Allegiance - Law Dictionary Search Results
Home Dictionary Name: allegianceAllegiance
Allegiance [fr. ligo, Lat.], the natural, lawful, and faithful obedience which every subject owes to the supreme magistrate who oversteps not his prerogatives. It is either natural or perpetual, where one is a subject born, or has been naturalized; or local and temporary, where one is merely a resident in the British dominions, Co. Litt. 129 a. it is also either implied, so soon as the relationship of sovereign and subject is created; or express, which is the formal declaration of it. An alien resident within British territory owes allegiance to the Crown and maybe indicted for high treason, though not a subject, De Jager v. A. G. of natal, 1907 AC 326. It seems that the subject of a friendly state residing within the realm who violates the local allegiance which he owes to the Crown does not lose the rights of an alien amy until the Crown withdraws its protection, Johnstone v. Pedlar, 1921 AC 262. See Broom's Const. Law, Calvin's Case....
Allegiance, Oath of
Allegiance, Oath of, A new form of this oath was substituted for the older form by 21 & 22 Vict. c. 48. A new form was again provided by 30 & 31 Vict. c. 75, s. 5, and this has in its turn been superseded by the (English) Promissory Oaths Act, 1868 (31 & 32 Vict. c. 72), which provides as follows: 'I, do swear that I will be faithful and bear true allegiance to Her Majesty Queen Victoria, her heirs and successors, according to law. So help me God.The 10th section of the Act provides that of Her present Majesty is expressed, the name of the Sovereign of this Kingdom shall be substituted from time to time.'See also Irish Free State (Agreement) Act, 1922, Sch., Art. 4.The oath, or an affirmation in similar terms, must be taken by certain high officers of State, by Judges of the Supreme Court and justices of the peace on their appointment, by Members of Parliament on taking their seats, and by clergymen before their ordination. A like oath must be taken by an alien on obtaining a certifica...
Natural allegiance
Natural allegiance, that perpetual attachment which is due from all natural-born subject to their sovereign; local allegiance is temporary only, being due from an alien or stranger born for so long a time as he continues within the sovereign's dominions and protection, Fost. 184....
country of former allegiance
country of former allegiance The previous country of citizenship of a naturalized U.S. citizen or of a person who derived U.S. citizenship. Source: U.S. Citizenship and Immigration Services ...
Local allegiance
Local allegiance, such as is due from an alien or stranger born, as long as he continues within the sovereign's dominions and protection; it ceases the instant such stranger transfers himself from this kingdom to another. But if an alien, seeking the protection of the Crown, and having a family and effects here, should, during a war with his native country, go thither, and there adhere to our enemies for purposes of hostility, he may be dealt with as a traitor, Fost. 115. See ALIEN....
Alien
Alien [fr. alienigena, alibi natus, Lat.], a person not born within His Majesty's dominions and allegiance (q.v.). See definitions in the British Nationality and Status of Aliens Acts, 1914 and 1933, infra. At common law aliens were subject to very many disqualifications, the nature of which is shown by the (English) Act of 1844, 7 & 8 Vict. c. 66, which greatly relaxed the law in their favour. It provided, inter alia, that every person born of a British mother should be capable of holding real or personal estate; that alien friends might hold every species of personal property except chattels real; that subjects of a friendly power might hold lands, etc., for the purposes of residence or business for a term not exceeding twenty-one years; and it also provided for aliens becoming naturalized.Alien, (UK) is a person who is neither a Common-wealth citizen nor a British protected person nor a citizen of the Republic of Ireland. Aliens therefore include both persons having the nationality ...
Oath
Oath [fr. ath, Sax.], an appeal to God to witness the truth of a statement. It is called a corporal oath, where a witness, when he swears, places his right hand on the Holy Evangelists.The Christian religion, though it prohibits swearing, excepts oaths required by legal authority (Art. Ch. of Engl. xxxix.). All who believe in a God, the avenger of falsehood, have always been admitted to give evidence, but the old rule was, that all witnesses must take an oath of some kind. Very gradually, however, the legislature has relaxed this rule, and the privilege of affirming (see AFFIRMATION) instead of taking an oath has now been universally granted by the (English) Oaths Act, 1888, by which--Every person upon objection to being sworn, and stating, as the ground of such objection, either that he has no religious belief, or that the taking of an oath is contrary to his religious belief, shall be permitted to make his solemn affirmation instead of taking an oath in all places and for all purpose...
expatriate
expatriate -at·ed -at·ing vt : to voluntarily withdraw (oneself) from allegiance to one's native country vi : to renounce allegiance to one's country and abandon one's nationality voluntarily ex·pa·tri·ate [-trē-ət] n ex·pa·tri·a·tion [ek-spā-trē-ā-shən] n ...
treason
treason [Anglo-French treison crime of violence against a person to whom allegiance is owed, literally, betrayal, from Old French traïson, from traïr to betray, from Latin tradere to hand over, surrender] : the offense of attempting to overthrow the government of one's country or of assisting its enemies in war ;specif : the act of levying war against the United States or adhering to or giving aid and comfort to its enemies by one who owes it allegiance trea·son·ous [-əs] adj ...
Nonjuring
Not swearing allegiance applied to the party in Great Britain that would not swear allegiance to William and Mary or their successors...
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