66 66 APPENDIX IV. PAGE 353. PRESCRIPTION. Extract from the Commentaries of Donellus (lib. iv. c. iv. p. 334.) De usucapionibus longi temporis præscriptionibus, &c.) "POSTREMO etiam privata traditione res alienæ invitis dominis ad nos transeunt jure civili, si usus et justa possessio diuturnior ac"cesserit. Sic enim res quæruntur jure civili per usum et posses"sionem. Hanc acquisitionem nunc referimus inter eos modos quibus invito domino acquisitio contingit: et recte. Nam et res "ita habet, ut quamvis dominus nolit rem suam usucapi ab eo, qui eam bona fide possidet, tamen per statutum tempus possessa, pos"sessori acquiratur, ut postea dicetur. Juris quidem interpretatione "usucapio alienationis species habetur; quasi existimetur alienare, "qui patitur usucapi (l. alienationis. D. de verb. significat.). Qua "ratione et inter genera alienationis usucapio recenseri solet in "ratione dominii amittendi, de quo suo loco, sed ductum hoc est ex "eo, quod videtur, et quod ut plurimum accidit: quando quidem "existimatur unusquisque scire res suas, et a quo possideantur, et "cum sciet, posse interrumpere usucapionem rem suam repetendo. "Verum hoc non semper ita fit. Quid enim, si heres ignoret res "aliquas hereditarias, quæ ab alio possidentur? Quid si sciat "dominus rem suam ab aliquo possideri, sed non audeat cum eo " contendere judicio, quia ejus potentiam metuat? Quid, si ideo "non interpellet possessorem, quia in jure errans putet nihilominus "sibi jus suum semper salvum manere? In quibus omnibus nemo dicet, si res usucapitur aliter quam invito domino, possessori "acquiri. Constat tamen acquiri. Hoc ergo sentio, etsi ita res "possideatur invito domino, tamen si possideatur per legitimum tempus, impleri usucapionem proinde et acquisitionem invito "domino: quæ ideo ad hunc locum pertinet" (s). 66 APPENDIX V. PAGE 451, 33 Vict. c. 14-An Act to amend the Law relating to the legal condition of Aliens and British Subjects. [12th May, 1870.] (t) "WHEREAS it is expedient to amend the law relating to the legal "condition of aliens and British subjects: (s) Hugonis Donelli Comment. de Jure Civili (Franco. 1589), lib. iv. p. 334. c. iv. (t) See also the Naturalization Oath Act, 1870, 33 & 34 Vict. c. 102. Short title. Capacity of an alien as to pro perty. Power of natural ized aliens to divest of their status in certain "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 The Naturalization "Act, 1870.' "Status of Aliens in the United Kingdom. "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 66 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 immediately, in possession or expectancy, in pursuance of any disposi"tion 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. "3. Where her Majesty has entered into a convention with any "foreign State to the effect that the subjects or citizens of that "State who have been naturalised as British subjects may divest "themselves of their status as such subjects, it shall be lawful for themselves her Majesty, by Order in Council, to declare that 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 sub"ject or 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 alienage, "and from and after the date of his so making such declaration "such person shall be regarded as an alien, and as a subject of the "State to which he originally belonged as aforesaid. cases. "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 juris diction, 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 diplomatic or consular service of her Majesty. Britishborn sub ject may cease to be such. "4. Any person who by reason of his having been born within How "the dominions of her Majesty is a natural-born subject, 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 sub"ject. 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 66 a British subject. "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 natural-born subject. Alien not entitled to jury de medietate linguæ. "6. Any British subject who has at any time before, or may at any time after the passing of this Act, when in any foreign 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 subject, "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, "hereinafter referred to as a declaration of British nation"ality, 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 66 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 pursuance 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 pre แ Capacity of British subject to renounce allegiance to Her Majesty. แ 66 sence 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 diplomatic or consular "service of her Majesty. 