Slike strani
PDF
ePub

CHAPTER V.-Temporary provisions.

ART. 1. Aliens who have acquired real estate, who have had children born to them in Mexico, or who have held any public office, being those referred to in sections X, XI, and XII of article 1 of this law, are bound to declare within six months after the promulgation of this law, provided they have not done so previously, to the civil authorities of their place of residence whether they wish to acquire Mexican citizenship or to retain their own. In the former case they must immediately ask for their certificate of naturalization in the form prescribed in article 19 of this law. If they fail to make the declaration in question, they shall be considered Mexicans, except in those cases where there has been an official declaration on this point. ART. 2. Colonists residing in the country, being those referred to in the last sentence of article 28 of this law, shall declare in the manner prescribed by the preceding article under what nationality they wish to be classed, and if it should be the Mexican, they shall also ask for their certificate of naturalization, as prescribed by the preceding article.

ART. 3. The Executive, in issuing the necessary regulations for the execution of this law, shall be careful to give the proper directions in order that the local authorities, so far as they are concerned, may duly execute it.

[Signed]

Signed

[Signed]

[Signed]

JUAN JOSÉ Baz, Deputy, President.

PEDRO SANCHEZ CASTRO, Senator, President.
ROBERTO NUÑEZ, Deputy, Secretary.
GILDARDO GÓMEZ, Senator, Secretary.

Wherefore, I order it to be printed, published, circulated, and duly executed.

Given in the national palace of Mexico, May 28, 1886.

To Citizen IGNACIO MARISCAL,

Secretary of State and of the

PORFIRIO DIAZ.

Department of Foreign Relations.

In communicating it to you for your information and for the necessary purposes, I assure you of

my great consideration.

MARISCAL.

MOROCCO.

Mr. Philip, chargé d'affaires, to Mr. Root, Secretary of State, August

3, 1906.

[blocks in formation]

There are, strictly speaking, no Moroccan laws relating to citizenship of Moorish subjects in Morocco. The fundamental laws of this non-Christian country are based entirely upon the Islamitic code, no part of which treats of the subject of citizenship.

There are, however, numerous treaties and conventions between the various Christian countries and the Moorish Empire, by means of which citizenship in this country is defined; but, as I understand, from the above-acknowledged instructions, that it is not the desire of the Department to call for a report upon such lines, I will therefore confine these remarks to general conditions existing, which may possibly be of some use in connection with the information desired.

(1) Citizenship in Morocco may be said to be governed by the laws pertaining to the same in other countries, with the exception that all persons residing in Morocco who can not prove foreign citizenship or protection are considered ipso jure as Moorish subjects.

(2 and 3) Moorish subjects lost their nationality only by becoming naturalized in, or protected by, another country having treaty relations with the Moorish Empire.

It was established by the Convention of Madrid, concluded July 3, 1880, as follows:

ARTICLE XV.

Any subject of Morocco who has been naturalized in a foreign country, and who shall return to Morocco, shall, after having remained for a length of time equal to that which shall have been regularly necessary for him to obtain such naturalization, choose between entire submission to the laws of the Empire and the obligation to quit Morocco, unless it shall be proved that his naturalization in a foreign country was obtained with the consent of the Government of Morocco.

Foreign naturalization heretofore acquired by subjects of Morocco according to the rules established by the laws of each country, shall be continued to hetm as regards all its effects without any restriction.

The above ruling has never yet been acted upon, and should this at any time be contemplated seriously, a large number of naturalized people, American and others, residing in Morocco, would be affected thereby.

(4 and 5) Residence in foreign parts does not affect the nationality of Moorish subjects, and the Moorish Government has no means of protecting its subjects permanently residing in other countries, with the exception of a so-called Moorish consul at Gibraltar and a Moorish agent at Cairo, Egypt.

I am, etc.,

HOFFMAN PHILIP.

NETHERLANDS.

[Enclosures in despatch from Mr. Hill, minister to the Netherlands, August 31, 1906.]

[Translation.]

LAW OF DECEMBER 12, 1892, REGARDING NETHERLANDS CITIZENSHIP AND RESIDENTSHIP.

[Official Gazette No. 268.]

In the name of Her Majesty Wilhelmina, by God's grace Queen of We, Emma, Queen Dowager, Regent of the Kingdom, make known the Netherlands, Princess of Orange-Nassau, etc.

to all whom it may concern, that:

Having taken into consideration that it is desirable to establish some general provisions concerning Netherlands nationality in sub

stitution for the title of the civil code entitled "On Netherlanders and foreigners," as well as for the law of July 28, 1850 (Official Gazette No. 44), modified by that of May 3, 1851 (Official Gazette No. 46), and that, in accordance with article 6 of the fundamental law, it is necessary to determine by a law who is to be characterized as a resident, while the results of naturalization with regard to the wife and the minor children of the person naturalized also need to be regulated by a law, we have,

For these reasons, with the consent of the Council of State and in common accord with the states-general, established and do establish the following:

ARTICLE 1.

The following are Netherlanders by birth:

(a) The legitimate child, the legitimated child, or the natural child acknowledged by the father, whose father is of Netherlands nationality at the time of birth.

(b) The legitimate child of a Netherlander who has died within the period of 300 days before the birth of the child.

