Page:Halsbury Laws of England v1 1907.pdf/535

 — — Part

III.

—

Acquisition of British Nationality.

813

temporary or conditional, and may either express the privileges conferred or confer all the rights of a natural-born subject, except those specifically excluded by its provisions or withheld by law (k). Thus, a denizen is debarred from holding certain offices (Z), and he is not qualified to own a British ship, unless he has taken the oath of allegiance and is during the time he is owner of the ship either resident in the King's dominions or partner in a firm actually carrying on business in those dominions (m). The grant is not retrospective (n) consequently the children of a denizen born out of the King's dominions before the issuing of the letters patent, do not acquire British nationality unless expressly included in the terms of the grant. The taking of the oath of allegiance is a condition precedent to the grant (o).

Sect.

i.

Letters of Denization. Disabilities of

denizens,



Sect.

2.

By

Annexation or Cession

to

the British

Crown.

688. Inhabitants of conquered territory or of territory formally Annexation ceded by a foreign power become subjects when once received under or cession. the King's protection Sect.

3.

— Under

Sub-Sect.

1.

the Naturalization Act, 1870.

Bi/

Certificate

of Naturalization^

689. An alien who, within such limited time before making the Application certificate application hereinafter mentioned as may be allowed by one of His Majesty's principal Secretaries of State, either by general order or tion. on any special occasion (g), has resided in the United Kingdom for a term of not less than five years, or has been in the service of the Crown for a similar period, and intends w^hen naturalized either to reside in the United Kingdom or to serve under the Crown, may apply to one of His Majesty's principal Secretaries of State for a certificate of naturalization {r). The applicant must adduce in support of his application such Consideration evidence of his residence or service and intention to reside or serve as the Secretary of State may require. The Secretary of State, if satisfied with the evidence adduced, must take the case of the {h)

Act

(?)

Ibid.

of Settlement,

1700 (12

&

13 Will.

3, c. 2), s.

3



and

see p. 308, ante.

Im) Merchant Shipping Act, 1894 (57 & 58 Yict. c. 60), s. 1. Fourdrin v. Gowdeij (1834), 3 My. & K. 383, where it was held that letters of denization conferring on a man not only the power of acquiring lands in the future, but of retaining and enjoying all lands he had heretofore acquired, gave him the power to devise the freehold and chattel interest which he had purchased previously to the letters of denization. (o) For form of petition for letters patent of denization, see Encycloptedia of Forms, Yol. IX., p. 33 and for form of letters patent, see p. 34, ihid. The practice of the Home Office is to hand the patent to the denizen after he has taken the oath. {p) Hall V. Campbell (1774), 1 Cowp. 204, per Lord Mansfield, at p. 208 see also Mayor of Lyons v. East India Co, (1836), 1 Moo. P. 0. C. 175, at p. 286. After the Boer war the Boers permitted to remain in the country were required to take the oath of allegiance. {q) The period has been fixed by general order at eight years. (r) The right of the Colonies to legislate as to naturalization, subject to the consent of the Crown, within the limits of such colony, is expressly preserved by the Naturalization Act, 1870 (33 Vict. c. 14), s. 16. {n)