The question-who are aliens, as well as the question what are their rights as such, must be governed by the same law (e). An objection of alienage against the vote of a person at a provincial election on the ground that he had been born in the United States, although he resided nearly all his life in Canada was overruled, it being shown that his father and grandfather were U. E. Loyalists (ƒ). Taking the oath of allegiance, without obtaining a naturalization certificate did not entitle to vote (g). There is a presumption in favor of the continuance of original status of alienage (h). Aliens are variously considered by the new law, as1. Aliens by birth, or foreigners. 2. Aliens by expatriation; referred to in the Act as "Statutory aliens." Secs. 5, 9, 10. 3. Widows who have become aliens in consequence of marriage. Sec. 27. 4. Children of statutory aliens. Sec. 28. 5. Those who, after having obtained naturalization as British subjects, divest themselves of their status so acquired, by declaration of alienage under the Act. Sec. 5. 6. Those who are British subjects by birth, born either within or without Her Majesty's Dominions, but held to be subjects of a foreign state by the laws thereof. Sec. 7. (e) Corse v. Corse, 4 L. C. R. 310 S. C. (1854); notwithstanding Donegani v. Donegani, S. R. 605 P. C. (1835). (f) Stormont Hodgin's Election Cases, 42. (g) Brockville, Ib. 129. (h) Ib. Shenck's note, Lincoln (2) 500. 7. British subjects who became aliens by naturalization in a foreign state before the Act, and who by a declaration of British nationality, under sec. 9, sub-sec. 1, remain British subjects within Canada, but who when within the limits of the foreign state are not within Canada to be deemed British subjects. ALLEGIANCE is the tie or ligamen which binds the subject to the king in return for that protection which the king affords the subject (Bl. Comm. 369, 370, 457); the "true and faithful obedience of the subject due to his sovereign." It is of four kinds: (1). Natural allegiance, that which is due from all men born within the king's dominions, also defined as that which arises by nature and birth, said to be the primary allegiance. (2). Acquired allegiance, i.e., by naturalization or letters of denization. (3). Local allegiance, that which is due from every alien only so long as he continues within the dominions of the English Crown. (4). Legal allegiance is that arising from taking the oath of allegiance when required by municipal laws, e.g. by persons on assuming office under the Crown (i). Allegiance, as judicially defined in the United States, is the obligation of fidelity and obedience which the individual owes to the government under which he lives, or to his sovereign, in return for the protection he receives. It may be an absolute and permanent obligation, or it may be qualified and temporary (j). BRITISH SUBJECTS.-By the common law of England every person born within the dominions of the Crown, no matter whether of English or foreign parents, and in the latter case, whether the parents were settled, or merely (i) Calvin's Case, 7 Rep. 1. (j) Carlisle v. United States, 16 Wall. 147. temporarily sojourning in the country, was an English subject, save only the children of foreign ambassadors (who were excepted because their fathers carried their own nationality with them), or a child born to a foreigner during the hostile occupation of any part of the territories of England. No effect appears to have been given to descent as a source of nationality (k). The common law was modified and extended by certain statutes, viz.: 25 Edw. III., stat. 2; 7 Anne, cap. 5; 4 Geo. II., cap. 21, and 13 Geo. III., cap. 21, so that up to the time of the passage of the English Naturalization Act all persons born within the dominions of the Crown, with the limited exceptions above mentioned, whether of British or foreign parents, and all persons being the children or grand-children of British parents, though born within the dominions of a foreign State, were considered to all intents and purposes British subjects, owing allegiance to and being entitled to protection from the sovereign of the British Empire (1). But the status of natural born British subjects, which by the Acts 7 Anne, c. 5; 4 Geo. II., c. 21, and 13 Geo. III., c. 21, is conferred on children and grand-children born abroad of natural-born British subjects, is a merely personal status, and is not by these Acts made transmissible to the descendants of the persons to whom that status is thereby given, and there is no foundation for the notion that by the common law of England the posterity of a natural-born British subject, though born abroad, must be treated as British subjects forever (m). It was held in Nova Scotia that the children and grandchildren of natural-born British subjects, though born in a (k) Cockburn on Nationality, p. 7, 11. foreign country, were not aliens, and therefore capable of transmitting real estate in that province by descent and otherwise (n). British subjects are variously considered by the new law as 3. By "declaration of British nationality," made within two years after coming into force of the Act by persons naturalized in foreign state before the Act, but desirous of remaining British subjects. Sec. 9, sub-sec. 1. 4. By special certificate, where nationality as a British subject is doubtful. Sec. 18. 5. By certificate under the Act obtained by persons who were naturalized previously to the Act. Sec. 19. 66 6. By resumption of British nationality; i.e., where a statutory alien" obtains a "certificate of re-admission to British nationality." Sec. 20. 7. By naturalization, where the foreign state of which he was a subject, having by a convention, or by its laws, recognized the right of expatriation, by such convention or laws, requires a residence or service in Canada of more than three years as a condition precedent to its subjects divesting themselves of their status as such subjects, and an oath has been taken and certificate granted, showing residence or service for such period. Sec. 24. 8. By naturalization, where an alien, who, whether under this Act or otherwise, has become entitled to the privileges (n) Salter v. Hughes, Oldright's Rep. 409. of British birth in Canada, and desiring to divest himself of his status as subject of foreign state, takes the oath of residence or service for the period of time required by such convention or laws of foreign state. Sec. 25. 9. By re-admission within Canada of a widow, who being a natural born British subject, is deemed to be a statutory alien in consequence of her marriage. Sec. 27. 10. Children of parents naturalized within Canada, becoming resident during infancy. 11. Children of parents who have been re-admitted to British nationalty. INDIANS in Canada are not entitled to all the privileges of British subjects unless they are enfranchised under 43 Vict., cap. 25 (Can.), or some of the previous statutes of which that is a consolidation. By section 2, sub-sec. 5, the term Enfranchised Indian means any Indian, his wife, or minor unmarried children, who has received letters patent granting him in fee simple any portion of the reserve which may have been allotted to him, his wife, and minor children by the band to which he belongs, or any unmarried Indian who may have received letters patent for any allotment of the reserve. Sections 99-101 specify the mode of obtaining such letters patent. Before the issue of the letters patent, the Indian must declare to the Superintendent-General of Indian Affairs the name or surname by which he or she wishes to be enfranchised and thereafter known; and on his or her receiving such letters patent in such name or surname, he or she shall be held to be also enfranchised, and be known by such name, and if a married man, his wife and minor unmarried children also are held to be enfranchised, and from the date of such letters patent any Act or law making any distinction between the legal rights, privileges, |