[Enclosure in despatch from Mr. Vignaud, August 1, 1906.]

LAW ON NATIONALITY OF JUNE 26, 1889.

[Translation.]

Promulgated in the Journal officiel of June 28, 1889.

The Senate and the Chamber of Deputies have adopted, and The President of the Republic promulgates the law in tenor as follows:

ARTICLE 1. Articles 7, 8, 9, 10, 12, 13, 17, 18, 19, 20, and 21 of the Civil Code are modified as follows:

ARTICLE 7. The exercise of civil rights is independent of the exercise of political rights, which are acquired and preserved in accordance with the constitutional and electoral laws.

ARTICLE 8. Every Frenchman shall enjoy civil rights.

The following are Frenchmen :

1. Every person born of a Frenchman in France or abroad.

A natural child whose filiation is established during minority, either by recognition or judgment, follows the nationality of the parent in respect of whom the proof has first been established. If the filiation is established in respect of the father or mother by the same act or the same judgment, the child follow the nationality of the father.

2. Every person born in France of unknown parents or of parents whose nationality is unknown.

3. Every person born in France of a foreigner himself born there.a

4. Every person born in France of a foreigner and who, at the time of attaining his majority, is domiciled in France, unless, during the year following his majority, as regulated by the French law, he has declined French nationality and proved that he has preserved the nationality of his parents by a certificate in due form from his government, which shall remain attached to the declaration, and unless he has, moreover, produced, where such exists, a certificate showing that he has answered a call to the colors, in conformity with the military law of his country, save the exceptions provided in treaties.

5. Naturalized foreigners.

The following may be naturalized:

1. Foreigners who have obtained the authorization to establish their domicile in France, in conformity with article 13 hereinbelow, after three years' domicile in France, dating from the filing of their application at the ministry of justice. 2. Foreigners who can prove an uninterrupted residence of ten years. A sojourn in a foreign country in the discharge of an office conferred by the French Government is considered equivalent to residence in France.

3. Foreigners admitted to establish their domicile in France, after one year, if they have rendered important services to France, if they have brought thither distinguished talents, if they have introduced either an industry or useful inventions, if they have created industrial or other establishments or agricultural enterprises, or if they have been connected in any way with the military service in the French colonies or protectorates.

4. A foreigner who has married a French woman, also after one year of authorized domicile.

The request for naturalization is decided by decree, after an investigation as to the moral character of the foreigner.

ARTICLE 9. Every person born in France of a foreigner and who is not domiciled there at the time of attaining his majority may, up to the age of 22 years completed, make his application to establish his domicile in France, and, if he establishes it there within a year after filing his application, he may claim French nationality by means of a declaration which shall be filed in the ministry of justice.

If he is less than 21 years of age completed, the declaration shall be made by his father in his name, and in case of death (of his father), by his mother; in

a See infra, law of July 22, 1893.

case of the death of both father and mother or of their being excluded from guardianship, or in the cases contemplated in articles 141, 142, and 143 of the Civil Code, by the guardians authorized by decision of the family council.

He also becomes a Frenchman if, having been included in the recruiting list, he takes part in the recruiting operations without objecting on the grounds of being a foreigner.

has lost French nationality may claim such nationality at any age, under the ARTICLE 10. Every person born in France or abroad of parents of whom one conditions laid down in article 9, unless, being domiciled in France and called to the colors at the time of reaching his majority, he has invoked his foreign nationality.

ARTICLE 12. A foreign woman who has married a Frenchman shall follow the status of her husband.

A woman married to a foreigner who becomes naturalized as a Frenchman, and the children of full age of a naturalized foreigner, may, if they so request, acquire French nationality without fulfilling any condition as to residence, either by the decree conferring such nationality on the husband, the father, or the mother, or by virtue of the declaration which they shall make in accordance with and under the conditions of article 9.

The minor children of a father or surviving mother who becomes naturalized as French also become French unless they decline this nationality within the year following their nationality, in conformity with the provisions of article 8, paragraph 4.

ARTICLE 13. A foreigner who has been authorized by decree to establish his domicile in France shall enjoy all civil rights there.

The effect of the authorization shall cease at the expiration of five years if the foreigner does not ask to be naturalized or if his request is denied.

In case of death before naturalization, the authorization and the period of residence which has followed it shall accrue to the benefit of the wife and of the children who were minors at the date of the decree of authorization.

ARTICLE 17. The following lose their French nationality:

1. A Frenchman naturalized in a foreign country, or who acquires foreign nationality at his own request by the effect of the law.

If he is still subject to the obligations of military service in the active army, his naturalization abroad will not work a loss of his French nationality unless it has been authorized by the French Government.

