9944.
MY LORD,
No. 847.
† (CANADA.)
(GENERAL.)
LAW OFFICERS to FOREIGN OFFICE.
We are honoured with your Lordship's commands, signified in Mr. Hammond's
Temple, August 16, 1873. letter of the 7th instant, stating that he was directed by your Lordship to transmit to us, together with the previous papers, the accompanying letter from the Home Office enclosing a memorandum commenting on our report of the 9th ultimo,* respecting the case of the Marquise de Seravalle, a natural born British subject who having married an alien previously to the passing of the Naturalisation Act of 1870, and become a widow, now seeks re-admission to British nationality, and he (Mr. Hammond) was to request us to take the same into consideration and favour your Lordship with. our opinion thereupon.
And that he was to add that it appeared to your Lordship that in considering this case regard should be had to the 6th as well as to the 10th section of the Act.
In obedience to your Lordship's commands we have the honour to
Report
That we have carefully considered the memorandum from the Home Office, and are unable to agree with the conclusion there reached.
The 7 & 8 Vict. c. 66. s. 16 enacted that a foreign woman by marrying a British subject acquired the nationality of her husband (see M. Manning's case, 19 L.J., N.S., M.C. 1).
By the laws of most foreign countries a womant by marriage acquired not only the domicile but the nationality of her husband, became, as we think, "voluntarily natura- lised" in the State of which her husband was a subject, and, in the words of 33 Vict. c. 14. s. 6, ceased to be a British subject, and was to be regarded as an alien.
This change of condition might by the same section be effected by an Act; in the case before us by marriage before or after the passing of the Act.
The Act had in this sense a retrospective effect.
The married woman became (see section 8) a statutory alien.
Subsection 1 of section 10 must be construed in connexion with section 6, and not
as a separate and independent section.
We are, therefore, still of opinion that a woman, a British subject, who married an alien before the Naturalisation Act, 1870, lost her British nationality and became an alien according to British law.
We have, &c. (Signed)
J. D. COLERIDGE. G. JESSEL.
J. PARKER DEANE.
• No. 837.
† Sic; words apparently omitted.
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