BRITISH ORDER IN COUNCIL providing for the Registration of British Subjects in Her Majesty's Consulates in Siam. Windsor, November 26, 1900.*

At the Court at Windsor, the 26th day of November, 1900.

*PRESENT: THE QUEEN'S MOST EXCELLENT MAJESTY.

Lord President.

Lord Chamberlain. Earl of Kintore.

WHEREAS by Treaty, capitulation, grant, usage, sufferance, and other lawful means, Her Majesty has jurisdiction within the territories of the King of Siam;

Now, therefore:

1. In this Order the expression "British subject" includes a person who, by virtue of Section 15 of "The Foreign Jurisdiction Act, 1890,"† or otherwise, enjoys Her Majesty's protection in Siam.

2. A register of British subjects shall be kept in the office of every Consulate in Siam.

3. Every British subject, resident or arriving in Siam, being of the age of 21 years or upwards, or being married, or a widower or widow, though under that age, may, subject to the provisions of this Order, be registered in a Consular register.

4. The registration of a man shall comprise the registration of his wife, or wives, if living with him; and the registration of the head of a family shall comprise the registration of all females and minors, being his relatives, in whatever degree, living under the same roof with him at the time of his registration.

5. A British subject resident in Siam shall not be registered elsewhere than in the register of the Consular district in which he resides; but a person arriving in Siam may be registered either in the register of the Consular district in which he first arrives or in that of the district in which he goes to reside.

6. A person arriving in Siam and not already registered must apply for registration within one month after arrival; a person sident in Siam must apply for registration in January in every r: Provided that a person who fails to obtain registration the time so limited may be registered at any time if he his failure to the satisfaction of the Consular officer. person registered in any register of British subjects under "The Siam Order in Council, 1889," shall be nder the provisions of this Order, unless the Con- ! satisfied, after inquiry, that the previous registra+ See Vol. 18. Page 561.

" November 27, 1900.

tion was erroneous, or that such person is not entitled to registration under the provisions of this Order.

8. The Consular officer shall on every registration give to the person registered a certificate of registration signed by him, and sealed with his Consular seal.

9. The name of a wife, if her registration is, under the provisions of this Order, comprised in her husband's, shall be indorsed on the husband's certificate.

10. The names and descriptions of females and minors, whose registration is under the provisions of this Order comprised in that of the head of a family, shall be indorsed on the certificate of the head of the family.

11. Every person applying to be registered under this Order shall, unless excused by the Consular officer, attend personally for that purpose at the Consulate on each occasion of regis tration.

12. Every person shall, on every registration of himself, pay a fee of 28. 6d., or such other fee as the Secretary of State from time to time appoints. The amount of the fee may be uniform for all persons, or may vary according to the position and circumstances of different classes if the Secretary of State from time to time so directs, but may not in any case exceed 58.

13. If any British subject fails to obtain registration under the provisions of this Order, he shall not be entitled to be recognized or protected as a British subject in Siam, but he shall, although not registered, be subjected to the jurisdiction of Her Majesty's Consular Courts in Siam.

Provisions affecting particular Classes of Bfritish Subjects.

14. A person, not of Asiatic descent, arriving in Siam and applying to be registered as a British subject shall be so registered if the Consular officer is satisfied, after such inquiry as he may deem fit, that he is entitled to the status of a British subject.

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15. A person of Asiatic descent arriving in iam and applying to be registered as a British subject shall be Dco registered if he (a) produces a passport as a British subject f rom British India or a British possession; or (b) files an affidavit or sworn declaration showing that he was born within Her Majesty's dominions or within the territory of any Prince or Stat the suzerainty or in alliance with Her Majesty, been naturalized in the United Kingdom; and ( gives satisfactory evidence of his identity.

16. A person born in Siam, being the child Asiatic descent who arrived in Siam, may be re British subject if it is proved that the father (a) w as a British subject at the time of the child's birth;

e

in India under
or that he has
)in either case

of a person of gistered as a as registered or (b) being

entitled was prevented from being so registered by causes for which he was not responsible.

Any child of a person registered under the provisions of this Article shall not be entitled to be registered as a British subject by reason only that his father and grandfather were so registered.

17. A person of Asiatic descent, being a native of Upper Burmah or of the British Shan States, shall not be registered as a British subject if it appears that he arrived in Siam before the 1st January, 1886, and has become domiciled there.

18. A woman, being the widow of a person of Asiatic descent, who was in his lifetime registered as a British subject, shall be registered as a British subject if her name appears on the last certificate given to her husband before his death, but not otherwise.

