The qualification of an Austrian subject can be attained:
- By way of birth. The citizenship in the Austrian States is inherent in the children of Austrian subjects from their birth. (Sec. 28 of the Austrian Civil Code.)
- A female foreigner becomes an Austrian in marying an Austrian subject. (Decree of the Imperial Chancery, 23d February, 1833, No. 2,596.)
- By an expressed investing a foreigner with the rights of an Austrian subject. Sec. 30 of the Civil Code.)
- By accepting a situation in the public service. (Sec. 29 of the Civil Code.)
- By an uninterrupted residence of 10 years a foreigner can obtain the quality of an Austrian subject, provided that he has during this time not suffered any punishment for crime, and that his behavior was always respectable. Only on this presumption such a foreigner is to be admitted to take the oath of an Austrian subject. (Sec. 29 of the Civil Code and Aulic Decree of 1st of March, 1833.)
- In conformity with section 21 of the Patent, 24th March, 1832, an Austrian subject who has, without legal authorization, emigrated, and consequently lost his rights as an Austrian subject, can be re-established by the grace of His Imperial Majesty.
The rights arising from the quality as an Austrian subject cease:
- In consequence of emigration, which can take place with or without the authorization of the competent authorities. (Patent, 24th March, 1832, No. 2,557.)
- For females, on then: marrying a foreigner. (Sec. 19 of the Patent, 24th March, 1832, No. 2,557.)
Particular remarks.—It is nearly impossible to give a distinct and coherent summary of all the laws concerning the mode of acquiring the quality of an Austrian subject, and the mode of losing it. The first and systematic dispositions regarding this matter are contained in the Austrian civil code. They have, however, experienced in the course of time so many alterations that the code can no longer be considered as the principal scource regulating such matters. The above cited laws, copies of which accompany this note, contain most of the now existing rules. There are, besides, some which exercise a certain influence on the subject, even if they have not been issued with the intention to give a new rule of attaining the quality of an Austrian subject. So, for instance, the now existing law in regard to trade does no longer maintain the distinction between business requiring a regular domicile in a certain place and other undertakings. Therefore the establishing of a business requiring a regular domicile can no longer be considered as a mode of acquiring the quality of an Austrian subject. This is the more accurate, as foreigners, according to this law, are fully entitled to carry on [Page 1376] such business in this country without undergoing any alteration of their quality as foreigners. Further, the law concerning the communes establishes the principle that any Austrian subject must be a member of a community in the country. And as no commune (gemeinde) can be compelled to receive a new member against their will, it is a natural consequence that a foreigner who is about to apply for the Austrian citizenship must secure himself the reception in some Austrian community, and that he cannot obtain the citizenship itself without having secured an eventual reception in such an Austrian community.