3. The name, surnames, and place of birth of his wife, if he be married. 4. The names, surnames, place of birth, residence, and profession or occupation of the parents of the latter. 5. The names, surnames, place of birth, residence of the children, setting forth if any of them are emancipated. Whenever it is impossible to express any of the circumstances mentioned previously, a statement shall be made in the inscription of the reason of that impossibility. ARTICLE 5. In order to be inscribed as Cuban citizens, the persons included in section 1 of article six of the constitution shall prove by means of the discharge or of any other document issued by a competent revolutionary authority that they have belonged to the liberating army. This proof shall be made by such persons before the custodian of the civil registry of their domicile, should they be in this island, or by means of a special attorney before the custodian of the civil registry at their last place of domicile therein, or of the place of domicile where they intend to fix their residence in Cuba, if they are abroad. ARTICLE 6. In order to be inscribed as Cuban citizens, the persons included in sections second and third of article sixth of the constitution shall prove before the custodian of the civil registry of their place of domicile in Cuba the residence required by said sections by means of an authentic document, or proof by witnesses made in the manner established in article eight of the present law. The declaration of intention to which the third section of article six of the constitution refers should be made before the custodian of the civil registry of the domicile which the interested party has in Cuba with the same formalities as in case of inscription. ARTICLE 7. To be inscribed as Cuban citizens, the persons included in section four of article six of the constitution shall prove before the custodian of the registry of civil status of their place of domicile in Cuba that they have not been registered in the registry of Spaniards opened in pursuance of the provisions of the treaty of Paris of December 10, 1898, that they are of full age, and that they resided in this island on the 11th day of April, 1899. The proof of not being inscribed in the said registry of Spaniards must necessarily be made by means of a certificate issued by the functionary of said registry. The circumstances of full age and of residence shall be accredited by means of proof by witnesses received under oath before the custodian of the registry of civil status, the witnesses declaring that they resided on the aforesaid date of the 11th of April, 1899, in the same locality as the moving party making the proof. The interested party shall present a certificate of the captaincy of the port, or proper authority, wherein shall appear the date of his arrival in the island, the age which he then had, whether he came alone or with a family, the name of the vessel which brought him, and of the captain of the same. ARTICLE 8. To be inscribed as Cuban citizens, the persons included in section fifth of article sixth of the Constitution shall prove before the custodian of the civil registry of their place of domicile that the circumstances exacted in said section exist as to them by means of a declaration of witnesses received under oath. ARTICLE 9. In all the inscriptions to which this law refers it shall be made to appear that the interested parties renounce their previous nationality and that they swear to obey the constitution of the Republic, the laws which are actually in force in this island, and those which may be in force in the future. ARTICLE 10. The custodians of the registry of civil status in this island shall remit to the division of state of the department of state and justice certificate of each inscription which they make in the books of the section of citizenship, and to the section of registries and notarial affairs of the same department a comprehensive table of the inscriptions, classified according to the model which said section shall formulate. The diplomatic or consular agents shall remit to the department of state certificates of the inscriptions referred to in paragraph second of article one of this law for their transcription in the registry of civil status of the last place of domicile which the interested parties may have had or of that which they propose to have in this island. The term for the remission provided for in the two preceding paragraphs shall be fifteen days, counted from the day following that on which the inscription of transcription in question shall take notice. Failures to fulfill this duty shall be punished gubernatively by the secretary of state. ARTICLE 11. Those who prior to the promulgation of this law have proven in the extinct department of state and government that there exist as to them the circumstances exacted in articles five, six, seven, and eight of this law are exempted from the proof of the same; as well as those that may have made in the registry of civil status of their domicile the declaration of option or renunciation of nationality to the end that they might be registered as electors according to the provisions of the additional dispositions of order number 218, of October 14, 1901. ARTICLE 12. All laws, provisions, orders, or decrees contrary to the provisions of this law are repealed. Therefore I command the obedience and enforcement of this law in its entirety. Given at the palace of the President, in Havana, October thirtieth, 1902. T. ESTRADA PALMA. CARLOS DE ZALDO, Secretary of State and Justice. [Enclosure 5 in despatch No. 148.