consistent with principle to provide that when a widow ceases to be a British subject, by reason of her marriage with an alien, her infant children should also cease to be British subjects, but should be entitled to resume British nationality by a declaration to be made within one year after coming of age. 60. We have to acknowledge the very valuable services of our secretary, Mr. Wheeler, especially in collecting and arranging the voluminous materials which it has been necessary for us to consider. SUMMARY OF RECOMMENDATIONS. 1. We recommend that the existing statute law relating to the acquisition and loss of British nationality should be consolidated, and that the statutes 25 Edw. III, Stat. 2; 7 Anne, c. 5, s. 3; 12 and 13 Will. III, c. 2 (part); 4 Geo. II, c. 21, s. 1; 13 Geo. III, c. 21; 33 Vict., c. 14; 33 and 34 Vict., c. 102; 35 and 36 Vict., c. 39; 58 and 59 Vict., c. 43, should be repealed. 2. We recommend that the existing law as to acquisition of British nationality by parentage should be reenacted in a simpler form, with this exception, that where the father was born out of His Majesty's dominions a child also born out of such dominions should not be a British subject. We also recommend that the law as to birth on board a British ship should be declared as stated in paragraph 12 of this report. 3. We recommend that provision should be made by legislation enabling a secretary of state or the governor of a British possession to confer the status of a British subject upon persons who fulfil the requisite conditions in any part of the British dominions, and that the status so conferred should be recognised by British law everywhere, both within and without His Majesty's dominions. This provision should be without prejudice to the power of the legislature of any British possession to provide for the conferring upon any persons, under such conditions as it might see fit, the whole or any of the rights of British subjects within its own territory. 4. We recommend that the conditions necessary for the acquisition and loss of the status of a British subject should remain as at present, with the modifications as to residence, revocability of certificate, and otherwise, mentioned in detail in the report. 5. We recommend that the law as to the acquisition and loss of the status of a British subject by persons under disability should be simplified and modified in the manner stated in detail in the report. We have the honour to be, sir, your obedient servants, W. WHEELER, Secretary. KENELM E. DIGBY. • Subject to this, that I am not satisfied that what is suggested at the end of par. 45 is sufficient to get rid of the ambiguities arising from the present law. See my note of the 16th July, 1901, appended. D. F. P. NOTE BY SIR DENNIS FITZPATRICK. Section 6 of the naturalization act, 1870, provides that a British subject who has "voluntarily become naturalized" in a foreign state shall cease to be a British subject. This provision is clear enough, and right enough, in so far as it applies to cases in which a British subject applies to a foreign state for what may be called "naturalization in solemn form," or in which, as, e. g., under the first clause of article 9 of the amended French code, he resorts to some other official procedure for the purpose of acquiring a foreign nationality. But suppose a British subject, mainly with a view to his own comfort or happiness, or advancement, takes, in a foreign country, some action, having in itself no relation whatever to the acquisition of a national character, as, e. g., if he sets up some sort of business there, or acquires some sort of property there, or marries a woman of the country, or if he merely resides there for a certain time; and suppose the law of that country chooses, thereupon, ipso facto, to confer or impose upon him its nationality, either absolutely, or unless he has taken some step to ward off this result. In regard to such a case two questions present themselves, viz: First, are we to hold that that British subject has "voluntarily become naturalized" within the meaning of section 6 of our act? and, second, if we are, ought that section to be allowed to stand as it is without some amendment? As to the former question, the answer to it, we have been advised, is in the affirmative, provided the British subject had actual notice of the foreign law; otherwise in the negative. As to the latter question, assuming, as we are bound to do, that the answer to the former question is correct, I think that the law stands in need of amendment. To say nothing of the awkwardness of making the retention or loss of a man's British national character dependent on the state of his knowledge at a certain point of time, it seems to me that, even if the British subject concerned has notice of the foreign law, it is, under the circumstances, a very harsh thing to deprive him of his British nationality. I may observe that the peculiar provisions of the foreign laws to which I refer have been condemned, both as offending against the principle that a man should not be invested with a new national character unless he actually applies for or accepts it, and also as laying a trap for the unwary. But it is open to every state to enact such laws if it thinks fit, and if one of our subjects thoughtlessly