to Mr. Rives.
Christiania , September 4, 1888. (Received September 18.)
Sir: The last session of the Storthing, which adjourned about a month ago, made an important reform in one point of the common law of Norway.
The new law establishes the relations which a person claiming Norwegian citizenship must have to this realm. In accordance with the new regulations, any one applying for citizenship must fulfill conditions which establish the sincerity of his intention to settle in the country. The law regulates at the same time the heretofore unlimited and uncontrolled right of foreigners to hold or lease real estate in Norway. A special permission will henceforth be required in either case.
I beg to forward, herewith inclosed, a printed copy of an English translation of the law mentioned.
I am, etc.,
- Law of the constitution of 4th November, 1814, section 92 (a), _______is, either born within the realm, of parents who at the time of the birth were Norwegian sub-sects; or (b); is born abroad of Norwegian subjects who at the time of the birth, were not the subjects of a foreign state.↩
- Law of the constitution of 4th November, 1814. Section 52. The right of exercising the franchise is suspended: (a) Upon indictment before the sessions for such a crime or crimes as carries such a punishment or punishments in its train as is stated in section 53 (a) of the same law. Section 53. The right of exercising the franchise is suspended: (a) On condemnation to a term of penal servitude, on dismissal from a public office, or on imprisonment on account of a crime committed, such as is enumerated in any chapter of the criminal law concerning perjury, theft, robbery, or false pretenses.↩
- Law of the constitution of 4th November. Section 51.* * * Every one must, before his name be entered in the public register (of citizens and voters), appear at the local sessions and swear the oath of fidelity to the constitution.↩
- Law of the constitution of 4th November, 1814. Section 51. A register of all inhabitants entitled to exercise the franchise shall be prepared in every town by the magistrate and in every parish by the sheriff-substitute (fogden) and the vicar.↩
- Vide reference No. 1, page 4, (a), (b), or (d) ______ who has been naturalized by the Storthing.↩
- Vide reference No. 1, and reference No. 3, page 1491.↩
- Poor law of 6th June, 1863.— For towns, section 16: Native-born Norwegian subjects have their natural domicile in the district in which the mother at the time of the birth had her domicile, and naturalized subjects have their domicile in the district in which they had their permanent residence at the time of the grant of their letters of naturalization. For the country, section 17: Foreigners, as well as native-born subjects, acquire domicile in a district upon having maintained a continuous residence in such district for two years after the attainment of 15 years of age. A subsequently acquired domicile cancels and annuls a previous domicile, whether natural or acquired. The domicile which any one possesses at the time of attaining 62 years of age, he retains for the rest of his life.↩
- Law of extradition of criminals of 11th September, 1818. (This law is a mutual law of extradition between Norway and Sweden, providing for any one accused of crime committed in the one Kingdom being extradited on the demand of the authorities of such Kingdom, subject to the observance of the usual procedure.)—It is unnecessary to cite any of its paragraphs here in extenso in connection with the law of Norwegian citizenship.↩
- Law to amend the poor laws of 17th June, 1886, section 1.—The laws concerning the relief of poor in the towns (section 16) and in the country (section 17) of 6th June, 1863, shall be amended in such manner that foreigners, in order to acquire domicile in a district within the realm, must, after having attained 15 years of age, have had a continuous residence within such district for 5 years. On continued residence within the realm a new domicile may be obtained within the same period as is provided for native-born subjects.↩
- Law to amend to poor laws of 17th June, 1886, section 2.—The domicile acquired by a foreigner within the realm becomes lost when he removes from it and takes up his residence abroad.↩
- Law of conscription of 12th May, 1866.—Foreigners who have acquired a permanent home within the realm are liable to military service equally with native-born subjects, except in the case of a treaty with a foreign power or any peculiar relation of subject relieving such foreigner from military duty. But every foreigner shall be relieved of the duty of military service, to which he is liable by the law of conscription, for such time as the Kingdom may be at war with his native land.↩
- Law concerning election to certain local offices, of 4th August, 1846, section 1.—To such local offices as shall, according to law, be filled by election from among the inhabitants duly entered in the register, who are in possession of the franchise in terms of the law of the constitution, the area of election shall in future be extended to all citizens who possess the qualifications required in terms of section 50 of the law of the constitution, and who are not excluded from such election from being in any of the situations referred to in section 52 and section 53 of the law of the constitution, even although they may not have sworn the oath of fidelity to the constitution or been entered in the register of qualified voters, as provided in the law of the constitution.↩
- Vide references No. 5, page 1492 and No. 1, page 1493.↩
The mining law of 14th July, 1842. This law provides, “any one whatsoever may, etc.,” and foreigners are, in all the provisions of the law, placed upon exactly the same footing as the native-born Norwegian inhabitants.
(The complete mining law of 14th July, 1842, with all subsequent acts of amendment, may be obtained in an English translation on application to F. Beyer, 2 Strandgaden, Bergen.)↩
- Vide references No. 5, page 1492 and No. 1, page 1493.↩
- Sec. 18 of the mining law of 14th July, 1842; — provides for the compulsory sale of ground, water, etc., necessary to a mine, for certain working purposes, but no distinction is drawn in it between a native-born inhabitant and an immigrant foreigner.↩
- The law here referred to is intituled law amending section 18 of the mining law of 14th July, 1842. It provides for an extension of the rights granted to a mine-owner by section 18 of the mining law of 14th July, 1842, but in the act of amendment of 17th July, 1866, there is still no distinction made between native-born inhabitants and immigrant foreigners.↩
- Law concerning Christian non-conformists, of 16th July, 1845. In this law the relations of non-conformists to the established church of the realm are regulated, and freedom of religious exercise, which did not exist before, is granted. Among other things, the right to acquire ground for erecting churches, schools, clergyman’s residence, providing church-yards, etc., is granted. No distinction is drawn between the native-born non-conformist and the immigrant foreign non-conformist.↩