CO885-(11-13) — Page 143

9944.

PUBLIC RECORD OFFICE

Reference :-

MY LORD,

No. 837.

(CANADA.)

(GENERAL.)

LAW OFFICERS to FOREIGN OFFICE.

We are honoured with your Lordship's commands, signified in Lord Tenterden's

Temple, July 9, 1873. letter of the 4th instant, stating that he was directed by your Lordship to transmit to us the accompanying correspondence relative to the desire of the Marquise de Seravalle, a natural born British subject, and now widow of a foreigner, to recover her British nationality, and your Lordship would be glad if we would take the case into considera- tion, and inform you whether we concurred in the interpretation placed in the Home Office letter of 26th May on the 10th section of the Act 33 Vict. c. 14., viz., that a woman being a natural born British subject retains her status as a British subject, if after having been married to an alien she becomes a widow before the passing of the Act, but is to be deemed a "statutory alien" if she becomes a widow after the passing of the Act.

In obedience to your Lordship's commands we have the honour to

Report

That we are unable to concur in the interpretation placed in the Home Office letter of the 26th May on the 10th section of 33 Vict. c. 14.

In our opinion every woman being a natural born British subject who had become

an alien in consequence of her marriage, and had become a widow, but done no act to recover her British nationality at the time of the passing of the 33 Vict. c. 14. must be deemed a statutory alien, and no distinction can be made from the circumstance of

her husband dying before or since the passing of the 33 Vict. c. 14.

We have, &c. (Signed)

J. D. COLERIDGE. G. JESSEL.

J. PARKER DEANE.

16278.-946. 25.-5/86.

C.O. 885

11 PUBLIC RECORD OFFICE, LONDON

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