19. The Consular officer may, without fee, register any British subjects, being minors, living in the houses of foreigners or Siamese subjects.

20. Article 94 of "The Siam Order in Council, 1889,"* is hereby repealed, provided all registers kept under that Order shall continue in force until superseded by registers kept under this Order.

21. This Order may be cited as "The Siam (Registration) Order in Council, 1900."

A. W. FITZROY,

SPAIN.

ROYAL CIRCULAR ORDER of the Spanish Government, relative to Foreigners, Naturalization, &c. Madrid, October 3, 1895.†

(Translation.)

By Royal Order transmitted from the Ministry of State, dated the 6th June last, the following is communicated to the Ministry of the Interior:

On several occasions there have been presented to this Ministry various claims made by descendants of foreigners born in Spain, similarly to their fathers, on whom the Governments of their respective ancestors attempt to impose the obligation of serving in their armies.

* See Vol. 18. Page 1129.
+ Published in the "

Madrid Gazette " of October 5, 1895.

Amongst others, the case of the Marquis of Casa-Mendaro, of Cadiz, has recently arisen, who, on now claiming Spanish citizenship, has instituted judicial proceedings to support his case, from which it appears that his family, established in Spain for a century, in that city, have illegally enjoyed during the last two generations the privilege of Italian nationality, thus exempting themselves, contrary to the dispositions of the second paragraph of Article 24 of the Royal Decree of the 17th November, 1852, from military service in Spain.

In consideration of the foregoing, His Majesty the King of Spain (whom God protect), and, in his name, the Queen-Regent of the Kingdom, has been pleased to dispose that your Excellency be informed of the expediency of reminding the authorities under the Orders of your Excellency's Department that they must scrupulously observe the dispositions of Articles 4, 8, 9, 10, 11, and 24 of the aforesaid Royal Decree of the 17th November, 1852, which treats of the distinction between domiciled or migratory (" transeuntes ") foreigners; of licences for domiciling; of registers to be kept in the offices of Civil Governors and foreign Consulates, and the comparison of the same, causes of the infringement of the dispositions, and exemption from conscription and its obligations, which, if observed, would prevent cases like the present and others occurring, and whose repetition it is very necessary to avoid.

By Royal Order transmitted by the Minister of State 1 communicate this to your Excellency for your knowledge and guidance.

His Majesty the King (whom God protect), and, in his name, the Queen-Regent of the Kingdom, having been pleased to approve the communication transmitted, I hereby, by Royal Order, acquaint you of the same, for your knowledge and information, reproducing hereunder the Articles of the Royal Decree of the 17th November, 1852, which are still in force, and which must be faithfully observed, and not Nos. 13, 14, and 16, owing to the latter not being in accordance with the actual legislation.

God protect, &c.

Madrid, October 3, 1895.

Cos. GAYON.

Extract from Decree of November 17, 1852.*

Articles referred to in Royal Order of October 3, 1895.

(Translation.)

ART. 1. Foreigners are

CHAPTER I.

(1.) All persons born of foreign parents out of the dominions of Spain.

(2.) The children born of a foreign father and a Spanish mother, out of the Spanish dominions, should they not claim the nationality of Spain.

(3.) All persons born on Spanish territory of foreign parents, or of a foreign father and a Spanish mother, if they do not claim Spanish nationality.

(4.) All persons born out of Spanish territory of parents who have forfeited Spanish nationality.

(5.) Spanish women who marry a foreigner.

Spanish vessels of every description whatsoever are considered as forming part of the Spanish dominions.

2. Those foreigners who may have obtained letters of naturalization, or become denizens according to law, are considered as Spaniards.

3. All other foreigners residing in Spain without having obtained letters of naturalization or become denizens, are domiciled or migratory ("transeuntes ") foreigners.

4. Those foreigners will be considered, for legal purposes, as being domiciled in Spain who may have been settled with an open establishment, or with a fixed residence, during three years, and with property of their own, or exercising some industry or profession on Spanish territory, with the proper permission of the Superior Civil authority of the province.

5. Those foreigners will be considered "transeuntes" who have not a fixed residence in the kingdom such as is specified in the foregoing Article.

CHAPTER II.

ART. 8. The migratory foreigners who may wish to become domiciled in Spain will have to ask for the proper permission from the Superior Civil authorities of the province, exhibiting the proofs of their being circumstanced as specified in Article 4.

9. In all the offices of the Civil Governors of the provinces a register will be kept, in which the names and circumstances of all foreigners who may be residing, or who may hereafter

* For translation of full text of this Decree, see "State Papers," Vol. 53,

page 1054.