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Naturalization

subject, rights, alien, except, act and naturalized

NATURALIZATION, from the Latin Naturalis, natural. " If an alien be na turalized," says Coke (Co. Lit., 129, a), " he shall be to all intents as a natural subject, and shall inherit as if he had been born within the king's legiance." (ALLEGIANCE.] This rule however is subject to some limitations, which are stated in the article ALIEN, p. 102. The policy of naturalization is discussed in the article CITIZEN, p. 511.

Formerly there could be no natural ization except by act of parliament, but a new statute (7 & 8 Vick c. 66) has facilitated naturalization, and made some other alterations in the law relating to aliens. The act repeals the clause of 1 Geo. I. c. 4, which enacted that every Naturalization Bill should contain clauses to the effect that no person naturalized should be a member of the Privy Coun cil, or of either house of Parliament, or hold any office, civil or military, or be capable of holding grants from the crown, of lands, tenements, or hereditaments, either in his own name or by any person in trust for him. By the 7 & 8 Viet. c. 66, a person born out of her majesty's dominions, of a mother who is a natural born subject of the United Kingdom, is rendered capable of taking real or per smut' estate, by devise, purchase, or in heritance ; and an alien who is the sub ject of a friendly state may take and hold every species of personal property, except chattels real, as fully and ef fectually as natural-born subjects. The subject of a friendly state may also, for the purpose of residence or occupation, either by himself or his servants, hold lands, houses, or tenements for any term not exceeding 21 years ; and may enjoy the same rights, remedies, exemptions, and privileges (except the right of vot ing at elections for members of parlia ment) as if he were a natural-born sub ject. An alien woman married to a natural-born British subject becomes na turalized by such marriage. Such of the provisions of the following Acts which are inconsistent with the Act 7 & 8 Viet are repealed:—l2 & 13 Wm. 111. c. 2;

1 Geo. I. seas. 2, e. 4; 14 Geo. IlL c. 84.

Under the Act 7 & 8 Vict, c. 66, an alien who comes to reside in the United Kingdom with a view of settling, may by the following course obtain nearly all the rights of a natural-born subject. He is required first to present a memo rial to the secretary of state, containing a statement of his age, profession, trade, or other occupation ; the length of time he has resided in this country, and the ground on which he seeks to obtain any of the rights of a British subject ; and praying for a certificate, which must be granted before further steps can be taken. The certificate, granted by the secretary of state, recites such parts of the memo rial as, after due investigation, are found to be true and material, and this instru ment confers upon the applicant the rights and privileges of a British subject, except the capacity of being a member of the privy council, or a member of the houses of parliament, and except the rights and capacities (if any) specially excepted in and by such certificate. The certificate must be enrolled in the court of chancery, and within sixty days after its date the memorialist must take and subscribe an oath of allegiance. The course of proceeding to be adopted by aliens wishing to become naturalized L left, so far as details are concerned, to the secretary of state, and the fees are fixed by the Lords of the Treasury. Persons who were naturalized before the passing of 7 & 8 Vict. c. 66, and who had resided in this country for five successive years, are declared to be en titled to all rights conferred by the Act. The number of foreigners naturalized previous to the passing of 7 & 8 Viet did not on an average exceed seven or eight a year, and the number who ap plied for letters of denization did not ex ceed twenty-five annually.