brings himself within the operation of such a law, he must forfeit all claim to our protection so long as he remains within the limits of the state of which he has thus become a subject. This is the necessary consequence of his thoughtlessness, and he must accept it; but it is not a necessary consequence that he should be deprived of his British nationality. No doubt if he retains it we have the awkward result of a double nationality, but I do not think that is, under the circumstances, a sufficiently strong reason for depriving a See Cogordan, pp. 117-118, and Hall, Foreign Jurisdiction, pp. 46 and 47. See also Calvo, § 644. him of his British nationality. The position was discussed in an article by M. Robinet de Clery in the year 1875 with reference to provisions of the Code Civil as they then stood, and it was further discussed in 1886 in the debates on the amending law which was passed in 1889. The view taken was that the acquisition by a French subject of a foreign nationality otherwise than by naturalization in solemn form should not entail the loss of his French nationality unless he had either applied for or accepted that foreign nationality; and in the law of 1889 it was provided (art. 17, cl. 1) that the acquisition by him of a foreign nationality "par l'effet de la loi" (as distinguished from its acquisition by naturalization in solemn form) should not have this effect except where he obtained the foreign nationality on his own application (sur sa demande)." I would suggest that, following pretty closely this example, there should be substituted for the present provision of section 6 a clause to the effect that a British subject should cease to be such if he, not being under any disability, acquired the nationality of a foreign State in pursuance of an official procedure established for that purpose, and in the course of which he applied for or accepted that nationality. This would provide for all ordinary cases that it seems desirable to hit, but there would remain two exceptional cases for consideration. The first is the case of a Britsh subject acquiring the nationality of a foreign state ipso facto by accepting service under the government of that state. I think it should be provided that such a man should cease to be a British subject unless he had accepted such service with the previous consent of the British Government. The second case is the rare one of a British subject having the nationality of a foreign state conferred on him personally, say, in recognition of eminent services, by a special grant of the legislature or other authority in that state which, so far as could be seen, would seem to have been made spontaneously and without any sort of application or acceptance on his part. If it is thought necessary to provide for this case it would probably be best to enact that the person so naturalized should cease to be a British subject on the expiration of one month from the date of the naturalization, unless within that time he sent to the proper authority of the foreign state a protest against the naturalization or the British Government assented to the naturalization. 16th JULY, 1901. D. FITZPATRICK. a Journal du droit international privé for 1875, p. 80. Weiss droit international privé, T. i., pp. 450-452. See Weiss, op. cit., pp. 446, 447. THE COMMONWEALTH OF AUSTRALIA. Mr. Bray, consul-general, Melbourne, Australia, to the Assistant Secretary of State, September 1, 1906. AMERICAN CONSULATE-GENERAL, Melbourne, Australia, September 1, 1906. SIR: In reply to circular instructions, dated July 9, 1906, in regard to citizenship in foreign countries, I beg to report as to the Australian commonwealth as follows: 1. The laws relating to citizenship in Australia are contained in the following sections of the naturalization act of Great Britain, 1870, and the Australian constitution and naturalization acts: Section 16 of the naturalization act, 1870 (Great Britain and Ireland), reads: All laws, statutes, and ordinances which may be duly made by the legislature of any British possession for imparting to any person the privileges or any of the privileges of naturalization to be enjoyed by such person within the limits of such possession shall within such limits have the authority of law, but shall be subject to be confirmed or disallowed by Her Majesty in the same manner and subject to the same rules in, and subject to which Her Majesty has power to confirm or disallow any other laws, statutes, or ordinances in that possession. Section 51 (XIX) of the Commonwealth of Australia constitution act is as follows: The Parliament shall, subject to this constitution, have power to make laws for the peace, order, and good government of the commonwealth, with respect to ** * * naturalization and aliens. A copy of the naturalization act, dated October 13, 1903, which was enacted pursuant to that power, is forwarded herewith. Section 117 of the Australian constitution act, which also has a bearing on the matter, is as follows: A subject of the Queen, resident in any state, shall not be subject in any other state to any disability or discrimination which would not be equally applicable to him if he were a subject of the Queen resident in any other state. 