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§ 132. “Subject of the Queen.”

NATURAL-BORN SUBJECTS.—At common law everybody, whose birth happens within the allegiance of the Crown, is a natural-born subject. “The character of a natural-born subject, anterior to any of the statutes, was incidental to birth only; whatever were the situations of his parents, the being born within the allegiance of the king constitutes a natural-born subject.” (Per Kenyon, C.J., in Doe d. Durore v. Jones [1791], 4 T.R. p. 308; 2 R.R. 390.) This is still a ruling principle of our law. Children born in an English ship are born within the allegiance, and an ambassador's house is also reputed to be part of his sovereign's realm, so as to confer upon the children of the ambassador born therein the character of natural-born subjects. The status of the parents is of no account, provided only the offspring be born within the realm. “A child born of foreign parents, even during an accidental stay of a few days, is fully, and until the age of twenty-one years irretrievably, a British subject.” (Hall, Foreign Jurisdiction, p. 20.) The character of a natural-born subject is not given to persons born in a place which, though rightfully part of the dominions of the British Crown, happens to be at the time of the birth in the military possession of an enemy. The learning, old and new, of the subject will be found very fully in Calvin's Case (1608), 7 Coke Reps. 1, 18A; Collingwood v. Pace (1656), 1 Vent. 413; De Geer v. Stone (1882), 22 Ch. D. 243; Re Stepney Election Petition, Isaacson v. Durant (1886), 17 Q.B.D. 54; Encyclopedia of the Laws of England, vol. ix. p. 57; Westlake, Private International Law, Chap. XV.

By statute, children born out of the British Dominions, whose fathers or whose paternal grandfathers were natural-born subjects, are, except in certain cases, entitled to the rights of natural-born subjects. (See Imperial Acts, 4 Geo. II. c. 21, ss. 1, 2; 13 Geo. III. c. 21; Notes, § 193, “Aliens,” infra.)

NATURALIZED SUBJECTS.—Naturalization is the procedure by which an alien or foreigner is made a subject or citizen of any State. It is a legal adoption by one State of a person who is the subject or citizen of another State, admitting him to take part in its national polity, and conferring on him the rights and privileges of a national-born subject or citizen. (See Note, § 194, “Naturalization,” infra.)

“An alien is disqualified to be a member of either House of Parliament. The Act 12 and 13 Will. III. c. 2, declared that ‘no persons born out of the kingdoms of England, Scotland, or Ireland, or the dominions thereunto belonging (although he be naturalized or made a denizen, except such as are born of English parents), shall be capable to be of the privy council, or a member of either House of Parliament.’ The 1 Geo. I. stat. 2, c. 4, in order to enforce the provisions of the Act of William, required a special clause of disqualification to be inserted in every Naturalization Act; but as no clause of this nature could bind future Parliaments, occasional exceptions were permitted, as in the cases of Prince Leopold in 1816, and Prince Albert in 1840; and this provision of the 1st George I. was repealed by the 7 and 8 Vic. c. 66, s. 2. Later Naturalization Acts have since been passed, without such a disqualifying clause. And by the 33 and 34 Vic. c. 14, an alien to whom a certificate of naturalization is granted by the Secretary of State, becomes entitled to all political and other rights, powers, and privileges, and is subject to all the obligations of a British subject.” (May's Parl. Prac. 10th ed. p. 27-8.)




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Election of Speaker.

35. The House of Representatives shall, before proceeding to the despatch of any other business, choose a member to be the Speaker133 of the House, and as often as the office of Speaker becomes vacant the House shall again choose a member to be the Speaker.

The Speaker shall cease to hold his office if he ceases to be a member. He may be removed from office by a vote of the House, or he may resign his office or his seat by writing addressed to the Governor-General.

CANADA.—The House of Commons, on its first assembling after a general election, shall proceed with all practicable speed to elect one of its members to be Speaker.—B.N.A Act, 1867, sec. 44.

In case of a vacancy happening in the office of Speaker by death, resignation, or otherwise, the House of Commons shall, with all practicable speed, proceed to elect another of its members to be Speaker.—Id. sec. 45.

The Speaker shall preside at all meetings of the House of Commons—Id. sec. 46.

HISTORICAL NOTE.—Similar provisions are in the Constitutions of all the Australian colonies. In the Commonwealth Bill of 1891, the clause was substantially to the same effect, with the addition of a provision that “the Speaker shall preside at all meetings of the House of Representatives; and the choice of a Speaker shall be made known to the Governor-General by a deputation of the House.” At the Adelaide session, 1897, the clause was adopted in the same form; and at the Melbourne session drafting amendments were made before the first report and after the fourth report.

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