CO885-(11-13) — Page 518

PUBLIC RECORD

OFFICE

Reference :-

mwimmin

TREETCO.

885

12 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

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Under these circumstances we think that the title of Great Britain to the island in question may well be sustained, though we cannot say that the matter is free from doubt.

If the boundary negotiations be still going on, sufficient doubt exists to render it expedient to close the matter definitely, one way or the other, if the opportunity presents itself for so doing.

The Earl Granville, K.G.,

&c.

&c.

We have, &c.

(Signed)

HENRY JAMES. FARRER HERSCHELL. J. PARKER DEANE.

•

2237.

MY LORD,

No. 246.

(GIBRALTAR.)

LAW OFFICERS to COLONIAL OFFICE.

We are honoured with your Lordship's commands, signified in Mr. Wingfield's

Temple, 8th February 1881. letter of the 15th ultimo, stating that he was directed by your Lordship to transmit to us for our consideration a copy of a despatch from the Governor of Gibraltar, enclosing a memorial from Mr. Lewes Culatto, praying that his sister Mrs. Levrero, who was a native of Gibraltar, but was married to an Italian resident in Gibraltar on a special temporary permit, might not be included in the permit granted to her husband, and that the memorialist might be reimbursed the amount of a fine inflicted upon him, as the person on whose application Mr. Levrero was permitted to be in Gibraltar, by reason of Mrs. Levrero having been delivered of a child in that city.

2. That according to the statement in the memorial, Mrs. Levrero had been allowed to reside in Gibraltar without a permit from the time of her marriage in 1859 until June last, when her husband having applied for a restoration of his permit, which had ̧ been withdrawn in consequence of her having been delivered of a child, the Governor made it a condition of such restoration that Mrs. Levrero should be included in the permit as the wife of an alien, and herself a “statutory alien.”

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3. That the Aliens Order in Council, Gibraltar, 1873, a copy of which was enclosed for reference, prohibited aliens from remaining in Gibraltar without a permit, and by the 2nd clause, the word " alien is to be construed as including a statutory alien. That Schedule B, which by the 57th clause is made part of the Order, specified among the persons to whom a permit might be granted the wife of an alien in the garrison,"

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and that a note was added to the effect that such wife was to be included in her husband's permit.

4. That it would be seen that the Attorney (General), Gibraltar, was of opinion that by the effect of the Naturalization Act, 1870, s. 10., Mrs. Levrero, although married before the passing of that Act, ceased to be a British subject and became a statutory alien.

5. That the memorialist on the other hand contended (1) that s. 10. of the Naturaliza- tion Act, 1870, did not apply to a woman married before the passing of the Act, and (2) that the Act did not apply to the Colonies, and that Mrs. Levrero was therefore not an alien, and was entitled to reside in Gibraltar without a permit.

6. That Mr. Wingfield was to request that we would be good enough to favour your Lordship with our opinion on the following questions :—

1. Whether s. 10 (1) of the Naturalization Act, 1870, applies to a woman married

before the passing of the Act.

2. Whether the Act is in force in Gibraltar.

3. Whether a woman, being by birth a British subject and married to an alien before the passing of the Naturalization Act, 1870, is an alien within the meaning of the Aliens Order in Council, Gibraltar, 1873.

4. Whether such a woman as described in question 3 is entitled to reside in

Gibraltar without a permit.

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

Report

That we are of opinion that s. 10 (1) of the Naturalization Act, 1870, applies to a woman married before the passing of the Act. It seems clear from s. 3. of the 35 & 36 Vict. c. 39, that this is the case.

2. We think the Act is in force in Gibraltar.

3 and 4. In our opinion such a woman is an alien within the meaning of the Order in Council. Gibraltar, 1873, and is not entitled to reside in Gibraltar without a permit.

The Right Hon. the Earl of Kimberley,

&c.

&c.

&c.

We have, &c..

(Signed)

HENRY JAMES. FARRER HERSCHELL.

J. PARKER DEANE.

12916.--229. 95.-12/84.

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