regards the wife, and in the last two paragraphs of article 6, as regards the children. ART. 12. The loss of citizenship in the cases mentioned in the foregoing article does not work exemption from the obligations of the military service, nor from the penalties imposed on those who bear arms against their country. ART. 13. A citizen who has lost his citizenship through any of the causes set forth in article 11 may recover it provided he 1. Returns to the Kingdom by special permission of the Government; 2. Renounces his foreign citizenship or the employment or appointment in the military service which he has accepted in a foreign country; or 3. Declares before the registrar of civil status that he intends to establish, and actually establishes, his domicile in the Kingdom within a year. ART. 14. A woman who, being a citizen, marries a foreigner, becomes a foreigner provided she acquires the citizenship of her husband by virtue of the marriage. If she becomes a widow she may recover her citizenship by residing in the Kingdom or returning thereto, and declaring in both cases before the registrar of civil status that she intends to establish her domicile therein. ART. 15. The acquisition and recovery of citizenship in the cases hereinabove set forth shall have effect only from the day following that on which the conditions and formalities prescribed were fulfilled. ARTICLES 35 AND 36 OF THE LAW OF JANUARY 31, 1901, ON EMIGRATION. [Translation.] ARTICLE 35. Subdivision 3 of the first paragraph of article 11 of the civil code is abrogated. ARTICLE 36. Italian citizenship, including the acquisition and exercise of the political rights enjoyed by citizens, may be granted by decree of the ministry of the interior in concurrence with the ministry of foreign affairs to a person who, having been born in the Kingdom or abroad, has become a foreigner by reason of being a minor child of a father who has lost his citizenship or who, having been born in the Kingdom or abroad of a father who has lost his citizenship prior to his (the child's) birth, has not, according to articles 5, 6, and 11 of the civil code, declared within a year after becoming of age that he wishes to become a citizen, or else has expressly elected foreign citizenship; provided such person declares his intention of establishing his domicile in the Kingdom. LAW OF MAY 17, 1906. [Translation.] Victor Emanuel III, by the grace of God and by the will of the nation, King of Italy. The Senate and the Chamber of Deputies have approved and we have sanctioned and promulgated the following: ARTICLE 1. Italian citizenship, including the acquisition and exercise of the political rights enjoyed by citizens, may be granted by royal decree with the consent of the council of state to a foreigner who (1) has resided six years in the Kingdom or the Italian colonies; (2) has served the Italian Government for four years, even though abroad; or (3) has had his residence in the Kingdom or the colonies during three years, if he has married a woman who was an Italian citizen or has rendered important service to Italy. Nevertheless, a person who has acquired citizenship in the cases contemplated in the present article shall not be eligible to membership in either of the legislative chambers until six years have elapsed since the date of the decree granting it. The conditions prescribed in the second and third paragraphs of article 10 of the civil code are also applicable to citizenship granted in accordance with the present article. ARTICLE 2. No change is made in the previous laws concerning the granting of citizenship by royal decree, including the full enjoyment of political rights, to Italians who do not belong to the Kingdom. Persons other than Italians who shall have acquired citizenship subsequently to the publication of the present law by virtue of a royal decree and independently of the conditions imposed by the foregoing article, may also be granted the full enjoyment of political rights by another royal decree issued with the consent of the council of state, when the conditions imposed in subdivisions 1, 2, and 3, of paragraph 1 of the same article, have been fulfilled. In such cases the grantee shall not be eligible to membership of the two legislative chambers until six years have elapsed since the date of the second royal decree. ARTICLE 3. Persons other than Italians who have acquired citizenship by royal decree before the publication of the present law may also, upon application, be granted the full enjoyment of political rights, by another royal decree issued with the consent of the council of state, when the conditions imposed in subdivisions 1, 2, and 3, of the first paragraph of article 1, have been complied with. In such case they shall not be eligible to membership in either of the two legislative chambers until three years have elapsed since the date of the last royal decree, unless they have served the Italian Government for at least ten years. We order that the present document, bearing the seal of State, be embodied in the official collection of the laws and decrees of the Kingdom of Italy, and that the competent authorities be instructed to observe it and cause it to be observed. Mr. Wright, ambassador to Japan, to Mr. Root, Secretary of State, August 22, 1906. No. 49.] AUGUST 22, 1906. SIR: In compliance with the Department's circular of July 9, 1906, I have the honor to transmit herewith translations of the laws of Japan concerning citizenship, expatriation, naturalization, and protection of Japanese subjects abroad. From the inclosures it is gathered that Japanese citizenship is acquired by a child by birth, if his or her father be a Japanese subject, or, in case the father is unknown or has no nationality, if the mother be a Japanese subject, or, in case both parents are unknown or have no nationality, if the child be born in Japan. Aliens may acquire Japanese nationality in the following cases: 1. By becoming the wife of a Japanese subject. 2. By becoming the husband of a Japanese woman who is the head of a "house" (or family corporation), at the same time becoming a member of her house. 3. By being acknowledged by his father or mother who is a Japanese subject. 4. By adoption by a Japanese subject. 