14 G. 3, c. 84. Preventing certain Inconveniences that may happen by Bills of Naturalization. and has not been absent longer than two months at one time during such seven years; and no bill of naturalization shall be received in either House of Parliament unless such clause is inserted. 24 G. 3, Sess. 1, c. 16. Discontinuing Petty Customs on Aliens' Goods. Sect. 1.-The duty commonly called the Petty Customs, imposed by 12 C. 2, c. 4, and all other additional duties imposed by any Act of Parliament upon the goods of aliens or strangers born, over and above the duties payable by natural-born subjects, shall cease and determine except as is hereinafter excepted. Sect. 2.-This Act shall not extend or be construed to repeal the duties payable by any Act of Parliament upon goods imported into or exported from this kingdom in any foreign ship or vessel, nor to the duties of package or scavage, or any duties granted by charter to the mayor and commonalty and citizens of London. SUPER. 3 & 4 W. 4, c. 66. See INFRA. 3 & 4 W. 4, c. 66. Purchase by the Treasury of the Duties of Package, Scavage, Balliage, and Porterage.l Sect. 1.-Lords of the Treasury may, out of the consolidated fund, purchase of the mayor, commonalty, and citizens of the city of London, the several offices or employments of package, scavage, balliage and porterage, and the fees and emoluments thereof. Sect. 2.-The sum agreed upon to be paid for the said offices shall be received as a full compensation for the loss of the fees and emoluments thereof; and on payment thereof the said offices and their future duties and emoluments shall cease." Sect. 3.-Nothing in this Act shall abridge the rights of the corporation of London under any charter or Acts of Parliament other than the said offices of package, &c. 6 & 7 W. 4, c. 11. Registering of Aliens. See Dig. Part I., tit. ALIENS. 6 & 7 V., c. 94. Exercise of Jurisdiction by H. M. in places not within Her Dominions. Sect. 1.-H. M. may exercise any jurisdiction which H. M. now hath, or hereafter may have within any place out of H. M.'s dominions, as if H. M. had acquired such power by cession or conquest of territory; and (Sect. 2) every act done in pursuance of such power shall be deemed to be as valid as though the same had been done according to the local law then in force within such country or place; and (Sect. 3) if in any suit or proceeding in any court, ecclesiastical or temporal, any question of law or fact should arise for the due determination thereof, it shall, in the opinion of the judge, be necessary to produce evidence of the existence of any such power, he is hereby authorized to transmit questions to one of H. M.'s principal secretaries of state respecting such matters as it may be necessary to ascertain. Sect. 4.-Any person having authority from H. M. in that behalf may cause any person charged with the commission of any crime within the places aforesaid, to be sent for trial to any British colony, and, on conviction, may punish him in the same manner as if the said crime had been committed within such colony: Provided always, that before such person be sent, he may tender any material evidence that he would be unable to produce on trial, which shall be taken down and transmitted: Provided also, that if the laws of the place in which the act was committed vary from those of the colony, the court may give effect to the laws by which such person would have been tried, so far as relates to the criminality of such act, or the nature or degree of the crime. i Package or scavage. The office of packing all manner of woollen cloths, and other merchandise belonging to aliens and denizens, was granted to the City of London in the reign of E. 4, also the office of portage or porterage of aliens' goods, with the fees and emoluments belonging to the said offices. Scavage, which signifies as much as showage, was a toll payable by aliens for the liberty to show or expose their goods to sale; which was granted about the same time to the City of London. These are now dis continued since the 3 & 4 W. 4, c. 66; see supra. Duties of package, &c.—These were aliens' duties which were saved to the City of London by the 24 G. 3, c. 16, abolishing aliens' duties called the Petty Customs; see supra, n. (i). m Shall cease.-Since this Act it has been held that the rights of the City of London to unshipping and porterage of aliens' goods imported into London, are wholly abolished, Collyer v. Stennett, 4 Man. & G. 676. 6 & 7 V., c. 94. Exercise of Jurisdiction by H. M. in places not within Her Dominions. Sect. 5.-Any person having authority derived from H. M. in that behalf may send any person convicted of any crime committed within any such place, to any British colony, where the sentence passed upon him may be carried into effect; and (Sect. 6) if any such offender be sentenced to be transported, such person having authority as aforesaid, may cause such offender to be brought to England to be transported. Sect. 7.