ART. 24. The act of naturalization being strictly personal, the person concerned can be represented by another person only by means of a special and sufficient power of attorney for that act, containing the renunciation and promise which the party interested should make in person, according to articles 14 and 16; but the power of attorney shall in no case supply the want of the alien's actual residence in the Republic. ART. 25. The character of citizen or alien is not transmissible to third persons; consequently, a citizen can not, as such, enjoy the rightsof an alien, nor an alien, as such, the privilege of a citizen. ART. 26. Change of nationality has no retroactive effect. The acquisition and restoration of the rights of Mexican citizenship can take effect only from the day following that on which all the conditions and formalities prescribed by this law for obtaining naturalization have been complied with. ART. 27. Colonists coming into the country under contracts made by the Government, and whose expenses of transportation and settlement are defrayed by the Government, shall be deemed Mexicans. Their engagement to renounce their original nationality and to adopt the Mexican nationality shall appear in their enrollment contract, and upon settling in the colony they shall execute before the competent authorities the renunciation and promise required by articles 13 and 16, which shall be forwarded to the department of [foreign] relations, that it may issue a certificate of naturalization in favor of the party interested. ART. 28. Colonists coming into the country on their own account, or under the auspices of private companies or enterprises not subsidized by the Government, as well as immigrants of all classes, may be naturalized, according to circumstances, in conformity with the provisions of this law. Colonists already settled here are likewise subject to those provisions, so far as they do not conflict with the rights which they have acquired under their contracts. ART. 29. Naturalized aliens shall be Mexican citizens as soon as they possess the qualifications required by article 34 of the constitution and they shall be on an equality with Mexicans in all their rights and obligations; but they shall not be eligible to hold such offices or stations as, under the laws, require native citizenship, unless they were born within the national territory and their naturalization was effected in accordance with Section II, of article 2. CHAPTER IV.-Rights and obligations of aliens. ART. 30. Aliens enjoy in the Republic the civil rights belonging to Mexicans and the guaranties granted by section 1, of Title I, of the constitution, without prejudice to the Government's right to expel a mischievous alien. ART. 31. Aliens shall not be compelled to reside in the Republic in order to acquire uncultivated national lands, real estate, or vessels, but they shall be subject to the restrictions prescribed by the laws in force, it being understood that every lease of real estate to an alien shal be deemed an alienation if the term of the contract exceeds ten years. ART. 32. The federal law alone can modify or abridge the civil rights enjoyed by aliens by virtue of the principle of international reciprocity, and in order that the aliens may thereby be subject in the Republic to the same disqualifications as the laws of their own country impose on Mexicans residing there; hence, the provisions of the civil code and of the code of civil procedure of the [federal] district on this subject have a federal character, and shall be obligatory throughout the whole Union. ART. 33. Aliens may be domiciled in the Republic for all legal purposes without losing their nationality. The acquisition, change, and loss of domicile are governed by the laws of Mexico. ART. 34. When the suspension of individual guaranties is declared under the circumstances under which it is permitted by article 29 of the constitution, aliens as well as Mexicans are subject to the provisions of the law decreeing the suspension, without prejudice to the stipulations of treaties. ART. 35. Aliens are bound to contribute to the public expenses in the manner prescribed by the laws, and to obey and respect the institutions, laws, and authorities of the country; they must submit to the judgments and decisions of the courts, and have no right to have recourse to other measures than those which the laws grant to Mexicans. They may appeal to the diplomatic channel only in the case of denial of justice or intentional delay in its administration, after exhausting in vain the ordinary means created by the laws and in the manner prescribed by international law. ART. 36. Aliens do not enjoy the political rights of Mexican citizens; hence, they can not vote for, nor be elected to, any oflice filled by election of the people, nor can they be appointed to any other office or position in the Government service; nor can they belong to the army, navy, or national guard; nor can they assemble to discuss the political affairs of the country, nor exercise the right of petition regarding such matters. This is to be understood as not affecting the provisions of article 1, Section XII, and article 19, of this law. ART. 37. Aliens are exempt from military service. Domiciled aliens, however, are bound to perform police service when the security of property or the maintenance of order in the town in which they are residing is involved. ART. 38. Aliens taking part in the civil dissensions of the country may be expelled from its territory as mischievous aliens, and are subject to the laws of the Republic as to the offenses which they commit against it, without prejudice to the regulation of their rights and obligations during a state of war, by international law and treaties. ART. 39. The laws ordering the registration of aliens are repealed. The ministry of [foreign] relations alone can issue certificates of any given nationality in favor of the aliens requesting them. These certificates constitute a legal presumption of foreign citizenship, but do not exclude proof to the contrary. The final proof of any given nationality is made before the competent courts and by the means prescribed by the laws and treaties. ART. 40. This law does not grant to aliens the rights denied them by international law, treaties, or the legislation in force in the Republic. CHAPTER V.