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Alien

british, certificate, nationality, father and act

ALIEN is an expression applied to all persons on British soil who are not British subjects. An alien cannot be the propriet,r of a British ship (Merchant Shipping Act, 1894, sect. 1), nor can he exercise the franchise. Until 1870 he was unable to hold real property in England, but by the Naturalization Act, 1870, sect. 2, he was allowed the right to acquire, hold, and dispose of real and personal property in every respect as an English sukject. The Act did not, however, qualify an alien for any office, or for any municipal, parliamentary, or other franchise. With regard to expuls;on and immigration, reference should be made to the articles ALIEN (in the Appendix) and IMMIGRATION.

Professor Dicey distinguishes the followinv modes by which British nationality may be acquired :—(a) By place of birth. Any person, whatever the nationality of his parents, being born within the British dominions, is a natural-born British subject. (b) By descent alone. (1) As in the case of a child, wherever born, whose father was born within the British dominions. (2) And the case of a child whose father's father (paternal grandfather) was born within, the British dominions, it being immaterial where the child him self or his father was horn. (c) By the combined effect cf descent and place 9f residence during infancy, as in cases where a father, or a mother (being a widow), obtains a certificate of naturalization in the United Kingdom ; every child of such father, or mother, who during infancy becomes resident in the United Kingdom, with such father or mother. (d) By marriage. Only a woman's nationality is affected by marriage. The rule is that in the case of a woman nationality follows marriage; and the result is that an alien woman upon marrying an Englishman thereby acquires British nationality. (e) By Naturali

zation under the Act of 1870. Neither an infant, lunatic, idiot, nor married woman can become naturalized in compliance with the conditions imposed by this Act. Regulations as to the oath of allegiance were issued in May 1910.

By the conditions of the Act, an alien who has resided in the United Kingdom for not less than five years, or has been in the service of the Crown for such a term, and intends, when naturalized, either to reside in the United Kingdom, or to serve under the Crown, may apply to the Home Secretary for a certificate of naturalization. Such a certificate may also be given to any person whose nationality is in doubt. The applicant must adduce in support of his application such evidence as the Home Secretary may require, of his residence or service, and intention to reside or serve. The Home Secretary must take the case into consideration, and may, without assigning any reason, grant or withhold a certificate. There is no appeal from his decision. The certificate, when granted, does not take effect until the applicant has taken the oath of allegiance. Forms for application for naturalization may be obtained upon application at the Home Office. The fees payable are :—On grant of certifi cate, .f5 ; for registration of declaration, with or without oath of allegiance, 10s. ; for certified copy of any declaration or certificate, with or without oath, 10s. A widow, being a natural-born subject, who has become an alien in consequence of her marriage, may at any time during widowhood obtain a certificate of readmission to British nationality. And see INIM1Git AT ION .