2. The only provision applicable to the means by which citizenship in Australia is lost is section 11 of the naturalization act referred to above. 3. There is no Australian law in regard to the renunciation and reacquisition of citizenship. 4. Australian citizenship is not affected by residence in foreign parts. 5. As Australian citizens are British subjects, the duty of protecting them abroad is performed by the foreign representatives of the British Government. JOHN P. BRAY, Consul-General. [Enclosure.] AN ACT RELATING TO NATURALIZATION. [Assented to 13th October, 1903.] Be it enacted by the King's Most Excellent Majesty, the Senate and the House of Representatives of the Commonwealth of Australia, as follows: 1. This act may be cited as the naturalization act, 1903. 2. This act shall commence on a day to be fixed by proclamation." [a Proclaimed to commence January 1, 1904.] 3. In this act, unless the contrary intention appears 66 "British subject" means a natural-born British subject or a naturalized person. Certificate of naturalization" means a certificate of naturalization granted under this act, and being at the time when it is relied upon in connection with any provision of this act unrevoked. "Justice of the peace" means a justice of the peace of the commonwealth or of a State. "Naturalized" means naturalized under this act. 66 Statutory declaration" means a statutory declaration within the meaning of any law of the commonwealth, or of the State in which the declaration is made relating to statutory declarations. 66 'The minister" means the minister for external affairs. 4. A person who has before the passage of this act obtained in a State or in a colony which has become a State a certificate of naturalization or letters of naturalization shall be deemed to be naturalized. 5. A person resident in the commonwealth, not being a British subject, and not being an aboriginal native of Asia, Africa, or the islands of the Pacific, excepting New Zealand, who intends to settle in the commonwealth, and who (a) has resided in Australia continuously for two years immediately preceding the application; or (b) has obtained in the United Kingdom a certificate of naturalization or letters of naturalization, may apply to the governor-general for a certificate of naturalization. 6. (1) An applicant under paragraph (a) of the preceding section shall produce in support of his application (a) his own statutory declaration stating his name, age, birthplace, occupation, and residence, the length of his residence in Australia, and that he intends to settle in the commonwealth; and (b) a certificate signed by a justice of the peace, a postmaster, a teacher of a state school, or an officer of police that the applicant is known to him and is a person of good repute. (2) An applicant under paragraph (b) of the preceding section shall produce in support of his application— (a) His certificate or letters of naturalization; and (b) His own statutory declaration that he is the person named in the certificate or letters that he obtained the certificate or letters without any fraud or intentional false statement that the signature and the seal (if any) thereto are, to the best of his knowledge and belief, genuine, and that he intends to settle in the commonwealth. 7. The governor-general in council, if satisfied with the evidence adduced, shall consider the application, and may, with or without assigning any reason, in his discretion grant or withhold a certificate of naturalization, as he thinks most conducive to the public good. Provided that in the case of an applicant who has not obtained in the United Kingdom a certificate of naturalization or letters of naturalization the governorgeneral shall not issue the certificate until he has received from the applicant the certificate of a justice of the high court or a judge of a court of a State, or a police stipendiary or special magistrate, that the applicant has before him taken an oath or affirmation of allegiance in the form in the schedule to the constitution. 8. A person to whom a certificate of naturalization is granted shall in the commonwealth be entitled to all political and other rights, powers, and privileges and be subject to all obligations to which a natural-born British subject is entitled or subject in the commonwealth. Provided that where by any provision of the constitution or of any act or State constitution or act a distinction is made between the rights, powers, or privileges of natural-born British subjects and those of persons naturalized in the commonwealth or in a state, the rights, powers, and privileges conferred by this section shall for the purposes of that provision be only those (if any) to which persons so naturalized are therein expressed to be entitled. 9. A woman who, not being a British subject, marries a British subject, shall in the commonwealth be deemed to be thereby naturalized and have the same rights, powers, and privileges, and be subject to the same obligations as a person who has obtained a certificate of naturalization. 10. An infant, not being a natural-born British subject (a) whose father or whose mother (being a widow or divorced) has obtained a certificate of naturalization; or (b) whose mother is married to a natural-born British subject or to a person who has obtained a certificate of naturalization, and who has at |