Page:Halsbury Laws of England v1 1907.pdf/539

 —

—

Part IV.

—Loss



of British Nationality.

317

Sect. i. Such treaties may specifically regulate the future nationaUty of the inhabitants of the ceded territory, but in the absence of an In General, express provision, a relinquishment of the government of a terri- Effect~of loss tory is not only a relinquishment of the right to the soil or territory, of territory by treaty. but also of the rights over the inhabitants of the country (n). Consequently children born in the United States of America since the recognition of their independence, of parents born there before that time and continuing to reside there afterwards, are aliens (o) but it was held that children born in the United States since such recognition, of parents who resided there before, but who were natural-born British subjects and at the time of the separation adhered to the British government, are not aliens (p).

Sect. Sub-Sect.

2. 1.

— Under By

the Naturalization Act, 1870.

Voluntary Naturalization in a Foreign State.

697. Any British subject who at any time, when in any foreign and not under any disability, voluntarily becomes naturalized in such state, is from and after the time of his so having become naturalized in such foreign state deemed to have ceased to be a British subject and is regarded as an alien (q), but he is not thereby discharged from an}^ liability in respect of any acts done before the date of his so becoming an alien (r).

Expatriation,

state

A

British subject voluntarily naturalized in a foreign state prior 12th, 1870, might within two years of that date have made a declaration that he was desirous of remaining a British subject, and have taken the oath of allegiance, in which case he was deemed to be, and to have been continually, a British subject, with the qualification that he should not, when within the limits of the foreign state in which he had been naturalized, be deemed to be a British subject unless he had ceased to be a subject of that state (s). to

May

Sub-Sect.

By

2.

Declaration of Alienage.

698. The following persons may make a declaration of alienage, Persons who whereby they lose their status as British subjects, and are regarded as aliens 1.

{t)



^^^{^^^Ij)^

—

of alienage.

^

Where His Majesty has

entered into

state for the purpose, declared to have been entered into

any foreign

a

convention

(u)

with

and such convention has been by Order in Council, from and

after the date of such order any person being originally a subject or citizen of the state referred to in such order who has been naturalized as a British subject {n)

Doe

(o)

Ibid.

d.

Thomas

v.

Acklam

(1824), 2 B.

&

0. 779.

Doe d. Auchmuty v. Mulcaster (1826), 5 B. & 0. 771. Naturalization Act, 1870 (33 Vict. c. 14), s. 6; Be Trufort (1887), 36 Oh. D. 600 B. v. Lynch, [1903] 1 K. B. 444, unless the foreign state was at the time of such naturalization at war with the British Crown. Be Trufort, supra. (r) Naturalization Act, 1870 (33 Yict. c. 14), s. 15 (p)

Iq)





Ibid., s. 6. {t) Ibid., ss. 3, 4. Vol. IX., pp. 30, 31. (s)

Eor forms

of declaration see Encyclopaedia of

Forms,

{u) Only one such convention has in fact been made, namely, with the United States of America in 1871. Owing to doubts being entertained whether

^.Naturalized aliens,