Home >> Cyclopedia-of-law-vol-4 >> Acceptance Necessary To Complete to Partners Ex Emption >> Aliens

Aliens

Loading

ALIENS. An alien is a person born out of the jurisdiction of a country in which he lives and not naturalized therein. By a rule of law and construction the children of ambassadors, ministers, etc., though born out of the jurisdiction of their country, are yet citizens. And children born to citizens while temporarily sojourning in a foreign coun try are citizens of their parents' country, but they may elect to become citizens of the country where born.

Aliens at common law could not hold real property, and their right to personal property was precarious. The rights of aliens to hold real property are regu lated by the States, and with a few exceptions, where they have been limited as to the amount they might acquire in each county, they have the same right to acquire and hold property as citizens. The Congress of the United States has the power to confiscate the goods and properties of alien enemies, and in time of war may give the subjects of the power with whom we are at war a stated time to remove from our territory. But until so ordered out an alien may sue and be sued in our courts, both in peace and war; but they must obey the laws and are amenable to all laws of the juris diction in which they live. (Clark v. Morey, io Johns. 68; Brook v. Filer, 35 Ind. 4o2; McVeigh v. U. S., II Wall. 256.) During the war of rebellion, the inhabitants of the Northern and Southern States were enemies, and all contracts made between them during the continuance of hostilities were void. (Materson v. Howard, 18 Wall. 99; Mutual Ins. Co. v. Hilliard, 37 N. J. L. 444•) Contracts existing before the war were not ended or void, but the remedy was suspended, until peace was restored. (University v. Finch, 19 Wall. 1o6; Cohen v. New York Mutual Lifee, so N. Y. 61o.)

citizens, war and property