-Translation.] LAW OF NOVEMBER 21, 1902. Tomas Estrada Palma, constitutional President of the Republic of Cuba. Be it known that Congress has enacted and I have sanctioned the following law: ARTICLE 1. The law of October 30, 1902, published in the Official Gazette of November 7th, 1902, shall be in force on and after the day of the publication of this law in the Official Gazette of the Republic. Wherefore I command obedience and the enforcement of this law in its entirety. Given at the presidential palace in Havana the 21st of November, 1902. CARLOS DE ZALDO, T. ESTRADA PALMA. Secretary of State and Justice. [Enclosure 6 to despatch No. 148.-Translation.] DECREE NO. 183. DEPARTMENT OF STATE AND JUSTICE, By virtue of the powers conferred on me by the constitution, I hereby decree as follows: 1. Native-born citizens of the Republic of Cuba shall have the right to solicit and there shall be issued to them by the secretary of state and justice a certificate affirming their nationality pending the issuance of documents and certificate declaring them to be in possession of citizenship. Those governed by clauses 2 or 3 of article 5 of the constitution shall further allege the compliance with precepts of the law of October 30, 1902. 2. Citizens of the Republic of Cuba who may have obtained citizenship by virtue of any of the clauses of article 6 of the constitution and have complied with the provisions of the law of October 30th, 1902, by registering themselves in the corresponding civil register, shall have the right to solicit from the secretary of state and justice, and there shall be issued to them, letters of Cuban naturalization, signed by the President of the Republic, on presentation of a sworn statement that they are in such political condition. 3. The sworn statement referred to in the two previous articles should be taken at the time of soliciting the certificate of nationality or letters of naturalization and ratifying same before a notary, who will acknowledge the identity of the petitioner and the legitimacy of his signature. 4. The certificate and letters of citizenship issued in compliance with the foregoing articles shall be sufficient to establish the nationality of the parties in whose favor authorized. Given at the presidential palace in Havana the 15th day of December, 1902. T. ESTRADA PALMA, President. CARLOS DE ZALDO, Secretary of State and Justice. [Enclosure 7 in despatch No. 148.--Translation.] DECREE NO. 174. By virtue of the powers conferred on me by the constitution, and at the instance of the secretary of state and justice, I hereby decree : ARTICLE 1. The rules of clause 1 of decree No. 183, of December 15, 1902, relative to the issuance of certificate of nationality and letters of citizenship shall be classed as follows: Citizens of the Republic, excepting those who have obtained citizenship by virtue of the provisions of article 6 of the constitution, shall have the right to solicit; and there shall be issued to them by the secretary of state and justice a certificate affirming their nationality pending the issuance of proper documents and certificate declaring them to be in possession of citizenship. Those, however, coming under clause 2 or 3 of article 5, or the second clause of the transitory rules of the constitution, shall establish proof of having complied with the precepts of the law of October 30. 1902. In case of married women, minors not emancipated or incapacitated, the petition shall be presented by their lawful representatives, which shall affirm their alleged character, and who shall state under oath that the parties represented have been found to be in such political condition. A married woman may, however, exercise the said right by obtaining a certified copy of her marriage license, or if she be legally separated from her husband, or exempt from marital state. Given at the presidential palace in Havana the 21st day of April, 1905. JUAN F. O'FARRILL Secretary of State and Justice ad interim. President. [Enclosure 8 in despatch No. 148.-Translation.] LAW OF JUNE 13, 1903. Tomas Estrada Palma, Constitutional President of the Republic of Cuba. Be it known that Congress has enacted and I have sanctioned the following law: The law of October 30, 1902, referring to the inscription in the registry of civil status of the acts by virtue of which Cuban nationality is acquired, lost or recovered, is hereby amended by adding the following: ARTICLE VII. If the interested party can not obtain said document through lack of proofs, or that obtained be insufficient, they shall furnish, by means of a statement duly sworn to before the custodian of the registry of civil status, the particulars required, with the exception of the name of the master of the vessel, which shall not be presented on the certificate presented. Wherefore I command the obedience and enforcement of this law in its entirety. Given at the presidential palace in Havana on the 13th day of June, 1903. TOMAS ESTRADA PALMA, The Secretary of State and Justice, ad interim, JOSÉ M. GARCIA MONTES. President. [Enclosure 9 in despatch No. 148.