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Interpretation extend to qualify any person naturalized under its provisions to hold of the phrase any office or place of trust under His Majesty, His heirs or successors. "Natural-born As Mr. C. S.'s wish to proceed to India in the service of the Crown subject of Her Majesty," in was apparent in the face of the licence, the Commissioners thought Regulations for that these difficulties could not be overlooked; and they are glad that the result of the application made to Sir George Lewis has been so satisfactorily to remove them.

the Civil Service of India.

I am, &c.

SIR,

Mr. Maitland to Mr. Waddington.

3rd May 1860.

REFERRING to the certificate* granted by Secretary Sir George Lewis on the 18th of April last, under the Act 7 & 8 Vict. c. 66 (an Act to amend the laws relating to aliens), to Mr. J. E. R., of the county of Surrey,

in

I am directed by the Civil Service Commissioners to state that Mr. C. E. R., a son of the above-named Mr. J. E. R., born in the canton of Zurich, in Switzerland, on the 24th September 1838, is desirous of becoming a candidate for an appointment in the Civil Service of India.

For these appointments no person not being a natural born subject of Her Majesty can be admitted as a candidate, and a question arises as to the eligibility of Mr. C. E. R. It is apprehended that naturalization, if absolute, has a retrospective effect, and would give to children previously born the rights of natural-born subjects, but the Commissioners observe that the naturalization is in this case not absolute, there being an exception of "any rights and capacities of a natural "born British subject out of and beyond the dominions of the British "Crown, and the limits thereof, other than such as may be conferred upon him by the grant of a passport." The Commissioners do not feel perfectly certain that the power of transmitting to children though

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No.

* Form of Certificate of Naturalization referred to above.

7 & 8 Vict. cap. 66.

I hereby certify that

Secretary of State's Office, Whitehall, In pursuance of an Act passed in the Session of Parliament holden in the seventh and eighth years of the reign of Her Majesty Queen Victoria, intituled, "An Act to amend the Laws relating to Aliens." an alien now residing at

in that part of Great Britain called

has presented to me,

of State, a memorial, stating
Secretary of State, to grant to
mentioned:

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with intent to settle therein,

, one of Her Majesty's Principal Secretaries

, and praying me, as such the certificate therein

And whereas I have inquired into the circumstances of the case, and have received such evidence as I have deemed necessary for proving the truth of the allegations contained in such memorial:

Now, in pursuance of the power and authority given to me, as Secretary of State, by the said Act, I hereby grant to the aforesaid (upon taking the oath prescribed by the said Act), all the rights and capacities of a natural-born British subject, except the capacity of being a Member of the Privy Council or a Member of either House of Parliament, and except any rights and capacities of a natural-born British subject out of and beyond the dominions of the British Crown and the limits thereof, other than such as may be conferred upon him by the grant of a passport from the Secretary of State to enable him to travel in foreign parts; provided always, and I do hereby declare that all the before-mentioned rights and capacities of a natural-born British subject are granted to the aforesaid , upon the condition that he shall continue to reside permanently within the United Kingdom, and that if at any time hereafter he shall voluntarily be absent from the United Kingdom for a period of six months at any one time without licence in writing under the hand of one of Her Majesty's Principal Secretaries of State, he shall be deemed to have ceased to reside permanently within the United kingdom, and then and in such case this certificate and all the rights and capacities thereby granted shall absolutely cease and determine. In witness whereof I have hereto subscribed my name this day of

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born abroad, the character of natural-born subjects, may not be one of Interpretation the rights and capacities excepted in the certificate. of the phrase

They also observe that the grant to the individual naturalized is "Natural-born conditional on permanent residence in this country. The naturaliza- subject of Her Majesty," in tion of the son, though derived from that of the father, must it appears Regulations for be absolute if admitted to exist at all, and would not, it is presumed, be the Civil Seraffected by breach of the condition on the part of the father.

The Commissioners would not think it right to trouble Secretary Sir George Lewis with a new legal question, but they do not doubt that before the present form of certificate was settled, the effect of it was fully considered, and they feel sure that the interpretation which has been habitually given to it at the Home Office will be sufficient for their guidance.

