Juries de medietate abolished. Alienage in British sub 8. From and after the coming into force of this Act, an alien shall not be entitled to be tried by a jury de medietate linguæ, but shall be triable in the same manner as if he were a natural-born subject. EXPATRIATION (ƒ). 9. Any British subject who has, at any time before, or may at any time after the ject natural- coming into force of this Act, when in foreign State, any foreign State and not under any ized in a disability, voluntarily (g) become naturalized in such State, shall, from and after the time of his so having become naturalized in such foreign State, be deemed within Canada to have ceased to be a British subject, and be regarded, as an alien: Provided, (f). This section corresponds with sec. 6 of the Imperial Act as to the capacity of a British subject to renounce allegiance to Her Majesty, the words “within Canada” being inserted. It should be free to every one to expatriate and denationalize himself, and to transfer his allegiance to another country. (Lord Ch. J. Cockburn on Nationality, p. 214). The leading principle of the bill was the abrogation of the old legal rule, nemo potest exuere patriam, an old rule of law which, however expedient and useful it may have been in other times, and in a different state of society, has become obsolete and is inapplicable in the case of a country which, like England at the present day, encourages emigration on a very large scale. (See speeches of Lord Chancellor Hatherley and the Earl of Derby, Hansard, Imp. 1870, and ante 19). (g). Lord Chancellor Hatherley explained that the word "voluntarily" was necessary, as follows: In several of the Southern States of America men were naturalized against their will by Acts of the Legislature, and it would be grossly unfair to refuse to receive back as citizens persons who had been compelled to cast off their allegiance to this country if they came asking us to be reinstated in their privileges. And in Prussia no person could hold a consular or diplomatic position in a fortified town unless he were naturalized. A practical result of this had occurred. An Englishman who had acted as consul in Prussia, and who had necessarily been naturalized, was afraid to let his sons visit him in Prussia because they would be liable to the conscription as subjects. How such remain a nada. 1. That where any British subject has Proviso before the coming into force of this subject may Act voluntarily become naturalized in a British subforeign State and yet is desirous of re-ject in Camaining a British subject within Canada, he may, at any time within two years (h) after the coming into force of this Act, make a declaration that he is desirous of remaining a British subject, and upon such declaration (hereinafter referred to Declaration as a declaration of British nationality) being made, and upon his taking the oath of allegiance, the declarant shall be deemed to be and to have been continu H.N.A. and its effect. 5 he is within State. Except when ally a British subject within Canada, such foreign with this qualification, that he shall not, when within the limits of the foreign State in which he has been naturalized, be deemed within Canada to be a British subject, unless he has ceased to be a subject of that State in pursuance of the laws thereof, or in pursuance of a treaty to that effect (i). (h). This period, as explained by the Lord Chancellor, was given for the benefit of those who had been naturalized abroad previous to the passing of the measure, and who, according to the existing law, were still British subjects, to choose whether they would remain foreign subjects or return and reclaim their citizenship in England. That was a point upon which he thought there could be no real difference of opinion, for up to this time, when a man asked for naturalization abroad he knew that he would remain a British subject, and it would be unjust by ex post facto legislation to deprive him of that privilege. The international measure could only be made perfect by agreement with all foreign states, but a great step was made by pointing out to other states the principle deemed most expedient for adoption-namely, that as soon as a man was naturalized in one country he ceased, ipso facto, to belong to another. (See conventions or treaties between Great Britain and the United States in Appendix). (i) The commissioners on the English Naturalization Bill recommended that when a person had fairly and voluntarily caused himself to be naturalized in one country he should cease, ipso facto, to be subject to the country which he had quitted, and become the subject of the country he had adopted. They further recommended that inasmuch as it would be well to make these regulations retrospective, and clear the whole question at once, it might be advisable to allow a period of time within which any person who, at the passing of the Act, has been so naturalized in any foreign country might, if he thought fit, give up such naturalization and return to the country of which he was originally a citizen. Sec. 5, ante, provides for the case of an alien who had become naturalized in Canada; this provides for the case of a British subject who has been naturalized abroad, divesting himself of his acquired nationality within a given time. (See Form of Declaration, post). before whom made. 2. A declaration of British nationality Where and may be made, and the oath of allegiance such declarabe taken as follows:-If the declarant tion may be be in the United Kingdom in the presence of a Justice of the Peace; if elsewhere. in Her Majesty's dominions in the presence of any judge of any court of civil or criminal jurisdiction, or of any Justice of the Peace, or of any other officer for the time being authorized by law, in the place in which the declarant is, to administer an oath for any judicial or other legal purpose; if out of Her Majesty's dominions, in the presence of any officer in the diplomatic or consular service of Her Majesty. Alien having resided in Canada, or been in the service of a Canadian Government, three years within the time to be limited by in Council, may take oaths and tificate as a NATURALIZATION AND RESUMPTION OF BRITISH NATIONALITY. 10. An alien who, within such limited time (j) before taking the oaths or affirmations of residence and allegiance and pro curing the same to be filed of record as not less than hereinafter prescribed, as may be allowed by order or regulation of the Governor in Council has resided in Canada for a the Governor term of not less than three years, or has been in the service of the Government of apply for cer- Canada, or of the Government of any of British sub- the Provinces of Canada, or of two or ject. more of such governments, for a term of not less than three years, and intends, when naturalized, either to reside in Canada, or to serve under the Government of Canada or the government of one of the Provinces of Canada, or two or more of such governments, may take and subscribe the oaths of residence and allegiance or of service and allegiance in form A in the schedule hereto or to the like effect, and apply for a certificate in the form B in said schedule. † (j). The order or regulation of the Governor in Council allows five years immediately preceding the taking of the oaths, as the limited period here referred to (Vide post): * Vide Regulations, post. + Vide in re C. C. Webster. Appendix. |