Sidebilder
PDF
ePub

ALIEN.-(continued.)

general outline of the law relating to aliens in time of peace.—(continued.)
concise historical view of the regulations affecting aliens in their com-
merce, &c., 131 to 140.

practical view of the existing regulations affecting aliens, 140.

1. as to his residence, liability to search, &c.

1. with respect to alien traders themselves, 140.

2. with relation to the alien apprentices, journeymen, and
servants, 140.

2. as to the regulations of alien merchants trafficking with others, 145.
1. the description of persons with whom alien merchants may
traffic, 145.

2. the time within which his commercial transactions must be
closed, 146.

3. the places where he may exercise his occupation, 146.

4. the description of goods, or the employment he may deal
in, 148.

1

1. what goods he cannot deal in within the realm, 148.
2. what goods he cannot export, or in what occupa-
tions he cannot be concerned, 150.

3. in what goods part of alien's capital must be in-
vested, 152.

4. what goods may be sold by him, wholesale or
retail, 159.

5. the extra duties to which aliens were subject, 160.

3. what interest in real property an alien may acquire, 162.

4. protections to aliens and their property. 167, 8.

more particular subdivisions and miscellaneous points.

king cannot impart inheritable blood to an alien by granting letters of
denization, 121.-(See " Denizen.")

cannot take land by purchase or devise, 121.

reasons why not, 121.-(See "Land.")

rights of an alien become naturalized, 124.—(See

“ Naturalized Subject.”)

general naturalizing acts for aliens, 125.

employed in southern whale fishery, when become naturalized, 125.

protestant, serving in royal American regiment, 125.

whilst in a foreign state, owes allegiance to that state, 129.

concise history of commercial regulations affecting aliens.

the common law jealous of foreigners, 131.

in early periods could not reside in England, 131.

except by special warrant, 131.

obliged to employ their landlords to buy and sell for them, 131.

and might be arrested for another alien's debt, 131. 134.

merchants could not sojourn in the land beyond 40 days, 131.-(See
"Merchant Stranger.")

may at this day be sent home at king's will, 131.

relaxations made in favour of commerce, 132.-(See " Shipping." "Com-

merce." "Merchant Stranger.")

enabled to recover their debts summarily, 134.

may hire houses and dispose of their goods, 134.

may remove their goods in time of war, 134.

enactment of 27 Edw. 3. st. 2. c. 17. respecting, 134, 5.

a court to try mercantile causes, composed partly of foreigners, was esta-

blished by 36 Edw.3., 135.

further confirmation of their privileges, 135.

privileges abridged, 136.

the history of their abridgment, 136, 7.

ALIEN.-(continued.)

concise history of commercial regulations respecting aliens.—(continued.)
consequences of these impolitic abridgments, 137, 8.

policy of Elizabeth and James I. respecting aliens, 138, 9.
their abridgments removed by subsequent statutes, 139.

practical view of regulations respecting aliens.

first, as to their residence here, and their apprentices and workmen, 140.
artificers to pay same charges as king's subjects in same trade, 142.-(See
"Artificer.")

children of alien cannot be traders, 143.

police regulations for residence of aliens, 143.

a nation has jurisdiction over aliens residing in her state, 79.

forfeits property and right of action, if concerned in prohibited trade, 81.
-(See "Commerce.")

the seizing of such property is just, 81.

if alien sell goods to British subject, and assist him in smuggling same,
he cannot recover price, 82.

otherwise where he is not concerned in attempt to smuggle, 82.

may be proceeded against for breach of the revenue laws of a state, 82. 84.
-(See "Revenue.")

may be excluded from fishing by right of dominion over sea, 102, 3.—(See
"Port.")

aliens not entitled to same privileges as natural-born subjects, 108.

who are natural-born subjects of the Crown of England, 109.

who are aliens born, 109.

children of aliens, born here, are natural-born subjects, 109.

principle on which the rule proceeds, 109.

what is to be understood by king's protection, or allegiance, 110.-(See
"Allegiance." "Subject.")

who are natural-born subjects, 110.

by common law, 110 to 114.

who declared natural-born subjects by statute, 114 to 120.-

"Subject.")

artificer teaching his trade abroad to be deemed an alien, 117.

alien duty repealed, 117.