-Any action brought against any person for anything done in pursuance of such power shall be commenced within six months after the fact committed, except where the cause of action has arisen out of H. M.'s dominions, then within six months after plaintiff or defendant has been within the jurisdiction of the court where the action is brought, and the same shall be brought in the county or place where the cause of action arose, except where it arose out of H. M.'s dominions, and the defendant shall be entitled to the like privilege of tendering amends, as justices of the peace may, under the 24 G. 2, c. 44, and may plead the general issue and give the special matter in evidence; and if the matter appear to have been done under such authority, and the action be brought after the time, or laid in any other country, the jury shall find for the defendant, and if the plaintiff discontinue, or become nonsuit, or a verdict pass against the plaintiff, the defendant may recover treble costs. Sect. 8.-Repeals so much of 6 G. 4, c. 33, as relates to H. M.'s consuls in the Levant, and the whole of 6 & 7 W. 4, c. 78, as to consuls in the Ottoman empire. 7 & 8 V., c. 66. Amending the Laws relating to Aliens. Sect. 1.-Recites the 12 & 13 W. 3, c. 2; 1 G. 1, St. 2, c. 4; 14 G. 3, c. 84, and repeals so much of the respective Acts as are inconsistent with the provisions of this Act. Sect. 2.-Repeals the whole of 1 G. 1, St. 2, s. 2, see ante, p. 13. Sect. 3.-Every person now born, or hereafter to be born, out of H. M.'s dominions, of a mother" being a natural-born subject of the U. K., shall be capable of taking to him, his heirs, executors or administrators, any estate real or personal, by devise, purchase, or inheritance of succession. Sect. 4.-Every alien being the subject of a friendly state may take and hold every species of personal property whatever, except chattels real, whether by purchase, gift,a bequest, representation, or otherwise, as fully and effectually, to all intents and pur n Mother being a natural-born subject.-To entitle a child to inherit as a natural-born subject, under the 25 E. 3, (see Dig. Part III., tit. INHERITANCE,) it was necessary that both the parents should be natural-born subjects, and that the mother should go abroad with the consent of the father, [see Dig. Part III., tit. INHERITANCE, (Law)]; but the 4 G. 2, c. 21, gives the privileges of natural-born subjects to children, where the fathers only are natural-born, and the mothers aliens; but before this Act (the 7 & 8 V.) no such privileges could be enjoyed by children whose mothers only were natural-born subjects, the fathers being aliens, see Dig. Part III., 186; Duroure v. Jones, T. R. 300. An Every species of personal property. alien is entitled, at common law, to hold all personal property except leaseholds; but by the 3 & 4 W. 4, c. 66, now the 8 & 9 V., c. 89 (see post, tit. SHIPPING), he is prohibited from being owner of a British ship, contrary to the recommendation of the committee of the House of Commons; see Hansard on Aliens, Append. 212. P Except chattels real.-At common law, if an alien were a merchant, he might purchase a lease for years of a house for his habitation, and the Queen should not have it as long as he inhabited there, 1 Inst. 2 b; but if he departed the realm without leaving servants in the house, it should go to the Crown, Dy. 2, b., in margine; so if he died, the executors or administrators should not have it, 1 Inst. 2 b.; so, although he were a merchant, yet if he purchased land, the Queen should have it, ib.; or if he were not a merchant, and purchased a lease of a house, ib.; but see now 39 & 40 G. 3, c. 88; Dig. Part I., tit. ESCHEAT; also further, INFRA, n. (r). By gift.-Although marriage is a gift in law of a term for years to any subject, yet it does not appear to be so in the case of an alien, for it is said that if the possibility of a term be limited to A for life, and afterwards to B, the wife of an alien, it does not vest in the alien, 1 Com. Dig. tit. ALIEN (C. 4), citing Eq. Cr. 104; but in Theobalds v. Duffoy, 9 Mod. 104, which appears to be the case cited by Comyn, the point is so stated arguendo, but not decided. By bequest.-Before this Act, an alien friend might take a legacy left to him, but a legacy to an alien enemy has been held to be forfeitable to the Crown, Atty. Gen. v. Weedon, Parker, 267; but there must be a commission and inquisition to entitle the queen, and a peace before inquisition discharges the forfeiture, ib. By representation.-It was settled before this Act that an alien friend might be an executor, Caroon's Case, Cro. Car. 8; but it was not so settled that an alien enemy might be such; in an anonymous case, Cro. El. 142; S. C. Ow. 45; in an action of debt by an executor, alien enemy was held to be a good plea, but the current of 7 & 8 V., c. 66. Amending the Laws relating to Aliens. poses, and with the same rights,' remedies, exemptions, privileges and capacities, as if he were a natural-born subject. Sect. 5.