I have, &c.

Mr. Waddington to the Civil Service Commissioners. GENTLEMEN,

Whitehall, 7th May 1860.

I HAVE laid before Secretary Sir George Lewis Mr. Maitland's letter of the 3rd instant, in which he inquires whether Mr. C. E. R., born in Switzerland on the 24th September 1838, to whose father a certificate of naturalization (7 & 8 Vict. c. 66) was granted on the 18th April last, is entitled to the rights of a natural-born British subject. And I am to inform you, that in November 1859 a case was laid before the law officers of the Crown as to the rights of the son of an alien, who had received a certificate of naturalization, and that they stated their opinion to be, that the son of an alien who was born abroad and attained the age of 21 years before his father obtained certificate of naturalization, is not entitled to any of the rights and capacities of a natural-born British subject.

I am, &c.

P.S. It would appear from Mr. Maitland's letter that it is assumed that the grant of a certificate of naturalization to an alien would qualify him to compete for a civil appointment in India. If this view is entertained, Sir George Lewis would be glad to be informed whether the law officers of the Crown or other high legal authority have given an opinion that a naturalized British subject is a natural born subject of Her Majesty for the purposes of the Act 21 & 22 Vict. c. 106. s. 32.

vice of India.

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SIR,

POST OFFICE.

Mr. Tilley to Mr. Maitland.

General Post Office, 23rd April 1861. THE Postmaster General having revised the regulations now in Proposed alterforce in regard to the examination of candidates for appointments in the ations in limits Post Office, I am directed by his Lordship to transmit to you, for the of age, &c. information of the Civil Service Commissioners, a tabular statement showing the qualifications which he proposes should be required from such candidates in future.

I am, &c.

Proposed alterations in limits of age, &c.

TABULAR STATEMENT showing the QUALIFICATIONS required of CANDIDATES for
JUNIOR APPOINTMENTS in the POST OFfice.

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* Candidates residing in the country will be examined by the Postmaster for the town situated nearest to their residence.

The maximum limit of age to be extended to 40, in the case of candidates for the appointment of Messengers, who may be in the receipt of a pension from the Crown for any previous services, whether civil or military.

Note.-Persons already employed in the Post Office will be eligible as to age for Civil Service appointments (Post Office), provided their age, when they were first employed, did not exceed the superior limit of age attached at that time to the situation to which they seek to be appointed.

SIR,

Mr. Maitland to Mr. Tilley.

4th May 1861.

ations in limits

of age, &c.

I AM directed by the Civil Service Commissioners to acknowledge Proposed alterthe receipt of your letter of the 23rd ult., inclosing, by direction of the Postmaster-General, a tabular statement showing the qualifications which his Lordship proposes should in future be required from candidates for situations in the Post Office.

1. Considering first the changes proposed in the limits of age, the Commissioners observe that the present maximum is in each case varied. The contemplated alterations are the following:

Third-class, Solicitor's office, London

30 instead of 24.

Other clerks, metropolitan and provincial 25

London letter-carriers

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24.

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Provincial messengers, sorters, and lettercarriers On these changes, so far as they apply to clerkships, the Commissioners have no observation to offer. The limit in most of the public departments is 25, and it is presumed that the peculiar requirements of the Solicitor's office render it desirable to admit candidates up to the age of 30. With reference to the change proposed in the limit for letter-carriers, the Commissioners have to submit, for the consideration of the Postmaster-General, the following remarks :

When the arrangements for the examination of letter-carriers under the direction of the Commissioners were originally made (in May 1856), the superior limit of age, both for metropolitan and provincial appointments, was fixed at 28. In November 1858 the subject was brought under the consideration of the Treasury by the Postmaster-General, who stated that much of the dissatisfaction which had been observed among the London letter-carriers appeared to be attributable to men entering the service beyond the age for which the minimum wages even of the existing scale were calculated, and who, having the burden of a family upon them, might in some cases find it really difficult to maintain themselves. On these and other grounds a reduction of the maximum to 20 was strongly urged.

