COSTA RICA.

CONSTITUTION (1871).

[Translation.]

TITLE II.

SECTION FIRST.-Costa Ricans.

ART. 4. Costa Ricans are either native or naturalized.

ART. 5. Native Costa Ricans are:

1. All persons born in the territory of the Republic, except those who, being the issue of a foreign father or mother, should, under the law, be clothed with foreign nationality of the latter.

2. The children of a Costa Rican father or mother, born outside the territory of the Republic, whose names have been inscribed in the civil register, by their parents during their minority, or by themselves after reaching full age.

3. The children of a foreign father or mother born in the territory of the Republic who, after having reached the age of twenty-one years, register themselves as Costa Ricans, or were registered as such by their parents before reaching that age.

4. The inhabitants of the Province of Guanacaste who settled within its limits between the date of its annexation to this Republic and the date of the treaty concluded with Nicaragua (April 15. 1858) shall be native citizens.

ART. 6. Naturalized Costa Ricans are:

1. Those who have acquired that quality by virtue of laws heretofore enacted.

2. Foreign women married to Costa Ricans.

3. Persons born in other countries who, after having resided one year in the Republic, obtain naturalization papers.

ART. 7. Costa Rican citizenship is lost and recovered for the causes and by the means established by law.

ART. 8. Costa Ricans are bound to observe the constitution and the laws, serve their country, defend it, and contribute to the public

expenses.

SECTION SECOND.-Citizens.

ART. 9. Costa Rican citizens are all native or naturalized Costa Ricans who have reached twenty years of age, or eighteen years if they are married or are professors of some science; provided in all cases that they own some property, or have an honest trade, the fruits or income of which are sufficient to support them in proportion to their condition of life.

ART. 10. The rights of citizenship are suspended, lost, and recovered for the causes established by law.

ART. 11. Those who having lost their citizenship, except through treason to their country, may be rehabilitated, if sufficient legal grounds are set forth in the application for the favor.

SECTION THIRD.-Foreigners.

ART. 12. Foreigners enjoy in the territory of the Nation the same civil rights as citizens; they can exercise their industries or commerce, hold real property, purchase and sell it, navigate the rivers and coasts, freely exercise their religion, dispose of their property by last will and testament, and contract marriage according to law. They are not bound to become citizens, nor to pay forced extraordinary taxes."

[Translation.]

LAW ON FOREIGNERS AND NATURALIZATION (OF DECEMBER 21, 1886, PRE

PARED BY THE PERMANENT COMMITTEE AND APPROVED BY CONGRESS IN

THE DECREE OF MAY 13, 1889, EXCEPT ARTICLE 15, WHICH WAS OMITTED).

ARTICLE 1. The following are native Costa Ricans:

(1) The legitimate child of a Costa Rican father, whatever be the place of its birth.

(2) The illegitimate child of a Costa Rican mother, whatever be the place of its birth.

(3) The illigitimate child of a foreign mother, recognized by a Costa Rican father.

(4) A child born or found within the territory of the Republic, its parents or nationality being unknown.

(5) The inhabitants of the province of Guanacaste who were permanently settled there from its incorporation into this Republic (December 9, 1825) up to the treaty of April 15, 1858, concluded with Nicaragua.

(6) The children of a foreign father who were born within the national territory, and who, after attaining twenty-one years of age, inscribe themselves of their own accord in the civil registry, or who are inscribed before attaining this age at the instance of their father (or, if there be none, of their mother).

ARTICLE 2. Children under 21 years of age, of a Costa Rican father, who have lost their nationality, may, on attaining their majority, claim Costa Rican citizenship by making a declaration to this effect before the diplomatic or consular officers of the Republic, if they reside abroad, or before the department of foreign relations if they reside within the national territory.

The same shall apply to natural children of a Costa Rican mother who has lost her nationality and who have not been recognized by a foreign father.