-Temporary provisions. ART. 1. Aliens who have acquired real estate, who have had children born to them in Mexico, or who have held any public office, being those referred to in sections X, XI, and XII of article 1 of this law, are bound to declare within six months after the promulgation of this law, provided they have not done so previously, to the civil authorities of their place of residence whether they wish to acquire Mexican citizenship or to retain their own. In the former case they must immediately ask for their certificate of naturalization in the form prescribed in article 19 of this law. If they fail to make the declaration in question, they shall be considered Mexicans, except in those cases where there has been an official declaration on this point. ART. 2. Colonists residing in the country, being those referred to in the last sentence of article 28 of this law, shall declare in the manner prescribed by the preceding article under what nationality they wish to be classed, and if it should be the Mexican, they shall also ask for their certificate of naturalization, as prescribed by the preceding article. ART. 3. The Executive, in issuing the necessary regulations for the execution of this law, shall be careful to give the proper directions in order that the local authorities, so far as they are concerned, may duly execute it. [Signed] [Signed] [Signed] [Signed] JUAN JOSÉ BAZ, Deputy, President. PEDRO SANCHEZ CASTRO, Senator, President. Wherefore, I order it to be printed, published, circulated, and duly executed. Given in the national palace of Mexico, May 28, 1886. To Citizen IGNACIO MARISCAL, Secretary of State and of the PORFIRIO DIAZ. Department of Foreign Relations. In communicating it to you for your information and for the necessary purposes, I assure you of my great consideration. MARISCAL. MOROCCO. Mr. Philip, chargé d'affaires, to Mr. Root, Secretary of State, August There are, strictly speaking, no Moroccan laws relating to citizenship of Moorish subjects in Morocco. The fundamental Taws of this non-Christian country are based entirely upon the Islamitic code, no part of which treats of the subject of citizenship. There are, however, numerous treaties and conventions between the various Christian countries and the Moorish Empire, by means of which citizenship in this country is defined; but, as I understand, from the above-acknowledged instructions, that it is not the desire of the Department to call for a report upon such lines, I will therefore confine these remarks to general conditions existing, which may possibly be of some use in connection with the information desired. (1) Citizenship in Morocco may be said to be governed by the laws pertaining to the same in other countries, with the exception that all persons residing in Morocco who can not prove foreign citizenship or protection are considered ipso jure as Moorish subjects. (2 and 3) Moorish subjects lost their nationality only by becoming naturalized in, or protected by, another country having treaty relations with the Moorish Empire. It was established by the Convention of Madrid, concluded July 3, 1880, as follows: ARTICLE XV. Any subject of Morocco who has been naturalized in a foreign country, and who shall return to Morocco, shall, after having remained for a length of time equal to that which shall have been regularly necessary for him to obtain such naturalization, choose between entire submission to the laws of the Empire and the obligation to quit Morocco, unless it shall be proved that his naturalization in a foreign country was obtained with the consent of the Government of Morocco. Foreign naturalization heretofore acquired by subjects of Morocco according to the rules established by the laws of each country, shall be continued to hetm as regards all its effects without any restriction. The above ruling has never yet been acted upon, and should this at any time be contemplated seriously, a large number of naturalized people, American and others, residing in Morocco, would be affected thereby. (4 and 5) Residence in foreign parts does not affect the nationality of Moorish subjects, and the Moorish Government has no means of protecting its subjects permanently residing in other countries, with the exception of a so-called Moorish consul at Gibraltar and a Moorish agent at Cairo, Egypt. I am, etc., HOFFMAN PHILIP. NETHERLANDS. [Enclosures in despatch from Mr. Hill, minister to the Netherlands, August 31, 1906.] [Translation.] LAW OF DECEMBER 12, 1892, REGARDING NETHERLANDS CITIZENSHIP AND RESIDENTSHIP. [Official Gazette No. 268.] In the name of Her Majesty Wilhelmina, by God's grace Queen of We, Emma, Queen Dowager, Regent of the Kingdom, make known the Netherlands, Princess of Orange-Nassau, etc. to all whom it may concern, that: Having taken into consideration that it is desirable to establish some general provisions concerning Netherlands nationality in sub stitution for the title of the civil code entitled "On Netherlanders and foreigners," as well as for the law of July 28, 1850 (Official Gazette No. 44), modified by that of May 3, 1851 (Official Gazette No. 46), and that, in accordance with article 6 of the fundamental law, it is necessary to determine by a law who is to be characterized as a resident, while the results of naturalization with regard to the wife and the minor children of the person naturalized also need to be regulated by a law, we have, For these reasons, with the consent of the Council of State and in common accord with the states-general, established and do establish the following: ARTICLE 1. The following are Netherlanders by birth: (a) The legitimate child, the legitimated child, or the natural child acknowledged by the father, whose father is of Netherlands nationality at the time of birth. (b) The legitimate child of a Netherlander who has died within the period of 300 days before the birth of the child. (c) The natural child acknowledged only by the mother, whose mother is of Netherlands nationality at the time of birth. (d) The natural child born within the Kingdom and who is not acknowledged by either the father or the mother. ARTICLE 2. The following are likewise Netherlanders: (a) The child of a resident who, whether father or mother, according to the distinctions made in article 1, was born himself or herself of a mother residing in the Kingdom, unless it is ascertained that the child, as a foreigner, belongs to some other country. (b) The child found or abandoned in the Kingdom, as long as his filiation, either as legitimate or legitimated child, or as an acknowledged natural child, shall not have been ascertained. ARTICLE 3. Netherlands citizenship by naturalization is acquired by virtue of the going into force of the law which grants it. For every naturalization the sum of 100 florins is due the public treasury. The applicant for naturalization must accompany his application with a certificate: 1. That he has attained his majority according to the Netherlands law. 2. That he has lost his Netherlands nationality or that he has during the last five years had his residence or his principal stopping place in the Kingdom or its colonies or possessions in other parts of the world. 3. That he has paid the sum of 100 florins to a receiver of the fees for registration. In case the applicant belongs to another country, he may be obliged to furnish proof that the laws of such country place no obstacle in the way of naturalization in the Netherlands. |