Page:Halsbury Laws of England v1 1907.pdf/525

 ——— Part

I.

—

Definitions.

303

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Sect. i. Persons born within the allegiance of the Crown include born within Alien, is the Crown dominions of the Everyone who (1) whatever may be the nationality of either or both of his parents pers^^^^orn miless he is either (a) a child of a foreign sovereign or any foreign within allestate's ambassador, or, possibly, of any other foreign diplomatic glance of the ^^'o^^agent (c) or (b) a child born in British territory of alien parents, if the territory was in the occupation of a foreign army at the time



of his birth (d).

The dominions of the Crown include (a) The United Kingdom and any territory, or

colony,

plantation, island,

Dominions

settlement within His Majesty's dominions and not

the Crown.

of

within the United Kingdom {e). (b) Places situated within the territory of a prince, who is subject to the Crown of England in respect of such territory (/). (c) British ships of war and other public vessels (g). (d) British merchantmen on the high seas (h), and probably even if in the territorial waters of a foreign country (i). (2) The children of the King (k) or of a British ambassador (/), Children of or, possibly, other diplomatic agent, even though such children Crown or are born abroad but not the children born abroad of other persons diplomatic officers. in the service of the Crown (m). (3) Any person whose father or paternal grandfather was born Children and wdthin the dominions of the Crown, although he himself was born grandchildren of abroad, provided that at the time of his birth his father had not natural-born ceased to have the rights of a British subject (otherwise than by British death (/i)), and was not in the service of a foreign state at enmity subjects. with the Crown of England (o).

Sect.

2.

Statutory Alien.

663. A statutory alien is a natural-born British subject, who has become an alien in pursuance of the provisions of the Naturalization Act, 1870 (iJ). Sect.

3.

is

at peace Alien

(cj The point has never been judicially decided, but it is probable that the principle would apply at all events to a minister representing the personality of his sovereign. See Cockburn, Nationality, p. 7. (d) Calvin's Case (1608), 7 Co. Eep. 1. (e) Naturalization Act, 1870 (33 Yict. c. 14), s. 17. (/) Craw V. Ramsey (1670), Vaugh. 281. {g) Parlement Beige (1880), 5 P. D. 197. (A) Marshall v. Murgatroyd (1870), L. E. 6 Q. B. 31. (0 Compare B. v. Carr and Wilson (1882), 10 Q. B. D. 76.

25

Edw.

3, St. 1.

Calvin's Case, supra, at p. 18 a. {m) Be Geer v. Stone (1882), 22 Ch. D. 243. (n) Boe d. Thomas v. AcJclam (1824), 2 B. & C. 779. (/)

(o) The Foreign Protestants Naturalization Act, 1708 (7 Anne, c. 5), s. 53, as explained and enlarged by the British Nationality Act, 1731 (4 Geo. 2, c. 21), and the British Nationality Act, 1772 (13 Geo. 3, c. 21). Note, however, that the children of persons attainted of high treason, or liable to the penalties of high treason or felony, are expressly excepted (4 Geo. 2, c. 21, s. 2, and 13 Geo. 3, c. 21, s. 2). (p) Naturalization Act, 1870 (33 Vict. c. 14), s. 8; and see p. 317, post.

(q)

1 Bl.

Com.

360.

alien.

Alien Friend.

664. An alien friend is one whose sovereign or state with the sovereign of England (q).

(k)

statutory

friend,