Chapter XVII try are to inform the nearest Consular officer of the other, who is to be entitled to appear in all proceedings on behalf of the absent heirs or creditors until they are otherwise represented.

[cf. p. 250]

In connection with this article the true meaning of s. 3 of the Domicile Act, 1861, becomes of importance.

By Article IV, the convention may be applied to the British Colonies and American territories beyond the seas: and notice of adhesion may be given on behalf of any British Protectorate or sphere of influence, or on behalf of the Island of Cyprus. Article V provides for the most-favoured nation treatment " in all that concerns the right of disposing of every kind of property. real or personal ".

Chapter XVIII

Want of

tween title

and short

title of Act.

Chapter XVIII.

Of the Remaining Provisions of the Naturalization

Act.

A few provisions of the Act which have not been dealt with in the preceding chapters remain to be considered, as well as certain enactments which are incorporated with them.

33 & 34 Vict, c. 14: Title, preamble, and s. 1.

An Act to amend the Law relating to the legal condition of Aliens and British Subjects.

Whereas it is expedient to amend the law relating to the legal condition of Aliens and British subjects: Be it enacted :--

Short Title

1-This Act may be cited for all purposes as "The Naturalization Act, 1870".

The want of relation between the title of the Act and its relation be short title is one of its curious features; but we have become familiar with its twofold nature; and have come to look on an enactment which commences by an alteration of the common law as to the right of aliens to hold real property in the United Kingdom, and does not deal with naturalization till the middle, as an Aliens Act, as in fact it is. The legal condition of aliens is amended as the preamble declares it expedient to do: but it must be confessed that the "legal condition of British subjects" professes to give too wide a scope to the intention of the legislator; the nature of the amendments effected in their condition might have

been indicated; or at least some such words as "in certain res- Chapter XVIII pects "might have been introduced.

33 & 34 Vict. c. 141, s. 11.

to be made

Regulations One of Her Majesty's Principal Secretaries of State may Regulations as to regis- by regulation provide for the following matters :tration. (1) The form and registration of declarations of British under Act

nationality:

(2) The form and registration of certificates of naturalization in the United Kingdom:

(3) The form and registration of certificates of re-admission to British nationality:

(4) The form and registration of declarations of alienage:

(5) The registration by officers in the diplomatic or consular service of Her Majesty of the births and deaths of British subjects who may be born or die out of Her Majesty's dominions. [remainder, rep. 55 & 56 Vict. c. 23, s. 26.]

(6) The transmission to the United Kingdom for the purpose of registration or safe keeping, or of being produced as evidence of any declarations or certificates made in pursuance of this Act out of the United Kingdom, or of any copies of such declarations or certificates, also of copies entries contained in any register kept out of the United Kingdom in pursuance of or for the purpose of carrying into effect the provisions of this Act:

(7) With the consent of the Treasury the imposition and application of fees in respect of any registration authorised to be made by this Act, and in respect of the making any declaration or the grant of any certificate authorised to be made or granted by this Act:

The said Secretary of State, by a further regulation, may repeal, alter, or add to any regulation previously made by him in pursuance of

this section.

of 1870.

Any regulation made by the said Secretary of State in pursuance Effect of reof this section shall be deemed to be within the powers conferred by gulations in this Act, and shall be of the same force as if it had been enacted in this Colonies. Act, but shall not so far as respects the imposition of fees be in force in any British possession, and shall not, so far as respects any other matter be in force in any British possession in which any Act or ordinance to the contrary of or inconsistent with any such direction may for the time being be in force.

The words deleted from sub-s. 5 were the following: “and of the marriages of persons married at any of His Majesty's Embassies or Legations".

All questions connected with marriages of British subjects abroad at the Embassies or Legations are now governed by the 55 & 56 Foreign Marriage Act, 1892, by which the above words were repealed.

Vict. c. 23.

XV.J

So much of the last paragraph as relates to the application [see Chapter of the regulations to the Colonies has been considered in the chapter on Colonial Naturalization.

The provisions contained in the last two paragraphs of the

Chapter XVIII section are extended to the regulations with regard to oaths which the Secretary of State is empowered to make under the Vict. c. 102. Naturalization Oath Act, 1870.

33.&34

[set out on p. 107.]

The regulations which have been made under the above two sections include Forms, and also "Instructions to Applicants" for the various certificates; they will be found at the end of the Appendix following this chapter.

33 & 34 Vict. c. 14, s. 12.

Regulations Regulations

made by Act of 1870.

31 & 32

as to evi-
dence.

The following regulations shall be made with respect to evidence under this Act :

Any declaration authorised to be made under this Act may be proved in any legal proceding by the production of the original declaration, or of any copy thereof certified to be a true copy by one of Her Majesty's Principal Secretaries of State, or by any person authorised by regulations of one of Her Majesty's Principal Secretaries of State to give certified copies of such declaration, and the production of such declaration or copy shall be evidence of the person therein named as declarant having made the same at the date in the said declaration mentioned:

(2) A certificate of naturalization may be proved in any legal proceeding by the production of the original certificate, or of any copy thereof certified to be a true copy by one of Her Majesty's Principal Secretaries of State, or by any person authorised by regulations of one of Her Majesty's Principal Secretaries of State to give certified copies of such certificate:

(3) A certificate of re-admission to British nationality may be prov ed in any legal proceeding by the production of the original certificate, or of any copy thereof certified to be a true copy one of Her Majesty's Principal Secretaries of State, or by any person authorised by regulations of one of Her Majesty's Principal Secretaries of State to give certified copies of such certificate:

(4) Entries in any register authorised to be made in pursuance of this Act shall be proved by such copies and certified in such manner as may be directed by one of Her Majesty's Principal Secretaries of State, and the copies of such entries shall be evidence of any matters by this Act or by any regulation of the said Secretary of State authorised to be inserted in the register:

(5) The Documentary Evidence Act, 1868, shall apply to any regulation made by the Secretary of State, in pursuance of or for the purpose of carrying into effect any of the provisions of this Act

The Documentary Evidence Act 1868, which is extended by Vict. c. 37. sub-s.(5) to regulations made under the Act by the Secretary of State, provides the method of proving them. The material provisions of the Act are the following:-

How regulations under

31 & 32 Vict. c. 37, ss. 2-6.

