4. Persons who were born in the Republics which formed a part of the United Provinces of the Rio de la Plata before their emancipation, and who have resided in the territory of the nation, provided they declare their desire to be Argentines. 5. Persons who are born on neutral seas under the Argentine flag. TITLE 2.-Citizens by naturalization. ART. 2. The following are citizens by naturalization: 1. Foreigners over eighteen years of age who reside two years continuously in the Republic and declare their desire to be such before the federal district judges. 2. Foreigners who, whatever be the period of their residence, prove before the said judges either of the following services: 1. Having honorably held offices under the nation or the provinces, within or without the Republic. 2. Having served in the army or navy or having taken part in any warlike action in the defense of the nation; 3. Having established in the country a new industry or introduced a useful invention. 4. Operating or constructing railroads in any of the provinces. 5. Forming a part of colonies already established or which may be established in future, whether in national territory or in that of the provinces, provided they possess some real estate therein. 6. Settling or peopling national territory within or without the present boundary lines. 7. Having married an Argentine woman in any one of the provinces. 8. Practicing therein the vocation of teacher in any branch of education or industry. ART. 3. The son of a naturalized citizen who was a minor at the time of the naturalization of his father and was born in a foreign country, may obtain his citizenship papers from the federal judge by virtue of having enlisted in the national guard at the period prescribed by law. ART. 4. The son of a citizen who is naturalized in a foreign country may, after the naturalization of his father, obtain his citizenship papers by coming to the Republic and enlisting in the national guard at the age prescribed by law. TITLE 3.—Procedure and requirements for obtaining citizenship papers. ART. 5. The children of native Argentines, born abroad, who choose the citizenship of origin, must prove before the proper federal judge that they are the children of Argentines. ART. 6. Foreigners who have fulfilled the conditions mentioned in the preceding articles shall obtain naturalization papers, which shall be granted them by the federal district judge to whom they have applied therefor. TITLE 4.—The political rights of Argentines. ART. 7. Argentines who have attained the age of 18 years enjoy all the political rights conferred by the constitution and the laws of the Republic. ART. 8. Political rights shall not be exercised in the Republic by persons naturalized in a foreign country, by persons who have accepted office or honors from foreign governments without the permission of congress, by fraudulent bankrupts, or by persons who have received a sentence imposing an infamous penalty or the penalty of death. ART. 9. Congress alone can grant rehabilitation to those who have lost the rights of citizenship. TITLE 5.-General provisions. ART. 10. No charge shall be made for citizenship papers or for performing any of the formalities connected with obtaining them. ART. 11. The ministry of the interior shall send to all the district judges a sufficient number of printed copies of "citizenship papers,' so that they may be issued under one and the same form. TITLE 6.-Transitory provisions. ART. 12. The children of a native-born Argentine and foreigners who are at present exercising the rights of Argentine citizenship are considered as native-born or naturalized citizens, respectively, without being subjected to any of the requirements established by this law, and having only to inscribe themselves in the National Civic Register. ART. 13. All provisions contrary to the present law are hereby repealed. ART. 14. Let the foregoing be communicated to the Executive. A true copy. AUSTRIA-HUNGARY. AUSTRIA. JUAN S. GOMEZ. GENERAL CIVIL CODE.a [Translation.] SEC. 28. The full enjoyment of civil rights is acquired by virtue of citizenship. Citizenship in these hereditary States is inherent in the children of an Austrian citizen by virtue of birth. * * * SEC. 29. Foreigners acquire Austrian citizenship by entering the public service; [by engaging in an industry the carrying on of which necessitates a regular domicile in the country;] by an uninterrupted residence of ten years in these States, provided the foreigner has not incurred punishment for any crime during this period. [NOTE.] "All citizens are equally eligible to public offices. Foreigners must acquire Austrian citizenship in order to hold such offices."-St. G. G. v. 21 Dec. 1867, Nr. 142 R. G. B., art. 3. "The provision of sec. 29, according to which foreigners acquire Austrian citizenship by engaging in an industry the carrying on of which necessitater a Edition by Dr. Joseph Baron von Schey, Vienna (1902). H. Doc. 326, 59-2-18 a regular domicil in the country is hereby abrogated."-k. Vdg. v. 27 April 1860, Nr. 108 R. G. B., sec. 1. Austrian citizenship shall be acquired by a foreigner after an uninterrupted residence of ten years "only when he has duly proven such residence to the authorities of his last place of residence, has taken the oath of allegiance before them or the proper court and has received a certificate as to this fact. However, a foreigner shall not be allowed to take this oath until the said authorities have become fully convinced that he has not only not incurred any punishment for a crime during the period mentioned, but that he has always observed a quiet and moral behavior, obeyed the laws and orders of the lwaful authorities, and never given good cause for suspicion or complaint by reason of his conduct or way of thinking."-Jhfd. v. 12, April, 1833, Nr. 2597 Y. G. S. Foreign women acquire citizenship also by marriage to an Austrian citizen.