66 "Naturalization and resumption of British Nationality. "7. An alien who, within such limited time before making the Certificate "application hereinafter mentioned as may be allowed by one of of natural-"her Majesty's Principal Secretaries of State, either by general ization. "order or on any special occasion, has resided in the United King"dom for a term of not less than five years, or has been in the "service of the Crown for a term of not less than five years, and "intends, when naturalized, either to reside in the United Kingdom, "or to serve under the Crown, may apply to one of her Majesty's "Principal Secretaries of State for a certificate of naturalization. "The applicant shall adduce in support of his application such "evidence of his residence or service, and intention to reside or "serve, as such Secretary of State may require. The said Secretary "of State, if satisfied with the evidence adduced, shall take the case "of the applicant into consideration, and may, with or without assigning any reason, give or withhold a certificate as he thinks "most conducive to the public good, and no appeal shall lie from "his decision, but such certificate shall not take effect until the "applicant has taken the oath of allegiance. 66 "An alien to whom a certificate of naturalization is granted shall "in the United Kingdom be entitled to all political and other rights, "powers, and privileges, and be subject to all obligations, to which a natural-born British subject is entitled or subject in the United "Kingdom, with this qualification, that he shall not, when within "the limits of the foreign State of which he was a subject previously "to obtaining his certificate of naturalization, be deemed to be a "British subject, unless he has ceased to be a subject of that State "in pursuance of the laws thereof, or in pursuance of a treaty to "that effect. "The said Secretary of State may in manner aforesaid grant a "special certificate of naturalization to any person with respect to "whose nationality as a British subject a doubt exists, and he may "specify in such certificate that the grant thereof is made for the purpose of quieting doubts as to the right of such person to be a "British subject, and the grant of such special certificate shall not "be deemed to be any admission that the person to whom it was "granted was not previously a British subject. "An alien who has been naturalized previously to the passing of "this Act may apply to the Secretary of State for a certificate of "naturalization under this Act, and it shall be lawful for the said "Secretary of State to grant such certificate to such naturalized alien upon the same terms and subject to the same conditions in and upon which such certificate might have been granted if such alien "had not been previously naturalized in the United Kingdom. 66 of re-ad mission to British nationality. "8. A natural-born British subject who has become an alien in Certificate pursuance of this Act, and is in this Act referred to as a statutory "alien, may, on performing the same conditions and adducing the same evidence as is required in the case of an alien applying for a "certificate of nationality, apply to one of her Majesty's Principal "Secretaries of State for a certificate hereinafter referred to as a "certificate of re-admission to British nationality, re-admitting him "to the status of a British subject. The said Secretary of State "shall have the same discretion as to the giving or withholding of "the certificate as in the case of a certificate of naturalization, and an oath of allegiance shall in like manner be required previously "to the issuing of the certificate. "A statutory alien to whom a certificate of re-admission to British "nationality has been granted shall, from the date of the certificate "of re-admission, but not in respect of any previous transaction, "resume his position as a British subject; with this qualification, "that within the limits of the foreign state of which he became a "subject he shall not be deemed to be a British subject unless he "has ceased to be a subject of that foreign state according to the "laws thereof, or in pursuance of a treaty to that effect. "The jurisdiction by this Act conferred on the Secretary of State "in the United Kingdom in respect of the grant of a certificate of "re-admission to British nationality, in the case of any statutory "alien being in any British possession, may be exercised by the governor of such possession; and residence in such possession "shall, in the case of such person, be deemed equivalent to residence "in the United Kingdom. "9. The oath in this Act referred to as the oath of allegiance "shall be in the form following; that is to say, "I do swear that I will be faithful and bear "true allegiance to her Majesty Queen Victoria, her heirs and successors, according to law. So help me GOD.' "National status of Married Women and Infant Children. Form of oath of allegiance. "10. The following enactments shall be made with respect to the National "national status of women and children: status of women "(1.) A married woman shall be deemed to be a subject of the married "State of which her husband is for the time being a "subject: (2.) A widow being a natural-born British subject who has and infant children. |