5. By naturalization. The adoption of an alien, the marriage of a Japanese woman who is the head of a house to an alien, and the naturalization of an alien can only be effected by permission of the minister of the home department. Japanese citizenship may be lost by a woman by marriage with an alien, by minors through the change of allegiance of their parents, by any subject of full age who voluntarily acquires foreign nationality. Exceptions to the right of expatriation are made in the cases of males of the age of 17 years and upward who have not performed their service in the army and navy under the law of conscription, and in the cases of those in the civil or military services of the Government who have not obtained permission from their official chiefs. There does not appear to be any provision of Japanese law imposing forfeiture of citizenship in consequence only of residence in foreign parts, whether temporary or permanent. Forfeiture of protection abroad can only follow some overt act manifesting a voluntary intention to renounce Japanese citizenship. Japanese citizenship may be reacquired by permission of the minister of the home department. LUKE E. WRIGHT. I have, etc. [Enclosure 1-Translation.] LAW OF JAPAN No. 21. [Promulgated July 9, 1898.] I. A Japanese, in order to adopt an alien or a Japanese woman who is the head of a house, in order to marry an alien, must obtain the permission of the minister of the home department. II. The minister of the home department may give the permission mentioned in the preceding article, if the following requisites exist as to the alien: 1. He must have had his domicile or residence for at least one full year in Japan. 2. He must be a person of honest behavior. [Enclosure 2-Translation.] LAW OF JAPAN No. 66. [Promulgated April 1, 1899.] 1. A child is a Japanese subject if at the time of his birth his father is such. The same applies if the father, having died before the child's birth, was a Japanese subject at the time of his death. 2. If the father before the birth of the child loses his Japanese nationality by divorce or by a dissolution of adoption, the provisions of the preceding article apply with relation back to the beginning of the pregnancy. The provisions of the foregoing paragraph do not apply if both parents quit the house, unless the mother returns to the house before the birth of the child. 3. When the father is unknown or has no nationality, the child is a Japanese subject if the mother is such. 4. If both parents of a child born in Japan are unknown or have no nationality, the child is a Japanese subject. 5. An alien acquires Japanese nationality in the following cases: (1) By becoming the wife of a Japanese; (2) by becoming the husband of a Japanese woman who is the head of the house, at the same time entering her house; (3) by being acknowledged by his father or mother who is a Japanese subject; (4) by adoption by a Japanese subject; (5) by naturalization. 6. The requisites for an alien's acquiring Japanese nationality by acknowledgment are as follows: (1) The child must be a minor ac cording to the law of his nationality; (2) the child must not be the wife of an alien; (3) the parent who first acknowledges the child must be a Japanese subject; (4) if both parents acknowledge the child at the same time, the father must be a Japanese subject. 7. With the permission of the minister of the home department, an alien may be naturalized on the following conditions: (1) He must have had his domicile in Japan for five consecutive years; (2) he must be at least twenty years old and a person of full capacity by the law of his nationality; (3) he must be a person of honest behavior; (4) he must have either property or working ability sufficient for an independent livelihood; (5) he must have no nationality or must lose his nationality on acquiring Japanese nationality. 8. A wife of an alien can be naturalized only together with her husband. 9. An alien who has at the time his domicile in Japan can be naturalized, even though the conditions specified in article 7, No. 1, do not exist, in the following cases: (1) If one of his parents is or has been a Japanese subject; (2) if his wife is or has been a Japanese subject; (3) if he was born in Japan; (4) if he has resided in Japan for ten consecutive years. The persons mentioned in the preceding paragraph under Nos. 1 to 3 can be naturalized only if they have resided in Japan for three consecutive years; but this does not apply, if a parent of a person mentioned in No. 3 was born in Japan. 10. If a parent of an alien is a Japanese subject and such alien has his domicile at the time in Japan, he may be naturalized even though the conditions specified in article 7, Nos. 1, 2, and 4, do not exist. 11. The minister of the home department may, with the sanction of the Emperor, permit the naturalization of an alien who has done specially meritorious services to Japan, without regard to the provisions of article 7. 12. Public notice of a naturalization must be given. A naturalization can be set up against a third person acting in good faith only after such notice. 13. The wife of a person who acquires Japanese nationality acquires it together with her husband, unless she expresses a contrary intention within one month from the time when she had notice of her husband's acquisition of Japanese nationality. These provisions do not apply if the law of the wife's nationality provides to the contrary. 14. If the wife of a person who has acquired Japanese nationality did not herself acquire it according to the provisions of the preceding article, she may be naturalized even though the conditions specified in article 7 do not exist as to her. 15. A child of a person who acquires Japanese nationality acquires it together with his parent, if the child is a minor according to the law of his nationality. This provision does not apply if the law of the child's nationality provides to the contrary. 16. A person naturalized, a person who as being the child of a naturalized person has acquired Japanese nationality, or a person who has become the adopted child of a Japanese or the husband of a Japanese woman who is the head of the house has not the follow |