— Hfd. v. 23, Feb., 1833, Nr. 2595 Y. G. S. SEC. 30. Even without engaging in any industry or trade, and before ten years have elapsed, application for naturalization may be made to the civil authorities, who may grant it upon proof being furnished that the applicant possesses a fortune, or the ability to earn a livelihood, and is of good moral character. SEC. 31. Austrian citizenship shall not be acquired by the mere possession or temporary utilization of a rural estate, house, or land, or by the establishment of a business or factory, or the participation in either, without personal residence in the territory of these States. HUNGARY. Law (L of the year 1879) relating to the acquisition and loss of Hungarian nationality. [Translation. ] " a § 1. The nationality is one and the same in all the countries of the Hungarian Crown. ACQUISITION OF NATIONALITY. § 2. Hungarian nationality can only be acquired— (1) By descent. (2) By legitimation (per subsequens matrimonium). (3) By marriage. (4) By naturalization. DESCENT. § 3. Hungarian nationality is acquired through descent by the legitimate children of a Hungarian subject and by the illegitimate children of a woman being a Hungarian subject; in both cases even if the birth takes place abroad. LEGITIMATION. § 4. Hungarian nationality is acquired through legitimation (per subsequens matrimonium) by illegitimate children of a Hungarian subject born of a woman being an alien. a Text as printed in Parliamentary Papers, Misc. No. 3 (1893), p. 4. MARRIAGE. § 5. Hungarian nationality is acquired through marriage by a woman, being an alien, who becomes married to a Hungarian subject. NATURALIZATION. § 6. Hungarian nationality is acquired by an alien who has obtained from either of the authorities mentioned in § 11 a certificate of naturalization, or from His Majesty a diploma of naturalization, and who has taken the oath or solemn declaration of Hungarian nationality. § 7. The Hungarian nationalty which has been acquired by a naturalized male alien shall be extended to his wife and those of his children who are minors and under his paternal power (patria potestas). § 8. Certificate of naturalization for the acquisition of Hungarian nationality can only be obtained by an alien under the following conditions: (1) Provided he is legally empowered to act of his own free will; or, if he is not so legally empowered, provided he has obtained the consent of his lawful representative. (2) Provided he is a member of any home parish community, or if he is in process of becoming so. (3) Provided he has been living in the interior for five years without interruption. (4) Provided he has a blameless character. (5) Provided he is possessed of such means, or earns sufficient, to enable him to support himself and family according to the conditions of his place of abode. (6) Providing he has been inscribed on the list of taxpayers for five years. In cases of naturalization of aliens by adoption according to the requirements of the Hungarian laws, the fulfilment of the conditions specified in paragraphs (3), (5), and (6), of this section is not required, provided that the person adopting such aliens has complied with the requirements contained in paragraphs (5) and (6). § 9. Applications for the acquisition of Hungarian nationality shall be properly furnished with the necessary documents and submitted to the head of that municipality ("Vicegespann, burgomaster"), or in the military frontier to that district office or town council within the district of which the applicant is domiciled. § 10. The authorities mentioned in § 9 shall examine the applications and documents; shall direct the applicant to furnish the necessary papers which might be missing; shall, if any deficiency as regards the form or contents of the papers submitted should make it necessary, make inquiries of the competent authorities, and shall then submit the papers, together with a report thereon, to the minister of the interior, or to the Croatian-Slavonian-Dalmatian Ban, or to the chief authorities of the military frontier, respectively. § 11. Applications for naturlaization according to SS 8, 9, and 10 from those who are domiciled in Hungary and Fiume shall be decided by the minister of the interior; for those who are domiciled in Croatia-Slavonia, by the Croatian-Slavonian-Dalmatian Ban, and by the chief authorities of the military frontier, respectively, in favour of the applicant, and shall in each case give notice thereof to the minister-president for the purpose of record. § 12. In the certificate of naturalization it shall be clearly declared that the naturalized alien has become a Hungarian subject; and the certificate shall, in the case provided in § 7, also contain the names of the wife and children who may be affected by the naturalization. § 13. The authorities mentioned in § 9 shall, after receiving the certificate of naturalization, inform the applicant thereof, appointing at the same time the day on which he will have to take oath (or solemn declaration) of allegiance. § 14. The form of the oath (or solemn declaration) of allegiance shall be the following: I. do swear (solemnly declare) before the living God that I will be faithful to His Imperial and Royal Majesty the Apostolic King of Hungary and to the constitution of the lands of the Hungarian Crown, and promise that I will faithfully fulfil my duties as a Hungarian subject. § 15. Minutes shall be drawn up of the oath (solemn declaration) 'sworn (declared), and it shall be signed by the person who has taken the oath (declaration). The date of the oath (declaration) shall be written on the certificate of naturalization, which shall be signed by the person before whom the oath (declaration) was made, and handed over to the naturalized subject. From this day the naturalized alien shall be deemed to be a Hungarian subject; he shall, however, except the case provided for in § 17, not be able to be a member of the legislature until ten years shall have elapsed since the date of his naturalization. § 16. If the alien in whose favour the certificate of naturalization was issued, and who has been summoned to swear the oath of allegiance (declaration), does not take the oath (declaration) within one year from the receipt of the summons, the certificate of naturalization becomes void, and shall be returned, together with the acknowledgment of the receipt of the summons, to the authorities which have issued the same. § 17. The ministry can propose to His Majesty the naturalization of such aliens as have special and extraordinary merits in regard to the lands of the Hungarian Crown, and are either residing in Hungary or declare that they intend to settle in that country. Such persons need not necessarily comply with the conditions of the paragraphs (2), (3), and (6) of § 8. If the alien who has been naturalized according to this clause has not yet applied to any home parish community for incorporation, he shall be deemed to belong temporarily to the community of Buda-Pesth. The above clauses 12, 13, 14, 15, and 16 shall also apply to aliens naturalized by royal diploma. §18. The naturalization does not involve the acquisition of Hungarian nobility by the naturalized alien. § 19. As long as their foreign nationality is not proved, all those shall be deemed to be Hungarian subjects (1) Who were born within the limits of the lands of the Hungarian Crown. (2) Foundlings found in the territories of the Hungarian Crown, and brought up as such within the said territories. |