-Translation.] LAW OF JUNE 13, 1903. Tomas Estrada Palma, constitutional President of the Republic of Cuba. Be it known that Congress has enacted and I have sanctioned the following law: ARTICLE 1. That for foreigners to exercise the rights conferred on them by numbers one and two of article 6 of the constitution it shall be sufficient that they petition in writing, within the six months time fixed by the constitution, their desire to acquire Cuban citizenship, to any authorized official or functionary of the Republic, the date of presentation of said petition to be duly certified. ARTICLE 2. All officials or functionaries of the Republic having in their possession a petition for naturalization, as prescribed by the foregoing article, shall transmit same, if requested to do so by the party at interest, to the corresponding custodian of the civil registry within three months following the publication of this law. ARTICLE 3. The functionary or official referred to in the preceding article must accompany said petition with a certificate, duly sworn to, to the effect that same had been presented within the constitutional time limit. If the presentation shall have been made before a municipal judge in charge of the civil registry, the sworn certificate shall be attached to the bottom of the petition and shall in all cases state such fact in the inscription. ARTICLE 4. The transmittal of such petitions, until naturalization may be definitely inscribed, shall conform to the rules and regulations established by the law of October 30, 1902. ARTICLE 5. The three months referred to in article 3 having elapsed without any action by the party at interest, the petition for naturalization, to which reference is made in article 1 of this law, shall become null and void and of no further effect. ARTICLE 6. This law shall be in force and effect from and after the day following its publication in the Official Gazette of the Republic. Wherefore I command the obedience and enforcement of this law in its entirety. Given at the presidential palace in Havana on the 13th day of June, 1903. T. ESTRADA PALMA, President. The Secretary of State and Justice ad interim. JOSÉ M. GARCÍA MONTES. DENMARK. [Enclosure in despatch from Mr. O'Brien, minister to Denmark, September 25, 1906.Translation.] LAW CONCERNING THE ACQUIREMENT AND THE FORFEITURE OF THE RIGHT AS A DANISH-BORN. We, Christian the Ninth, by the grace of God, King to Denmark, etc. Make known the "Rigsdag" has voted and we by our assent sanctioned the following law: § 1. A legitimate child whose father enjoys the right of a Danishborn acquires by its birth the right of a Danish-born, whether the birth takes place in this country or in a foreign country. § 2. Persons who have not acquired the right of a Danish-born by birth, but who are born in this country, acquire the right of Danishborn when they continue after their birth to have their domicile here until they have completed their nineteenth year, unless they during H. Doc. 326, 59-2-20 the last year declare in writing before a chief magistrate (in Copenhagen before the "magistrat") that they do not wish to acquire the right of a Danish-born and besides prove by a suitable certificate their citizenship in another country. This declaration can not be made with legal effect by a person, being a child of a foreigner, who has himself in the above-named manner declared to maintain his foreign citizenship. When a man acquires the right of a Danish-born in virtue of this section, it comprises also his wife and his legitimate children. § 3. A foreign woman marrying a man possessing the right of a Danish-born acquires this right by her marriage. If the consorts have got children with each other previous to the marriage, these children acquire the right of Danish-born, provided that they are minors (under eighteen years). § 4. The right of a Danish-born is also acquired by naturalization, according to section 51 of the constitutional law of the 28th of July, 1866. The naturalization of a man comprises his wife and his legitimate minor children, if not otherwise provided in the individual case. § 5. The right as a Danish-born is forfeited by acquiring citizenship in another country. When a man becomes naturalized in another country, his wife or legitimate minor children, unless they remain domiciliated here, forfeit their right as Danish-born, provided that they become citizens in the foreign country by his naturalization there. Anybody wishing to become a citizen of a foreign country may be released by royal decree from his connection as a Danish citizen. The release is, however, granted on condition that he, within a certain time, becomes a citizen of another country. § 6. A woman who marries a man not possessing the right of a Danish-born forfeits her right as a Danish-born. If the consorts have got children with each other previous to the conclusion of the marriage, these children forfeit also their right as Danish-born if they are minors at the time when their parents contract marriage. If they are of age at that time, they keep their right as Danish-born. § 7. If a Danish man or a Danish unmarried woman, after having completed their eighteenth year, or a widow after the death of her husband, or a divorced wife after her divorce during ten years without intermission have been domiciliated in foreign countries, they forfeit their right as Danish-born (see, however, section 8) unless the absence is caused by the public service of the Danish Government or they retain their right as Danish-born by a declaration made in writing before the Danish legation or consulate concerned, in compliance with the regulations laid down on that subject, before the expiration of the said ten years. This declaration must, to remain effective, be repeated before the expiration of the tenth year from the latest declaration. Only a person who himself has emigrated and his children, as well as the widows of such persons, are admitted to make such a declaration. [a No foreigner can be naturalized except by law.] |