-

(See

if mother a natural-born subject, and father an alien, the issue born abroad
are aliens, 118.

natives of a state, born after annexation to England, are not aliens,
119.

summary of law in regard to aliens and subjects, 119.

the above to be considered as applicable only to king, as king of Great
Britain, 118.

does not extend to him as elector of Hanover, 118.

last act establishing police regulations for, 143.

provision of the act, 143, 4.

king, by proclamation, may order them to depart the realm, 144.

in case of refusal, be may be arrested, 144.

to be reported on their arrival here, 144.-(See "Master.")

must likewise report himself, and his designation, 144.

if he omits, he may be sent back again or imprisoned, 144.

other duties of alien in coming into the kingdom, 144.

regulations respecting the apprentices, journeymen, and servants of
aliens, 144.

secondly, regulations as to aliens traffic with others.

1. with whom alien may trade, 146.

2. the time within which his commercial transactions must be negociated,

146.

ALIEN.-(continued.)

practical view of regulations respecting aliens.-(continued.)
secondly, regulations as to aliens traffic with others.—(continued.)

3. the places where he is permitted to traffic, 146.

au alien cannot be a merchant or factor in plantations, 148. 152. 212.
4. the description of goods he may sell, or employment he may be engaged
in, 148. 152.

1. what goods he may sell within realm, 148.

2. what goods he may export, 150.

3. in what goods he must invest part of his capital, 148.

4. what goods he may sell wholesale or retail, 159.

5. the duties payable by alien or denizen, 160.

advantages resulting to, from being employed in the fisheries, 161.-(See

"Fishery.")

when he may be considered as a British mariner, 161.

when alien may import ships' tackle, &c. 161.

thirdly, what interest in real property an alien may acquire, 162.

real property defined, 162.

in general cannot be holden by alien, 162.

he may take land by purchase, though he cannot hold it, 162.
why not, 162.

so if he purchase land and die, 162.

how and when it vests in the king, 162.

until which he is seised, and may bring actions for injuries done to it,

162.

but he cannot take it by descent. 162.

or by any other right by act of law, 162.

cannot inherit at common law, 162.

nor by statute, except made denizens or naturalized, 162.

Lord Hale's judgment in reference to this case, 163.

as to dower by alien widow, 163.

cannot be tenant by the curtesy, and why not, 163.

tenancy by the curtesy defined, 163:

general rule of law in this respect, 164.

reasons why aliens in general are excluded, 164.

fourthly, protection afforded to, and restraints imposed on aliens and their pro-

perty by our law, 167.8.

alien friend, resident here, subject to municipal law, 167.

he may sue for an injury done him, 167.

he may be executor or administrator, 167.

are subject to and have the advantages of the bankrupt laws, 167.
property of alien resident abroad, in the public funds, subject to the court
of chancery, 167, 8.

how his property is distributed when the dies abroad, 168.

how far restrained from becoming part owner in British vessels, 258.'
employed in the southern whale fishery, how to gain the privileges of
British subjects, 346, 7.-(See "Whale Fishery ")

bringing their vessels into this country for the whaling voyage, 346, 7.
importation of oil, produce of marine animals, 347.

bond in this case, 347.

contract with alien enemy, how far void or otherwise, 381, 2.-(See
"Contract." "War.")

choses in action and contracts of alien enemy, how far affected during
war, 424, 506, 7.—(See " Contract.")

subject to the alien acts, may come into the kingdom without passport,
&c., 492.-(See "Passport.")

otherwise if an alien enemy, 492.

ALIEN.-(continued.)

practical view of regulations respecting aliens.-(continued.)

fourthly, protection afforded to, and restraints respecting aliens and their pro-
perty by our law. (continued.)

may be interested in a policy of insurance, trading under king's license,
without vitiating it, 507.

but he cannot sue on it in his own name, unless he is resident here, 507.
of his trade to the East Indies, 672.-(See "East Indies.")

ALIEN ENEMY.—(See " War,"

"Hostile Character," "Contract," "Alien," &c.