-Every alien now residing in, or hereafter coming to reside in any part of the U. K., and being the subject of a friendly state, may, by grant, lease, demise, assignment, bequest, representation, or otherwise, take and hold any lands, houses, or other tenements, for the purpose of residence or of occupation by him or her, or his or her servants, or for the purpose of any business, trade, or manufacture, for any term of years," not exceeding twenty-one years, as fully and effectually to all intents and purposes, and with the same rights, remedies, exemptions, and privileges, except the right to vote at elections for members of Parliament, as if he were a natural-born subject. Sect. 6. Upon obtaining the certificate and taking the oath hereinafter prescribed, every alien now residing in, or hereafter coming to reside in any part of G. B. or Ire., with intent to settle therein, shall enjoy all the rights and capacities which a natural-born sub authorities has since been the other way; see Watford v. Masham, Moor. 431; Brocks v. Phillips, Cro. El. 684; Richfield v. Udall, Carter, 48, 191; Villa v. Dimock, Skinn. 370; and see further, 1 Wms. Exs. 163, n. (1), 3d. ed. The same rights, &c.—Before this Act it was agreed that an alien friend might make a will of his personalty, Caroon's Case, Cro. Car. 8; so an alien enemy, with the licence of H. M., Anon. 1 Lutw. 34; if he dies intestate, his personal property here will be disposable according to the laws of the country in which he was domiciled at the time of his death, Burn v. Cole, Ambl. 415; so the will of an alien who is domiciled abroad, but has property here, will not be subject to legacy duty, Re Bruce, 2 Cr. & Jer. 451; but if domiciled here, or if he dies possessed of property here, and it be necessary to prove the will here, it will be liable to probate duty, ib. For any term of years.-This virtually repeals the 32 H. 8, c. 16, s. 13, which prohibits the granting a lease to, or the taking a lease by, an alien artificer; but this prohibition was held not to extend to a mere agreement for a lease; see Dig. P. II., tit. ALIENS. Upon obtaining the certificate, &c.-Before this Act there were but two ways by which aliens could acquire the rights of natural-born subjects, namely, by denization and naturalization; denization was by the queen's letters patent called letters of denization, and naturalization by Act of Parliament, which was more complete than the former; for the children of a denizen, born before the denization, could not inherit, only those born after, but if a person were naturalized, he, in all respects, inherited as a natural-born subject, 1 Inst. 8 a, 129 a; Godfrey v. Dixon, Cro. Jac. 539; Anon., Sty. 139. A similar mode of obtaining the privileges of natural-born subjects as that prescribed by this Act, was adopted in the reign of Queen Anne (see ante, p. 12), but the Act by which it was authorized was afterwards repealed. * All the rights and capacities.-In order to understand what is comprehended under these words it will be necessary to consider the disabilities which an alien lies under. An alien cannot make a feoffment grant or lease, 1 Inst. 42; so, although an alien may purchase lands, yet he cannot hold them, but until office found, he is seised, 1 Leon. 47; and it must be an office of entitling to vest the land PART IV. in the Queen; an office by a commission under the Exchequer seal is not sufficient, Page's Case, 5 Co. 52; so if an alien purchase in the name of a trustee, the Queen cannot be entitled by inquisition, but she must sue in Chancery to have the trust executed, 1 Roll. Abr. 194; R. v. Holland, Sty. 20, et. seq.; Atty. Gen. v. Sands, Hard. 495. So as an alien cannot hold for himself, he cannot stand seised in trust for another, or make a good conveyance to a purchaser; and therefore, where an alien devisee in trust joined with his co-trustee in the conveyance of the trust estate, and after the conveyance, in order to confirm the title, procured an Act of naturalization, it was held that the estate being out of the alien at the time of the conveyance, and the Act being silent as to it, the vendee was in no better condition than the alien, Fish v. Klein, 2 Mer. 431; and although the vendors in this case wished to have retrospective words introduced into the Naturalization Act, yet a departure from the common form was found impracticable, 1 Bac. Abr. tit. ALIENS, (C.), by Gwillim, and Dodd, p. 174. So a cestuique trust, being an alien, cannot take under a devise to trustees in his favour where land is the subject of the devise, although the trustees have a power to sell the land and stand possessed of the produce of the sale for him, Fourdrin v. Gowdey, 3 My. & K. 388; sed secus, where there is a direction to sell the land out and out, so as to make the conversion of land into money, in that case the party, being an alien, will be entitled as against the Crown, to the