2. A Frenchman who has declined French nationality in the cases contemplated by paragraph 4 of article 8 and by articles 12 and 18.

3. A Frenchman who, having accepted a public office from a foreign government, continues to hold it in spite of an injunction by the French Government to resign it within a certain period.

4. A Frenchman who, without the authorization of the Government, accepts military service abroad, subject, however, to the penal laws against Frenchmen who shirk the obligations of the military law.

ARTICLE 18. A Frenchman who has lost his French nationality may recover it, provided he resides in France, by securing reinstatement by decree. French nationality may be conferred by the same decree on the wife and on the children who are of age, if they so request. The minor children of the father or mother reinstated become French unless they decline this nationality within a year following their majority, in conformity with the provisions of article 8, paragraph 4.

ARTICLE 19. A French woman who marries a foreigner follows the status of her husband unless her marriage does not confer upon her the nationality of her husband, in which case she remains French. If her marriage is dissolved by the death of her husband or by divorce, she recovers her French nationality, with the authorization of the Government, provided she resides in France or returns there, by declaring that she has returned there and that she wishes to reside there permanently.

In case the marriage is dissolved by the death of the husband, French nationality may be granted by the same decree of reinstatement to the minor children, at the request of the mother, or by a subsequent decree, if the request is made by the guardian with the approval of the family council.

ARTICLE 20. Persons who acquire French nationality in the cases contemplated by articles 9, 10, 18, and 19 can only avail themselves thereof with regard to rights which have accrued to their benefit since that time.

ARTICLE 21. A Frenchman who, without the authorization of the Government, enters military service abroad can return to France only by virtue of a permit granted by decree, and can recover his French nationality only by fulfilling the conditions imposed in France on foreigners for acquiring ordinary naturalization.

2. The present law is applicable to Algeria and to the colonies of Guadeloupe, La Martinique, and La Réunion.

However, the senatus consultum of July 14, 1865, and other regulations relating specially to naturalization in Algeria shall continue in force.

3. A naturalized foreigner enjoys all the civil and political rights of a French citizen. Nevertheless he is not eligible to the legislative assemblies until ten years after the decree of naturalization, unless a special law shortens this period. The period may be reduced to one

year.

Frenchmen who recover their nationality after having lost it immediately acquire all the civil and political rights, including eligibility to the legislative assemblies.

4. The descendants of the families who were exiled at the revocation of the edict of Nantes shall continue to benefit by the provisions of the law of December 15, 1790, but on condition that a special decree be issued for each applicant. This decree shall produce effect only for the future.

5. For the execution of this law a set of regulations of public administration shall determine: (1) The conditions under which its provisions are applicable to the colonies other than those mentioned in article 2 above, as well as the formalities to be observed for naturalization in the colonies; (2) the formalities to be fulfilled and the proofs to be furnished in connection with ordinary naturalization and naturalization by favor in the cases contemplated by articles 9 and 10 of the civil code, as well as in connection with the renunciation of French nationality in the cases contemplated by articles 8 (paragraph 4), 12, and 18.

6. The decrees of April 6, 1809, and August 26, 1811, are abrogated; likewise the laws of March 22, 1849; February 7, 1851; June 29, 1867; December 16, 1874; February 14, 1882; June 22, 1883, and all provisions contrary to the present law.

Temporary provisions.

Every permit to establish domicile obtained prior to the present law shall become null and void if within a period of five years from the promulgation thereof it has not been followed by an application for naturalization, or if the application for naturalization has been rejected.

The present law, having been debated and adopted by the Senate and Chamber of Deputies, shall be enforced as a law of the nation. Done at Paris, June 26, 1889.

THÉVENET,

Custodian of the Seals,

CARNOT.

Minister of Justice and Public Worship.

[Enclosure in despatch from Mr. Vignaud, August 1, 1906.]

LAW MODIFYING ARTICLE 8, PARAGRAPH 3, AND ARTICLE 9 OF THE CIVIL CODE RELATIVE TO THE DECLARATIONS MADE WITH A VIEW TO ACQUIRING OR DECLINING FRENCH NATIONALITY, OF JULY 22, 1893.

[Translation.]

Promulgated in the Journal officiel of July 23, 1893.

The Senate and Chamber of Deputies have adopted, and the President of the Republic promulgates the law in tenor as follows: ARTICLE 1. Paragraph 3 of article 8 of the Civil Code is modified thus:

3. Every person born in France of foreign parents, of whom one was also born there, except that he has the privilege, if it was his mother who was born in France, of declining French nationality during the year following the attainment of his majority, by conforming to the provisions of subdivision 4 hereinafter.