ARTICLE 3. The following are naturalized Costa Ricans:

(1) Foreigners who acquire or have acquired Costa Rican citizenship according to the law."

(2) Costa Ricans who, having lost their nationality, recover it. (3) A foreign woman who marries a Costa Rican, she preserving this nationality even after becoming a widow.

a Text as printed in American Constitutions by Rodriguez (1905), I, 326.

ARTICLE 4. The following lose their Costa Rican nationality: (1) Costa Ricans who become naturalized in a foreign country. (2) Those who accept public offices, titles, or decorations conferred by a foreign government, without the consent of their own government, with the exception of literary, scientific, or humanitarian titles, which may be freely accepted.

(3) Those who, without the permission of the government, perform military service in a foreign nation or enlist in a foreign military organization.

(4) The illegitimate minor son of a Costa Rican mother on being recognized by his foreign father with the consent of the mother.

(5) A Costa Rican woman who marries a foreigner, her nationality remaining lost even in widowhood, unless she fails to acquire the nationality of her husband according to the laws of the latter's country, in which case she preserves her own nationality.

ARTICLE 5. A Costa Rican who has lost his nationality may recover it:

(1) If his case is that described under (1) of the foregoing article, by returning to the territory of the Republic if he is abroad, and declaring before the department of foreign relations that he desires to settle in Costa Rica and that he renounces his foreign citizenship.

(2) If his case is that of (2), by expressly declaring before the office of foreign relations that he has given up the office, title, or decoration which was conferred on him by the foreign government.

(3) If he comes under case (3) of the same article, by soliciting the consent of the government to return to the territory of the Republic, and, if the government grants this, by returning to Costa Rica in order to fulfill the conditions imposed on foreigners desiring to become naturalized.

(4) If his case be that indicated under (4), by declaring, on attaining his majority, before the office of foreign relations that he chooses Costa Rican citizenship, or by his father inscribing him in the civil. register before this age.

(5) In case (5) the widow, on the marriage being dissolved, may return to the territory of the Republic and declare before the office of foreign relations that she desires to settle in the Republic, and that she renounces her foreign nationality.

ARTICLE 6. A change of nationality on the part of the husband during marriage involves a change of nationality of the wife, if, according to the laws of the country in which the husband has acquired citizenship, the wife follows the husband's status.

ARTICLE 7. The rule that a child in utero matris is considered as being born for all intents and purposes favorable to it may be invoked by a person desirous of acquiring or preserving Costa Rican citizenship.

ARTICLE 8. Any foreigner may become naturalized in Costa Rica who proves

(1) That he is of age according to the laws of his country;

(2) That he has a profession, trade, or income from which to live; (3) That he has resided at least a year in the Republic and that he has observed good conduct.

ARTICLE 9. Citizenship papers will not be granted to the citizens or subjects of a nation with which the Republic is at war, nor to those declared judicially in other countries to be pirates, slave traders, in

cendiaries, or counterfeiters of coin or paper money or other documents of public credit, nor to assassins, kidnappers, or robbers.

Citizenship acquired fraudulently by a foreigner in violation of the law is ipse jure null and void.

ARTICLE 10. A foreigner desiring to become naturalized shall apply in person or through a person specially empowered to the office of foreign relations stating his intention to become a Costa Rican citizen and renounce his nationality.

This application shall be remitted to the governor of the Province or district where the foreigner has resided, in order that he may examine three or more witnesses regarding the points enumerated in article 8.

When the depositions have been taken and returned to the office of foreign relations, the Government shall, provided the inquiry has been favorable to the applicant and there is no legal hindrance, grant the naturalization papers. In the contrary event it shall refuse them. Whatever decision is reached, it shall be published in the official gazette.

The provisions of this article do not apply to foreigners who are naturalized by virtue of the law. Neither do they apply to those who have the right to claim or choose Costa Rican citizenship, for whom a simple declaration made before the diplomatic or consular officers of the Republic abroad or before the office of foreign relations will suffice.

