ART. 10. Expatriation and consequent naturalization obtained in a foreign country do not exempt a criminal from the extradition, trial, and punishment to which he is subject according to treaties, international practice, and the laws of the nation.

ART. 11. No Honduranean shall become exempt from the duties imposed on him by the constitution and the laws, even though he may have acquired foreign nationality, as long as he has his domicile in the Republic.

ART. 12. Persons naturalized in Honduras shall, even though they happen to be in a foreign country, be entitled to the same protection as Honduraneans by birth, both in regard to their persons and their property.

ART. 13. The Government of the Republic shall, in order to protect Honduraneans residing abroad, employ the procedures and the means established in treaties, and failing the latter, the principles of international law shall be observed.

CHAPTER III.-Naturalization.

ART. 14. Any foreigner may acquire Honduranean citizenship by obtaining naturalization papers from Congress, or from the Executive when Congress is not in session.

ART. 15. A foreigner who desires to become naturalized shall make an application in writing, either himself or through a duly authorized representative, stating that he renounces all subjection, obedience, and fidelity to any other government, and especially to that of the country of which he has been a citizen, as well as all protection beyond that of the laws and authorities of Honduras, and every right which treaties or international law grant to foreigners, besides making a solemn promise to follow and obey the laws and the authorities.

ART. 16. The following are considered to be naturalized in Honduras:

1. Spanish-Americans who have resided one year in the country and declare their desire to become naturalized therein before the civil governor of the department in which they reside.

2. Other foreigners who have resided two years in the Republic and declare their intention to become naturalized therein before the authority mentioned in the foregoing number, and who have fulfilled the requirements of article 2 of this chapter.

ART. 17. Naturalization papers shall not be granted to the subjects or citizens of a nation with which the Republic is at war.

ART. 18. Neither shall they be granted to persons reputed and judicially declared in other countries to be pirates, slave traders, incendiaries, or counterfeiters of coin, bank notes, or other paper used as money, nor to assassins, kidnapers and robbers.

Naturalization obtained fraudulently by a foreigner in violation of the law shall be ipso jure null and void.

ART. 19. Naturalization papers or certificates shall be issued gratuitously, it being unpermissible to collect any fee for them under any pretext.

ART. 20. The naturalization of a foreigner in Honduras becomes effective from the day following that on which the conditions imposed by the law for acquiring it have been fulfilled.

Rights which have become perfect or which were acquired in the original country shall be governed by the laws of the latter, but rights which are in expectancy shall be governed by the laws of Honduras.

[Enclosures in despatch from Mr. Hitt, chargé d'affaires, November 6, 1906.]

THE FOREIGN OFFICE TO THE EMBASSY, OCTOBER 6, 1906.

No. 54412-82.]

[Translation.]

MINISTRY FOR FOREIGN AFFAIRS,
Rome, October 6, 1906.

In reply to the note verbale of August 13 last, the ministry of foreign affairs can not better answer the various questions asked by the embassy of the United States than by stating that everything regarding the acquisition, loss, and recovery of citizenship is expressly regulated by articles 4 to 15 of the Italian civil code, a copy of which is herewith inclosed.

Moreover, articles 35 and 36 of the recent emigration law of January 31, 1901 (No. 23), has modified some of the provisions of the above-mentioned code which concern citizenship, while everything relating to the conferring of citizenship has been modified by the law of May 17, 1906. A copy of this law and of the articles referred to is also inclosed herewith.

Concerning the inquiry as to the means employed by the Italian Government for the protection of its citizens residing permanently abroad, the ministry of foreign affairs begs leave to state that the protection of such persons and their interests is intrusted to the royal diplomatic and consular representatives, whose duties and privileges are regulated by the international conventions concluded with the country in which they reside, by the consular law of January 28, 1886 (No. 2804), and by the regulations on the subject of June 7, 1886 (No. 2996).

CIVIL CODE.

[Translation.]

ART. 4. A child whose father is a citizen is a citizen.

ART. 5. If the father has lost his citizenship before the birth of the child, the latter is considered a citizen if he was born in the Kingdom and has his residence there.

He may, however, within a year after attaining his majority according to the laws of the Kingdom, elect foreign nationality by making a declaration to this effect before the registrar of civil status of his place of residence, or, if he is in a foreign country, before the Italian diplomatic or consular officer.

ART. 6. A child born in a foreign country of a father who had lost his citizenship before the child's birth is considered a foreigner.

He may, however, elect citizenship provided he makes a declaration to this effect in accordance with the foregoing article and establishes his domicile * * in the Kingdom within a year after making the declaration.

However, if he has accepted a public office in the Kingdom, or has served or is serving in the army or navy, or has otherwise satisfied the requirements of the military service without claiming exemption as a foreigner, he shall be considered a citizen without any further requisite.

ART. 7. A child born of a mother who is a citizen, and whose father is unknown, is a citizen.

If the mother has lost her citizenship before the birth of the child, the provisions of the two foregoing articles shall not apply to the latter.

A child born in the Kingdom whose mother is also unknown is a citizen.

ART. 8. A child born in the Kingdom of a foreigner who has had his domicile there for ten years uninterruptedly is considered a citizen, but residence for purposes of commerce is not sufficient to establish domicile.

He may, however, elect foreign nationality by making a declaration to that effect at the time and in the manner established in article 5.