ALLEGIANCE,(See " Subject," "" Alien,” “Naturalized Subject.")
meaning of this term in general, 110.

observations on the word, as used in the stat. 7 Ann. c. 5. 115, 6.
this word further explained by stat. 4 Geo. 2. e. 21. 116.

how far naturalized subjects bound in their allegiance to their own natural
state, 129.

nemo potest exure patriam, 129.

cannot be thrown off by any act of the subject, 129.

case of Angus Macdonald, who was convicted of high treason, 129.

local allegiance defined, 130.

natural allegiance defined, 130.

alien on taking oath of, when he may carry on trade in colonies, 152.

how far it makes a temporary or permanent alien enemy, 394.-(See " Enemy.")
ALLY,-(See "War," "Commerce," "Hostile Character.")

how far illegal for an ally to trade with enemy, 383.

same rule applies as in case of British subject, 383.

principle on which rule founded, 383.

cases where it has been applied, 383.

but where British subject resides in neutral state, he may carry on a trade
with enemy, 383.

relaxations admitted, where one state only is at war, 383.

[ocr errors]

attempts to elude rule unavailing, 384.-(See Commerce.")
ought to attempt the recapture of his friend's property, 429.-(See "Recapture.")
neutral may not trade between enemies country and the colony of his ally, 472.
as to licenses to trade during war, granted by an ally, 506.- (See " License.")

AMALPHI,-(See " Customary Law.")

commercial code compiled by the people of, 35, 6.
principally collected from the Rhodian law, 36.

AMBASSADOR,-(See "Consul.”)

may annul a treaty, 46.

in event of his nation rejecting person sent as eoneul, is to make requisition
for another, 55.

in absence of, consul may demand audience of ministers, 63.

consul has not the same privileges as an ambassador, 70.

the children of, and his attendant, born in a foreign atate, considered natural
born subjects, 110.

the principle on which the rule proceeds, 112.

from a foreign court could not come into England without license and safe
conduct, 131.

how far not affected by stat. 17 Edw. 4. c. 1. respecting exportation of bullion
by, 154.

of an enemy, at neutral court, may recover dispatches by neutral vessel, 461.
-(See "Dispatch.")

favoured by the law of nations, 462.

AMENDMENT,

of reports, 745.-(See " Report inwards.")

AMERICA, (See "United States of America.”)

the continent and islands of, considered as one place by custom house,
207.

and there is no distinction, in this respect, between British and foreign Ame-
rica, 207.

AMMUNITION,

none of any kind can be imported without king's license, 529.

all kinds of, may be imported in any quantities, 544.
may be imported from Ireland, 544.-(See "Stores.")

exportation of, prohibited by proclamation from his Majesty, 584.

APPAREL,

as to the duties on wearing apparel, if exported or imported, 710.

none in general demandable, 710.

decision shewing the point, which went on ground that it was not to be con-

sidered merchandize, 711.

letter of the board of treasury on the subject, 711.

this letter allows all baggage to be brought in duty free, 711.

except East India articles, 711.

but they must appear to have been worn, and not made up on purpose for
introduction into country, 711.

if this does not appear, they are liable to duty, 711.

if seised, may be be lodged in king's warehouses for six months, 711.

these regulations confined to cases where there has been no unlawful attempt
to unship, 711.

thus silk stockings, handkerchiefs, gloves, and shoes, have been admitted as
baggage, 711.

it must be reasonable, and according to rank of the party to whom the baggage
belongs, 711.

APPRENTICE,-(For general points see Indexes of next Volumes.)

no foreign artificer could take any but the king's subjects for, 144, 145.—(See
"Artificer.")

and can have only two alien apprentices, 145.

but king's subjects may, 145.

pewterer can have no alien apprentices, 145.

on a whaling voyage at what age he must be, 342.-(See "Whale Fishery.")
how far they are free from impress, 344. n. 1. 348.

whaler not having, not entitled to premium, 351.

conduct of them regulated, 351.

what sufficient proof of one being on board of a whaler, 360.

ARMS,-(See "Ammunition.")

may not be imported without king's license, 529.

cannot be exported if prohibited by king's proclamation, 584.

ARTIFICER, ENGLISH,-(See "Artificer Foreign ")

exercising his trade abroad is to be deemed an alien, 117. 130.
as to the seduction of them out of kingdom to foreign parts, 580.
illegal to seduce them to quit the realm, 580.

to what artificers the law extends, 580, 81.

punishment and forfeiture for, 581.

punishment and forfeiture for a second offence, 581.

« ForrigeFortsett »