CO885-(11-13) — Page 6

12523.

No. 712.

(JAMAICA.)

LAW OFFICERS' OPINION ON NATURALISATION ACT, 1870.

Effect of Act on English Woman married to an Alien.

WE come with reluctance to the conclusion that an English woman married to an alien before the passing of the Act, and at the time of the passing of the Act, in pos- session of real estate in England is by the indirect effect of the Act, and no doubt without the intention of the Legislature, deprived of her property. This conclusion can only be avoided by interpreting the word "entitled" in section 2, sub-section III., so as to apply not to property of which a person actually had possession but only to property to the future possession of which he was entitled at the time of the passing of the Naturalisation Act, 1870. But this construction is a forced one and is not one which it is at all certain the courts would adopt. We think that the case now pointed out is a casus omissus, and that the Act should in this respect be amended.

Temple, 24th May 1871.

(Signed)

R. P. COLLIER.

J. D, COLERIDGE.

16278.-216.

25.-5'66.

PUBLIC RECORD OFFICE

Reference :-

PIEC.O. 885

11 PUBLIC RECORD OFFICE, LONDON

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