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United States Department of State / Index to the executive documents of the House of Representatives for the first session of the forty-seventh Congress, 1880-'81
(1881-1882)

Austria-Hungary,   pp. 18-62 PDF (19.5 MB)


Page 19


AUSTRIA-HUNGARY.
19
the acquisition and loss of citizenship in that kingdom       (especially
to
paragraph 48), and the possible liability of American citizens to the
provisions of the same.
   I have consulted Ritter Von Riedl, chief of the juridical section in
 the foreign office, as to whether the exceptions under treaties as stated
 in § 47 are not applicable to our citizens, native and naturalized,
resi-
 dent in Hungary. After an examination by him of the naturalization
 convention of September 20,1870, he expressed an opinion in the affirm-
 ative, but recommended that a note should be addressed to the imperial
 and royal ministry for foreign affairs for the purpose of ascertaining the
 opinion of the Hungarian Government on the question.
   I herewith inclose a copy of the law, together with a translation, and
 respectfully ask the opinion and instructions of the Department.
        I have, &c.,
                                                    J. F. DELAPLAINE.
                           lnclosure in No. 377.-Translation.]
  Articles of the law of the year 1879 on the acquisition and 1088 of Hungarian
citizenship.
(Sanctioned on the 20th December, 1879. Proclaimed in both Houses of the
Diet on
                             the 24th December, 1879.)
   § 1. In the collective provinces of the Hungarian Crown citizenship
is one and the,,
 same.
   §S 2. Hungarian citizenship is acquired only in the following manner:
   1. Through descent.
   2. Through legitimation.
   3. Through marriage.
   4. Through naturalization.
   3. Descent.-Through descentthe legitimate children of an Hungarian citizen
and
the illegitimate children of an Hungarian female citizen acquire Hungarian
citizenship
in both cases even when the place of birth is in a foreign country.
   § 4. Legitimation.--Through legitimation the illegitimate children
of an Hungarian
citizen who are the offspring of a foreign female acquire Hungarian citizenship.
   § 5. Marriage.-Through marriage each foreign female who marries an
Hungarian
 citizen acquires Hungarian citizenship.
   § 6. Naturalization.-Through naturalization each foreigner who receives
a certificate
of naturalization from one of the authorities named in §S 11, or receives
a diploma of
naturalization from His Majesty, in compliance with § 17, and takes
the oath or vow of
Hungarian citizen, acquires Hungarian citizenship.
  § 7. The Hungarian citizenship acquired by a man received into the
state-union ex-
tends to his wife and to the minor children being under his paternal authority.
  §S 8. As to the acquisition of the Hungarian citizenship through naturalization
that
foreigner only can obtain a certificate of naturalization who (1) possesses
the capabilP
ity for the performance of correct actions, or when the consent of his lawful
representa-
tive replaces the deficiency in this respect; (2) is received in the union
of any native
community, or whose reception by the community is in view; (3) lives uninterruptedly
since five years in the country; (4) is of irreproachable previous life;
(5) possesses so
much property or such a source of income as enables him to support himself
and his
family according to the circumstances of his place of residence; (6) has
been received
for five years past in the list of tax-payers.
  By the naturalization of a foreigner whom an Hungarian citizen has adopted
in ac-
cordance with our laws the conditions of the points 3, 5, 6 of this paragraph
can be
remitted when the adopted party fulfills the conditions of   5 and 6.
  9. For conferring Hungarian citizenship a properly-composed petition is
to be ad-
dressed to the first officer (vicegespan Burgomaster) of that municipality,
or at the mili-
tary frontier, to that district bureau, or to that town magistrate in whose
jurisdiction
or district the petitioner resides.
  1 10. The authority indicated in ý 9 examines the petition, with
the accompanying
papers, eventually directs the petitioner to supply the necessary documents
which may
be wanting, and in case where any suspicion arises as to the form or contents
of these
documents he requests from the competent authorities explanation, and submits
the
whole documents, accompanied by a'developed opinion, to the ministry of the
interior,


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