(c) The natural child acknowledged only by the mother, whose mother is of Netherlands nationality at the time of birth.

(d) The natural child born within the Kingdom and who is not acknowledged by either the father or the mother.

ARTICLE 2.

The following are likewise Netherlanders:

(a) The child of a resident who, whether father or mother, according to the distinctions made in article 1, was born himself or herself of a mother residing in the Kingdom, unless it is ascertained that the child, as a foreigner, belongs to some other country.

(b) The child found or abandoned in the Kingdom, as long as his filiation, either as legitimate or legitimated child, or as an acknowledged natural child, shall not have been ascertained.

ARTICLE 3.

Netherlands citizenship by naturalization is acquired by virtue of the going into force of the law which grants it.

For every naturalization the sum of 100 florins is due the public treasury.

The applicant for naturalization must accompany his application with certificate:

1. That he has attained his majority according to the Netherlands law.

2. That he has lost his Netherlands nationality or that he has during the last five years had his residence or his principal stopping place in the Kingdom or its colonies or possessions in other parts of the world.

3. That he has paid the sum of 100 florins to a receiver of the fees for registration.

In case the applicant belongs to another country, he may be obliged to furnish proof that the laws of such country place no obstacle in the way of naturalization in the Netherlands.

In case the naturalization is not granted the sum deposited is returned to the applicant.

ARTICLE 4.

Naturalization may also be granted for reasons of state, in which case article 3 is not applicable.

The law by which it is granted regulates the conditions attached to such naturalization in each special case.

ARTICLE 5.

The wife follows the status of her husband during marriage. No application for naturalization can be made by a married woman. The naturalization granted to the husband extends ipse jure to his wife.

Article 8 or 9 is applicable in case of dissolution of the marriage.

ARTICLE 6.

The legitimate or legitimated child of a father naturalized as a Netherlander and born before the naturalization of the latter, as well as the natural child acknowledged by a father naturalized as a Netherlander and born before the naturalization of the latter, is considered as being naturalized with him and preserves Netherlands nationality until, having become of age according to the Netherlands law, he declares, within one year after the attainment of his majority, to the mayor or local magistrate of his last place of residence in the Kingdom or its colonies or possessions in other parts of the world, or else to the envoy of the Netherlands or a Netherlands consular officer, that he does not intend to retain his naturalization any longer.

The same provision is applicable to a legitimate or legitimated child whose mother is naturalized after becoming a widow, as also to a natural child acknowledged by the mother only and born before the latter's naturalization.

ARTICLE 7.

Netherlands nationality is lost

1. By naturalization in another country or, in the case of a minor, by the acquisition of foreign nationality in consequence of the naturalization of the father and mother in another country, in accordance with the distinctions made in article 1.

2. By the marriage of a Netherlands woman who, by or in consequence of her marriage, becomes a foreigner by virtue of article 5. 3. By the voluntary acquisition of a foreign nationality.

4. By the entrance into the military or civil service of a foreign government without our authorization.

5. By the establishment of residence (except in the service of the nation) outside the Kingdom or its colonies or possessions in other parts of the world during ten consecutive years, unless before the expiration of this period the absentee declares his intention to remain a Netherlander to the mayor or local magistrate of his last place of residence-in the Kingdom or its colonies or possessions in other parts

of the world, or else to the envoy of the Netherlands or a Netherlands consular officer in the country where he resides.

From the day on which this declaration has been received the period of ten years begins to elapse anew. In the case of minors the period of ten years begins on the day they have attained their majority, in accordance with the Netherlands law.

ARTICLE 8.

A woman who has lost her Netherlands nationality by or in consequence of her marriage recovers said nationality by the dissolution of the marriage, provided within one year from such dissolution she declares her intention to recover it to the mayor or local magistrate of her place of residence in the Kingdom or its colonies or possesions in other parts of the world, or else to the envoy of the Netherlands or a Netherlands consular officer in the country where she resides.

ARTICLE 9.

A woman who has acquired Netherlands nationality by or in consequence of her marriage preserves such nationality after the dissolution of the marriage unless, within a year after such dissolution, she declares her intention not to preserve it to the mayor or chief local magistrate at her last place of residence in the kingdom or its colonies or possessions in other parts of the world or else to the envoy of the Netherlands or a Netherlands consular officer in the country where she resides.

ARTICLE 10.

A legitimate child, legitimated child, or natural child acknowledged by a Netherlander, born before the naturalization of its father in another country, and who in consequence of this naturalization has also lost Netherlands nationality, recovers such nationality provided it declares, upon becoming of age according to the Netherlands law and within one year after becoming of age, its intention of recovering such nationality to the mayor or chief local authority of its place of residence in the Kingdom or its colonies or possessions in other parts of the world or else to the envoy of the Netherlands or a Netherlands consular officer in the country where it resides.

The same provision is applicable to a legitimate or legitimated child whose mother, having become a widow, is naturalized in another country as well as to a natural child acknowledged only by its mother if the latter has been naturalized in another country.

ARTICLE 11..

Once a year the minister of justice causes to be published in the Official Gazette of the Kingdom the declarations made in accordance with the present law by persons residing abroad.

ARTICLE 12.

All those who do not possess Netherlands nationality according to the present law are foreigners.

« PrejšnjaNaprej »