A natural child may, under the same conditions as a legitimate child, decline French nationality when the parent who was born in France is not the one whose nationality the child ought, according to subdivision 1, second paragraph, to follow.

2. Persons to whom article 8, paragraph 3 modified, reserves the right to claim foreign nationality, and who have attained their majority at the date of promulgation of the present law, may claim such nationality by fulfilling the conditions prescribed within the period of one year dating from this promulgation.

3. Article 9 of the Civil Code is modified as follows:

Every person born in France of a foreigner and who is not domiciled there at the time of attaining his majority may, up to the age of 22 years completed, make his application to establish his domicile in France, and, if he establishes it there within a year after filing his application, he may claim French nationality by means of a declaration, which must be filed in the ministry of justice in order to be valid.

The filing shall be refused if it is found from the documents produced that the declarant does not fulfill the conditions laid down by the law, in which case he may appeal before the civil courts, as prescribed by articles 855 et seq. of the Code of Civil Procedure.

A notification of the refusal, stating grounds, should be given to the claimant within a period of two months from his declaration.

The filing may be refused, moreover, on the grounds of unworthiness even if the declarant fulfills all the legal conditions; however, in this case the matter must be decided and the declarant duly notified by a decree issued with the advice of the council of state within a period of three months from the declaration, or, if there has been a contest, from the day on which the judgment admitting the claim became final.

The declarant shall be entitled to produce documents and statements before the council of state.

If the notifications above referred to are not made within the periods indicated, the minister of justice shall, upon the expiration of these periods, remit to the declarant upon his request a copy of his declaration upon which the fact of its being filed is noted.

The declaration shall be effective from the day on which it was made unless it be rendered null and void by a refusal to file it.

The rules with regard to filing set forth in paragraphs 2 and 3 of the present article are applicable to declarations made for the purpose of declining French nationality in conformity with article 8, paragraphs 3 and 4, and articles 12 and 18.

Declarations made either for the purpose of claiming or of declining French nationality must, after filing, be inserted in the Bulletin of Laws. However, the omission of this formality can not prejudice the rights of declarants.

If a person claiming French nationality is less than 21 years of age completed, the declaration shall be made in his name by his father; if the father be dead, by the mother; if both the father and mother are dead or are excluded from guardianship, or in the cases contemplated by articles 141, 142, and 143 of the Civil Code, by the guardian authorized by a decision of the family council.

He also becomes French if, having been included in the recruiting list, he takes part in the recruiting operations without objecting on the grounds of being a foreigner.

The present law, having been debated and adopted by the Senate and the Chamber of Deputies, shall be enforced as a law of the nation. Done at Marly-le-Roi, July 22, 1893.

E. GUÉRIN,

Custodian of the Seals, Minister of Justice.

CARNOT.

COLONIES.

NO. 32628. DECREE DETERMINING THE CONDITIONS UNDER WHICH THE PROVISIONS OF THE LAW OF JUNE 26, 1889, ON NATIONALITY ARE APPLICABLE TO THE COLONIES, EXCEPT GUADELOUPE, LA MARTINIQUE, AND LA RÉUNION, OF FEBRUARY 7, 1897.

[Translation.]

Promulgated in the Journal officiel of February 10, 1897.

The President of the French Republic.

On the report of the minister of the colonies and of the guardian of the seals, minister of justice.

In view of article 18 of the senatus-consultus of May 3, 1854.

In view of article 7 of the decree of May 25, 1881, regarding the naturalization of foreigners in Cochin China.

In view of the decree of November 10, 1882, regarding the naturalization of the foreigners residing in New Caledonia.

In view of the law of June 26, 1889, on nationality, and especially of article 5, reading as follows:

For the execution of the present law, a set of public administrative regulations shall determine:

1. The conditions under which these provisions are applicable to the colonies except those mentioned in article 2 hereinabove, as well as the formalities to the observed in granting naturalization in the colonies.

In view of the decree of August 13, 1889, promulgating regulations of public administration for the execution of the law of June 26, 1889, on nationality.

In view of the law of July 22, 1893, modifying article 8, section 3, and article 9 of the Civil Code, relating to the declarations made with a view to acquiring or declining French nationality.

The council of state having been heard decrees:

TITLE I.-Acquisition, loss, and recovery of French nationality in the colonies other than Guadeloupe, La Martinique, and La Réunion.

ART. 1. Articles 7, 8, 9, 10, 12, 17, 18, 19, 20, and 21 of the Civil Code are hereby declared applicable to the colonies, except Guadeloupe, La Martinique, and La Réunion, under the following conditions:

ART. 7. The exercise of civil rights is independent of the exercise of

a 54 Bulletin des Lois, 1394.

H. Doc. 326, 59-2-21