2.-... Prima facie evidence of any... regulation issued... after the the Act are passing of this Act by or under the authority of any such Department or to be proved. Officer as is mentioned in the first column of the schedule hereto, may be

given in all Courts of Justice, and in all legal proceedings whatsoever, Chapter XVIII in all or any of the modes hereinafter mentioned; that is to say:

(1) By the production of a copy of the Gazette purporting to con- 31 & 32 tain such... regulation. Vict. c. 7.

(2) By the production of a copy of such... regulation purporting to be printed by the government printer, or, where the question arises in a Court in any British Colony or Possession, of a copy purporting to be printed under the authority of the Legislature of such British Colony or Possession.

(3)... by the production of a copy or extract purporting to be certified to be true by the person or persons specified in the 2nd column of the said schedule in connection with such Department or Officer.

Any copy or extract made in pursuance of this Act may be in print or in writing, or partly in print and partly in writing.

No proof shall be required of the handwriting or official position of any person certifying in pursuance of this Act, to the truth of any copy of or any extract from any...regulation.

3. Subject to any law that may be from time to time made by the Act to be in Legislature of any British Colony or Possession, this Act shall be in force in force in every such Colony or Possession.

Colonies.

4. If any person commits any of the offences following, that is to Forgery of

say :

documents.

regulations: (i) Prints any copy of any... regulation which falsely purports to or tendering have been printed by the government printer, or to be printed under forged the authority of the Legislature of any British Colony or Possession, or tenders in evidence any copy of any... regulation which falsely purports to have been printed as aforesaid, knowing that the same was not so printed or

(2) Forges or tenders in evidence, knowing the same to have been forged, any certificate by this Act authorised to be annexed to a copy of or extract from any... regulation:

he shall be guilty of felony, and shall on conviction be liable to be sentenced to penal servitude. (remainder, rep. S. L. R. Act, 1893.)

66

5.- British Colony and Possession" shall for the purposes of this Definitions. Act include the Channel Islands, the Isle of Man, and such territories as may for the time being be vested in His Majesty by virtue of any Act of Parliament for the government of India, and all other His Majesty's dominions.

"Legislature" shall signify any authority other than the Imperial Parliament or His Majesty in Council competent to make laws for any Colony or Possession.

Government printer" shall mean and include the printer to His Majesty and any printer purporting to be the printer authorised to print the Statutes, Ordinances, Acts of State, or other public Acts of the Legislature of a British Colony or Possession, or otherwise to be the Government printer of such Colony or Possession

"Gazette" shall include the London Gazette, the Edinburgh Gazette, and the Dublin Gazette, or any of such Gazettes.

Act to be

6. The provisions of the Act shall be deemed to be in addition to, and not in derogation of, any powers of proving documents given by any commulaexisting statute or existing at common law.

tive.

Disability.

The Documentary Evidence Act, 1882, extends the same provisions to documents printed under the superintendence of His Majesty's Stationery Office.

33 & 34 Vict. c. 14, s. 17.

Definition of In this Act, if not inconsistent with the context or subject matter thereof,-

terms.

'Disability shall mean the status of being an infant, lunatic, idiot, or married woman :

"British Possession" shall mean any Colony, plantation, island, territory, or settlement within Her Majesty's dominions and not within the United Kindom, and all territories and places under one Legislature are deemed to be one British Possession for the purposes of this Act: shall include any person exercising the chief authority in such Possession :

"The Governor of any British Possession

"Officer in the Diplomatic Service of Her Majesty" shall mean any Ambassador, Minister, or Chargé d'Affaires, or Secretary of Legation, or any person appointed by such Ambassador, Minister, Chargé d'Affaires, or Secretary of Legation to execute any duties imposed by this Act on an officer in the Diplomatic Service of His Majesty:

Officer in the Consular Service of Her Majesty "shall mean and include Consul-General, Consul, Vice-Consul, and Consular Agent, and any person for the time being discharging the duties of Consul-General, Consul, Vice-Consul, and Consular Agent.

Of the definitions, the first which gives the meaning of disability" might well have been omitted. It is a term which the law interprets for itself without the necessity of statutory assistance. It errs too on the side of incompleteness. The diffiLef. p. 138.] culties which arises in connection with the subject are discussed in the chapter on Ex-patriation.

Repeals of previous

Acts.

32 & 34 Vict. c. 14. s. 18.

Repeal of The several Acts set forth in the first and second parts of the schedule annexed shall be wholly repealed, and the Acts by Act Acts set forth in the third part of the said schedule shall be repealed to of 1870. the extent therein mentioned; provided that the repeal enacted in this Act shall not affect.-

(1) Any right acquired or thing done before the passing of this Act:

(2) Any liability accruing before the passing of this Act:

(3) Any penalty, forfeiture, or other punishment incurred or to be incurred in respect of any offence committed before the passing of this Act:

(4) The institution of any investigation or legal proceeding or any