ARTICLE 11. The naturalization of a foreigner becomes null and void by a residence in his native country during two consecutive years, unless such residence is rendered necessary in order to perform some official mission for the Government of Costa Rica, or unless it be by permission of the latter.

ARTICLE 12. A change of nationality is not retroactive in effect.

ARTICLE 13. Naturalized citizens have the same rights as natives to the protection of the Government of the Republic. However, if they return to their native country they remain subject to any liabilities which they may have incurred before their naturalization.

They have the same rights and obligations as native citizens, but they shall be disabled from discharging those offices and employments for which nationality by birth is required according to law.

ARTICLE 14. Foreigners enjoy the rights specified in article 12 of the Constitution, as well as others which are indicated in treaties with foreign nations.

ARTICLE 15. (Abolished by law of May 13, 1889.)

ARTICLE 16. Foreigners are under obligation to contribute toward public expenses in the manner prescribed by the laws, and to obey and respect the institutions, laws, and authorities of the country, submitting to the sentences and judgments of the courts without being entitled to any other recourse than that granted by the laws to citizens. Appeal may be made through diplomatic channels only in case of a denial of justice or a willful delay in its administration, after all remedies provided by the laws have been exhausted in vain, in the manner prescribed by international law.

ARTICLE 17. Foreigners do not enjoy the political rights belonging to citizens; consequently they can neither vote, nor be voted for, for any office subject to popular election; nor can they be appointed to any other office or commission conferring civil or political authority

or jurisdiction; nor combine for the purpose of attempting to interfere actively in the militant policy of the Republic; nor take any part therein; nor exercise the right of petition in this kind of

matters.

ARTICLE 18. Foreigners are exempt from military service. However, those here domiciled are liable to police service when it is a question of maintaining the safety of property and the preservation of order in the same town in which they reside.

ARTICLE 19. As far as citizenship, the status of foreigners, naturalization, and the rights and obligations of foreigners are concerned, the stipulations of international treaties remain unaffected. "

CUBA.

[Enclosure 1, in despatch from Mr. Sleeper, chargé d'affaires, No. 148, August 7, 1906.Translation.]

Doctor O'Farrill to Mr. Sleeper, August 3, 1906.

No. 625.]

DEPARTMENT OF STATE AND JUSTICE,
DEPARTMENT OF STATE,
Habana, August 3, 1906.

MR. CHARGÉ D'AFFAIRES:

In reference and reply to your honor's polite communication, No. 56, of the 18th ultimo, I take pleasure in advising you, as requested, on the following points, to wit:

1. Laws relating to Cuban citizenship.

The existing law governing this matter is comprised in the following provisions, laws, and decrees:

(A) Articles 4, 5, 6, 7, and 8 and the second article of the transitory rules of the constitution of the Republic.

(B) Articles 18 to 24, inclusive, of the civil code, in so far as they are not modified by the above-cited articles of the constitution and can be applied in harmony with the political conditions existing in Cuba since the cessation of Spanish rule.

(C) Law of October 30, 1902, published in the Official Gazette of November 7, 1902.

(D) Law of November 21, 1902, published in the Official Gazette of November 27, 1902.

(E) Presidential decree No. 183, of December 15, 1902, published in the Official Gazette December 16, 1902, amended by Presidential decree No. 174, of April 21, 1905, published in the Official Gazette of April 26, 1905.

(F) Two laws of June 13, 1903, published in the Official Gazette of the same date.

2. Means by which Cuban citizenship is lost.

This question is covered by article 7 of the constitution of the Republic above cited.

a Leyes usuales vigentes (edicíon ordenada por el Señor Ministro de Gobernacion, Lic. don José Astúa Aguilar, San José, 1905), p. 5. Enclosure in despatch from Mr. Bailey, chargé d'affaires, San José, July 29, 1906.