If the foreigner has not had his domicile in the Kingdom for ten years the child is considered a foreigner, but the last two paragraphs of article 6 shall be applicable to him.

ART. 9. A foreign woman who marries a citizen acquires citizenship and retains it even if she becomes a widow.

ART. 10. Citizenship may be acquired by a foreigner also through naturalization granted by law or by royal decree.

The royal decree shall not take effect unless recorded by the registrar of civil status of the place where the foreigner intends to establish or has established his domicile, and unless he takes an oath before the said officer that he will be loyal to the King and observe the constitution and the laws of the Kingdom.

The decree must be recorded within six months after its issue, otherwise it becomes void.

The wife and minor children of a foreigner who has acquired citizenship become citizens provided they have also established their residence in the Kingdom; however, the children may elect foreign nationality by making a declaration to that effect according to article 5.

ART. 11. Citizenship is lost by the following persons:

1. He who renounces it by so declaring before the registrar of civil status of his own domicile, and who transfers his residence to a foreign country.

2. He who has acquired citizenship in a foreign country.

3. He who accepts employment from a foreign government without permission of his own, or who enters the military service of a foreign power.

The wife and minor children of one who has lost his citizenship becomes foreigners, unless they have continued to maintain their residence in the Kingdom.

Nevertheless, they may recover their citizenship in the cases and in the manners set forth in the second paragraph of article 14, as

regards the wife, and in the last two paragraphs of article 6, as regards the children.

ART. 12. The loss of citizenship in the cases mentioned in the foregoing article does not work exemption from the obligations of the military service, nor from the penalties imposed on those who bear arms against their country.

ART. 13. A citizen who has lost his citizenship through any of the causes set forth in article 11 may recover it provided he

1. Returns to the Kingdom by special permission of the Government;

2. Renounces his foreign citizenship or the employment or appointment in the military service which he has accepted in a foreign country; or

3. Declares before the registrar of civil status that he intends to establish, and actually establishes, his domicile in the Kingdom within a year.

ART. 14. A woman who, being a citizen, marries a foreigner, becomes a foreigner provided she acquires the citizenship of her husband by virtue of the marriage.

If she becomes a widow she may recover her citizenship by residing in the Kingdom or returning thereto, and declaring in both cases before the registrar of civil status that she intends to establish her domicile therein.

ART. 15. The acquisition and recovery of citizenship in the cases hereinabove set forth shall have effect only from the day following that on which the conditions and formalities prescribed were fulfilled.

ARTICLES 35 AND 36 OF THE LAW OF JANUARY 31, 1901, ON EMIGRATION.

[Translation.]

ARTICLE 35.

Subdivision 3 of the first paragraph of article 11 of the civil code is abrogated.

ARTICLE 36.

Italian citizenship, including the acquisition and exercise of the political rights enjoyed by citizens, may be granted by decree of the ministry of the interior in concurrence with the ministry of foreign affairs to a person who, having been born in the Kingdom or abroad, has become a foreigner by reason of being a minor child of a father who has lost his citizenship or who, having been born in the Kingdom or abroad of a father who has lost his citizenship prior to his (the child's) birth, has not, according to articles 5, 6, and 11 of the civil code, declared within a year after becoming of age that he wishes to become a citizen, or else has expressly elected foreign citizenship; provided such person declares his intention of establishing his domicile in the Kingdom.

LAW OF MAY 17, 1906.

[Translation.]

Victor Emanuel III, by the grace of God and by the will of the nation, King of Italy.

The Senate and the Chamber of Deputies have approved and we have sanctioned and promulgated the following:

ARTICLE 1.

Italian citizenship, including the acquisition and exercise of the political rights enjoyed by citizens, may be granted by royal decree with the consent of the council of state to a foreigner who (1) has resided six years in the Kingdom or the Italian colonies; (2) has served the Italian Government for four years, even though abroad; or (3) has had his residence in the Kingdom or the colonies during three years, if he has married a woman who was an Italian citizen or has rendered important service to Italy.

Nevertheless, a person who has acquired citizenship in the cases contemplated in the present article shall not be eligible to membership in either of the legislative chambers until six years have elapsed since the date of the decree granting it.

The conditions prescribed in the second and third paragraphs of article 10 of the civil code are also applicable to citizenship granted in accordance with the present article.

ARTICLE 2.

No change is made in the previous laws concerning the granting of citizenship by royal decree, including the full enjoyment of political rights, to Italians who do not belong to the Kingdom.

Persons other than Italians who shall have acquired citizenship subsequently to the publication of the present law by virtue of a royal decree and independently of the conditions imposed by the foregoing article, may also be granted the full enjoyment of political rights by another royal decree issued with the consent of the council of state, when the conditions imposed in subdivisions 1, 2, and 3, of paragraph 1 of the same article, have been fulfilled.

In such cases the grantee shall not be eligible to membership of the two legislative chambers until six years have elapsed since the date of the second royal decree.

ARTICLE 3.

Persons other than Italians who have acquired citizenship by royal decree before the publication of the present law may also, upon application, be granted the full enjoyment of political rights, by another royal decree issued with the consent of the council of state, when the conditions imposed in subdivisions 1, 2, and 3, of the first paragraph of article 1, have been complied with.

In such case they shall not be eligible to membership in either of the two legislative chambers until three years have elapsed since the date of the last royal decree, unless they have served the Italian Government for at least ten years.