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The questions for the Law Officers to determine are:-
1. Whether 33 Vict., cap. 14, section 10 (5) applies to children of a naturalized alien born after the date of such naturalization?
If not,
2. Whether the children born out of British dominions of an alien naturalized under the Act of 1870, such children being born after the naturalization, are natural- born British subjects, naturalized British subjects, or aliens?
The cases and opinions of the Law Officers of the 13th August 1860, and 13th May 1884, above referred to, are left herewith.
A copy of Report of the Royal Commission on Naturalization is also left herewith. The Attorney and Solicitor-General are requested to favour the Secretary of State with their opinion on the case above set out.
OPINION,
In our opinion, the language of 33 & 34 Vict., cap. 14, section 10, subsection 5, although not free from obscurity, is large enough to cover, and should be held to apply to, the case of children born after, as well as those born before, naturalization. Such children if, during infancy, they become resident with the naturalized father or mother in the United Kingdom are to be deemed naturalized British subjects. If they do not become so resident they remain aliens.
Royal Courts of Justice,
July 27, 1887.
(Signed)
RICHARD E. WEBSTER. EDWARD CLARKE.
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alter or affect the status of the children of an alien born out of the Queen's dominions and before the naturalization of the parent. Such children, although infants at the date of the naturalization, are still aliens, and must obtain certificates of naturalization to entitle them to the rights and capacities of a natural-born British subject.
2. With respect to the second question, by the terms of the certificate of naturali- zation a naturalized alien does not carry with him into foreign countries the rights and capacities of a natural-born British subject (except the benefit of a British port), and, consequently, the child of such naturalized alien born in a foreign country, pass. the parent being abroad, would not answer the description of the child of a natural- born British subject.
Such child, therefore, is, in our opinion, an alien, and not a natural-born British subject.
RICHARD BETHELL. WM. ATHERTON.
Lincoln's Inn, August 13, 1860.
(Signed)
Annex.
THE LAW OFFICERS OF THE CROWN to SIR G. LEWIS.
[In reply to the following Home Office letter, the Law Officers gave, on the 13th August, 1860, their opinion as below:-]
Mr. WADDINGTON to Mr. GREENWOOD.
SIR,
Whitehall, June 8, 1860. REFERRING to the case which you laid before the Attorney and Solicitor-General, and their opinion thereon, dated the 25th November, 1859, as to the rights of the son of an alien who has received a certificate of naturalization. I am directed by Secretary Sir George Lewis to request that you will move the Attorney and Solicitor-General to
advise further--
1. Whether the children of an alien to whom a certificate of naturalization has been granted under the Act 7 & 8 Vict., cap. 66, born out of the Queen's dominions before the granting of the certificate, and under 21 years of age at the time it bears date, are entitled to the rights and capacities of a natural-born British subject, either without the exceptions set forth in the above-named Statute and in the certificate of naturali- zation, or with such exceptions.
2. What is the condition of a child born cut of Her Majesty's dominions after its father has obtained a certificate of naturalization under the above-mentioned Act? If a British subject, is it so to all intents and purposes, or do the exceptions contained in the Act of Parliament and certificate still adhere to it?
I am, &c.
(Signed) H. WADDINGTON.
The Attorney and Solicitor General are requested to advise Sir George Lewis upon the questions asked in Mr. Waddington's letter.
OPINION.
1. By the Act 7 & 8 Vict., cap. 66, section 6, it is enacted that on obtaining the certificate and taking the oath prescribed, an alien residing, &c., in Great Britain, shall enjoy all the rights and capacities which a natural-born subject of the United Kingdom can enjoy, or transmit, words which are prospective only and may give to the children of an alien born in the United Kingdom after naturalization the status of natural-born subjects; but there is nothing in the Statute or in the Law which can
PUBLIC RECORD OFFICE
C.O.885
Reference :-
13 PUBLIC RECORD OFFICE. LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH-NOT TO
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PUBLIC RECORD OFFICE
Reference :-
C.O.885
13 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH-NOT TO