The Treasury Minute on his Lordship's communication is dated 21st November 1858, and was officially communicated to this department. It states that there is great force in the reasons given by the Postmaster-General for a considerable reduction in the maximum age of admission, and adds that, "provided proper arrangements are made to secure a large choice of candidates physically and intellectually "qualified, the maximum age may be reduced to 21, which will make "the period of eligibility three years, as proposed by the Postmaster"General."

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Until the month of June 1859 the limit of age for provincial lettercarriers remained at 28, but in that month it was reduced to 24, the maximum for London appointments continuing as fixed by the Postmaster-General, with the concurrence of the Treasury, at 21.

The Commissioners hoped that the changes thus made were in the right direction, and had been found advantageous to the public service. They had observed with satisfaction that Mr. Trollope, when examined before the Select Committee of last session, on Civil Service Appointments, had said, in answer to the question, "Has not considerable in"convenience arisen in the appointment of provincial letter-carriers in England, on account of the limitation of age?"-"I think not, but great inconvenience arose before there was a limitation of age." The next answer is so important that the Commissioners reluctantly abstain

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Proposed alter ations in limits of age, &c.

from quoting it at length, but they content themselves with giving a reference in the margin.

The Commissioners had also further observed in the last Report of the Postmaster-General a remark on the good effects to be anticipated from the Superannuation Act, 1859, which (it is there stated) by providing pensions for a large class of Post Office servants who were not entitled previously to any allowance on retirement, has added another incentive to good conduct, and has relieved the department from the embarrassing alternative in which it was formerly often placed, of retaining in the service persons who, from age or infirmity, had become inefficient, or removing them without any provision for their declining years. In the opinion there expressed the Commissioners entirely concur; but they would suggest that in order to secure the intended advantage, it is necessary not only that there should be a provision, but that there should be an adequate provision, for superannuated officers. The data furnished by the Medical Report of 1859 (printed in the Appendix to the Report just quoted) lead, as might be expected, to the belief that letter-carriers become inefficient at a comparatively early age, and the amount of pension due to those who have entered at thirty or thirty-five will then be so small that it may be doubted whether the anticipated advantage will really be attained. It is, at any rate, probable that there will be many years during which the officer is, on the one hand, attaining a claim to increased superannuation, while he is, on the other hand, becoming less and less efficient in the discharge of his duties. If, however, it should turn out that retirement is not checked by the smallness of the pension allowed, the charge upon the revenue will be accelerated, and so far increased by the introduction of an older class into the public service.

The Report just quoted bears date 31st March 1860. In the month of June following the London limit was raised to 25, in order to meet a temporary emergency, and in the month of August the late PostmasterGeneral, when announcing his intention to throw open the metropolitan situations to invite candidates publicly to offer themselves for employment, proposed to fix the ordinary maximum at 24, it was at the same time intended that the standard of height should be raised, and that the services of the medical officer should be employed, not only in excluding candidates absolutely disqualified, but in selecting those best qualified.

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"1966. By limiting the age, as is now done, has not a difficulty arisen in finding persons of sufficient trust, and at the same time sufficiently young for your require"ments ?-I think not; no doubt if the appointments were open to all ages there "would necessarily be more applicants, but I think that any evil resulting in that way " is a great deal more than compensated for by the benefit that we derive from getting young men. We were very much impeded, at one time, by the kind of letter"carriers that we had. Gentlemen's servants, whom those gentlemen would no longer put up with, were appointed letter-carriers, and there was no mode of pensioning them, and then it became a hard task to get rid of them when they were altogether incapacitated by age. We have had many cases of that kind, and it was felt to be a "great grievance; but we have got rid of it now. I think that this is one of the "best of the new arrangements that we have made. Moreover, a man who does not come in young never makes himself really useful. I have lately had much to do "with Glasgow, Manchester, Liverpool, Dublin, and Edinburgh, and in those towns 66 we have got a very excellent set of young men ; so much so, that a gentleman from "the London office, who went to review some of those offices some time ago, expressed "himself as greatly gratified, and we think that that is owing very much to the regu"lation with regard to age. As a rule, we get very good young men in those large "towns.

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"1967. What is the present limitation of age for letter-carriers ?-Seventeen to 66 twenty-four."

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