produce of the land as to other personalty, Du Hourmelin v. Sheldon, 1 Beav. 79. On the principle that an alien cannot hold, an alien husband cannot claim to be tenant by the curtesy; see Law of Real Prop. § 1096. So an alien cannot have heirs; but where real property is situated in any place ceded to the Queen, the same will descend, as in the case of British subjects, Lyons (May.) v. E. I. Comp., 1 Moore, Priv. C. C. 175; so the son of an alien, born in England, whose mother is a natural-born subject, will succeed as heir to his mother, Harg. Co. Litt., 12 a, n. (7); but before this Act, where the son in such case was born abroad, he could not have inherited to his mother; see ante, n. (n); and also further, Dig. Part III., tit. INHERITANCE. The only exceptions to the rule that an alien may hold land have been created by statute; as C 7 & 8 V., c. 66. Amending the Laws relating to Aliens. ject can enjoy or transmit, except that such shall not be capable of becoming of H. M.'s Privy Council, nor a member of either House of Parliament, nor of enjoying such other rights and capacities, if any, as shall be specially excepted in and by the said certificate. Sect. 7.---Any such alien as aforesaid may present to one of H. M.'s principal Secretaries of State a memorial, stating the age, profession, trade, or other occupation of the memorialist, and the duration of his residence in G. B. or Ire., and all other the grounds on which he seeks to obtain any of the rights and capacities of a natural-born subject, and praying that a certificate may be granted in manner as hereinafter mentioned. Sect. 8.-Every such memorial shall be considered by the said Secretary of State, who shall inquire into the circumstances of each case, and receive all such evidence as shall be offered, by affidavit or otherwise, as he may deem necessary or proper for proving the truth of the allegations contained in such memorial, and may, if he so think fit, issue a certificate, reciting such of the contents of the memorial as he considers to be true and material, and granting to the memorialist, upon his taking the oath hereinafter prescribed, all the rights and capacities of a natural-born subject, except as hereinbefore excepted. Sect. 9. Such certificate shall be inrolled for safe custody as of record in the High Court of Chancery, and may be inspected, and copies thereof taken under such regulations as the Lord Chancellor shall direct. Sect. 10. Within sixty days from the day of the date of such certificate, every memorialist to whom rights and capacities shall be granted thereby shall take and subscribe the following oath; that is to say, "I, A. B., do sincerely promise and swear, that I will be faithful and bear true allegiance to H. M. the Queen Victoria, and will defend her to the utmost of my power against all conspiracies and attempts whatever which may be made against her person, crown, or dignity, and I will do my utmost endeavour to disclose and make known to H. M., her heirs and successors, all treasons and traitorous conspiracies which may be formed against her or them; and I do faithfully promise to maintain and support and defend, to the utmost of my power, the succession of the Crown, which succession, by an Act intituled An Act for the further Limitation of the Crown, and better securing the rights and liberties of the subject,' is, and stands limited to the Princess Sophia, Electress of Hanover, and the heirs of her body, being Protestants, hereby utterly renouncing and abjuring any obedience or allegiance unto any other person claiming or pretending a right to the Crown of this realm. So help me God." Which oath shall be taken and subscribed by such memorialist, and shall be duly administered to him or her before any of H. M.'s judges of the Court of Q. B. or C. P. or Exch., or before any master or master-extraordinary in Chancery; and the judge or other person before whom such oath may be administered, shall grant to the memorialist a certificate, duly signed, of his or her having taken and subscribed such oath accordingly. Sect. 11.-The several proceedings hereby authorized to be taken for obtaining such certi where, under the 13 E. 1 (see ante, p. 10), he may extend land, and the Queen shall not have it, Dy. 2 b. in marg.; or he may hold land as a mortgagee under the 13 G. 3, c. 14 (see ante, p. 13). As to the right of bringing or defending actions, an alien friend might bring all personal but not any real actions, and so might an alien enemy, provided he had a licence to trade; but it is necessary that the licence should be fully proved, Boulton v. Dobree, 2 Campb. 163; so an alien enemy would not, as a rule, be allowed to effect an insurance on his goods, Brandon v. Nesbitt, 6 T. R. 23. What relates to alien enemies remains as it was before this Act, which applies only to alien friends, from whom all the disabilities above mentioned are thereby removed, and all others except those expressly stated. ** Shall be inrolled.-Ord. in Chan., Dec. 7, 1844. "I do hereby direct that any person desiring to inrol a certificate issued by one of H. M.'s principal Secretaries of State, pursuant to the statute of 7 & 8 V., c. 66, shall produce to the secretary of the Master of the Rolls the same certificate, together with a certificate of a judge, or of a master, or master extraordinary in Chancery, to be indorsed thereon, or written at the foot thereof, that the oath directed by the statute to be taken, has been taken and subscribed by the memorialist to whom the certificate has been granted by the Secretary of State; and that, thereupon, and after obtaining a fiat for that purpose from the Master of the Rolls, the clerk of the inrolments shall inrol the said certificate issued by the said Secretary of State, and also the said certificate of the said judge, &c.; and that the same, then inrolled, may be inspected, and copies thereof may be made in the same manner as in the case of other documents inrolled for safe custody in Chancery. Lyndhurst, C." 7 & 8 V., c. 66. Amending the Laws relating to Aliens. ficate shall be regulated as the Secretary of State from time to time shall direct; and (Sect. 12) the fees payable in respect thereof shall be fixed by the commissioners of H. M.'s treasury. Sect. 13. All persons who have been naturalized before the passing of this Act, and have resided in the U. K. during five successive years, shall be deemed entitled to enjoy all the rights and capacities of British subjects, as may be conferred on aliens by the provisions of this Act. Sect. 14.-Nothing in this Act shall be construed to prejudice any rights or interests at law or in equity, whether vested or contingent, under any will, deed, or settlement executed by any natural-born subject before the passing of this Act, or under any descent or representation from or under any such natural-born subject who died before the passing of the Act. Sect. 15.—So nothing in this Act shall be construed to take away or diminish any right, privilege, or capacity heretofore lawfully possessed by or belonging to aliens residing in G. B. or Ire., so far as relates to the possession or enjoyment of any real or personal property, but they shall continue to enjoy the same in as ample a manner as before the passing of the Act. Sect. 16.-Any woman now married, or hereafter to be married to a natural-born subject or person naturalized, shall be deemed to be herself naturalized, and to have all the rights and privileges of a natural-born subject. APPRAISEMENT. WHO shall be deemed appraisers, and how they shall proceed in obtaining their licence, and making the appraisement, is regulated by 46 G. 3, c. 43; the amount of the duty on appraisements, by 55 G. 3, c. 184; and the exemption from duty, by 46 G. 3, c. 43, see Dig. Parts I. and II., tit. APPRAISEMENT; appraisement in case of distress for rent, by the 11 G. 2, c. 19, ib. tit. DISTRESS, and costs of such appraisements, by 57 G. 3, c. 93, ib. Part I. DISTRESS, tit. Costs; appraisements of army prizes, by the 2 & 3 W. 4, c. 53, ib. Part I. APPRAISEMENT, tit. Army Prizes; writs of appraisement, by the 7 & 8 G. 4, c. 53, ib. tit. Writ; the duty on appraisers' licences now, by 8 & 9 V., c. 76, see INFRA. 8 & 9 V., c. 76. Increase of the Duty on Licences to Appraisers. Sect. 1.—After reciting 55 G. 3, c. 184, which imposes a stamp duty of 10s. on appraisers' licences, it provides that the same shall be repealed, and after the passing this Act a duty of 21. shall be levied in G. B. and Ire. in respect of a licence to exercise the calling of an appraiser, to be taken out by every person (except a licensed auctioneer) who for gain shall make any appraisement or valuation chargeable by law with any stamp duty. ARTS AND SCIENCES. The indemnifying members of certain societies called "Art-Unions," against Real or personal property. -The rights enjoyed by aliens in regard to property, both real and personal, have been specified in the preceding note; see p. 17, n. (x). Any woman now married.-The rights of wives, in regard to aliens, varied according as they were themselves aliens, or the wives of aliens. This section gives to an alien wife, by her marriage with a husband a natural-born subject, all the rights of a natural-born subject, and among other things entitles her to dower, which she could not claim under the old law, because as an alien she could not hold real property, unless she were the consort of the king, 1 Inst. 19 C.; Calvin's Case, or in some other cases, see Law of Real Prop. § 1127, by the licence of the king, Harg. Co. Litt. 31 C. n. (g). As to the rights of a woman married to an alien, she is not dowable out of any property he possesses during the marriage, because, being an alien, he cannot hold any property absolutely; see further as to the wife of an alien, ante, p. 16, n. (u). Shall make any appraisement.-As to the construction of these words, see Dig. Part II., APPRAISEMENT, p. 87, n. (a). |