A L I 



A L I 



within the realm ; nor fliall be enabled to claim any edate 

 or iiitercft, unlefs the claim be made within five years after 

 the fame (hall accrue. The children of aliens born in Eng- 

 land are, generally fpeaking, natural born fubjefts, and 

 entitled to <fll the privileges of fuch. i Comni. 373. 



By the llat. 11 and 12 W. III. cap. 6. all perfons being 

 the king's n?.tural born fubjeds, may inherit as heirs to 

 their anceftors, though their ancellors were aliens. Children 

 of an ambalTador in a foreign country by a wife who is an 

 Englilh woman, are natural born fubjcfts by the common 

 law. 7 Rep. II. And if an Englilli mercliant living beyond 

 fea, marnes a wife there, and hath a child by her and dies, 

 this child is born a denizen, and Ihall be heir to him, not- 

 withft.ii;ding the wife be an alien. Cro. Car. 60J. Perfons 

 born in EnghlTi plantations are natural born fubjects. 



An alien can hold no land by defcent or purchafe, or be 

 tenant by courtefy, or in dower ; and if he purchafe, 

 the king iliall have it ; but he may purchafe a houfe for 

 years for habitation, during his refidence, as necefiury for 

 trade. If an alien merchant leas-es the kingdom, the king 

 fliall have the leafe ; if he be no merchant, the king fhall 

 have his leafe for years, though it were for his habitation ; 

 and by the llat. 32 Hen. VIIL there is a penalty for letting 



houfes to aliens. 5 Rep. 502 7 Rep. 18. — 1 Inll. 2. I2y. 



— 2. lull. 741. 



By 13 Geo. III. c. 14. aliens are enabled to lend money 

 on the fecurity of mortgages of eftates in tlie Weft India 

 colonies, and may have every remedy to recover the money 

 lent, except foreclofing the mortgage and obtaining pofTeffiou 

 of the land. 



A dcvife of lands to an alien is void ; and if a man be 

 bound to an nhen enemy in a bond, it is void to him, but 

 the king rtiall have it. 



Ahens, however, may obtain goods and perfonal eftate 

 by trade, &c. and may bring aftions for the fame ; and 

 make a will and difpofe of their perfonal eftate ; but an alien 

 enemy cannot maintain any aftion whatever, nor obtain any 

 thing lawfully within the realm, i Bulft. 124. Terms de 

 Ley. 36. 



Aliens are not to be returned on any Jury ; but where an 

 alien is party in acaufe, the jury are to be half denizens and 

 half aliens, except in cafes of high treafon. 2 Inft. 17. 

 By flat. 27 Ed. III. c. 8. if both parties are aliens, the 

 inqutft fiiall be all aliens. By the ftat. 12 W. III. cap. 2. 

 aliens are i.icapable of being members of parliament, or of 

 enjoying oifices ; neither have they. any vote for the cleftlon 

 of members. Hob. 271. Ahens likewife are by feveral 

 acls of parliament put under feveral other reftriftions, with 

 regard toexercifing trades, taking apprentices, and are like- 

 wife difabled from being fadlors in the plantations, &c. See 

 Denizen and Naturalization. 



A very great influx of Frenchmen into England having 

 been occafioncd in the years 1792 and i7(;-<, by the troubles 

 in France, and there being caufc to fulpeft that fome of 

 them were fent here for dangerous and unjulliliable pur- 

 pofes, an aft was puffed, llr.t. 33 Geo. III. c. 4, commonly 

 called the Arien-lill, compe!li}ig the mafters of fhips arriving 

 from foreign parts, under certain penalties, to give an ac- 

 count at every port of the number and names of every fo- 

 reigner on board to the cuftom-houfe officers ; appointing 

 juflices and others to grant paffports to fueh aliens ; and 

 giving the king power to rcftraiu and to fend them out of 

 the kingdom on pain of tranfportation, and on their return, 

 of death. The fame aft alio dircfts an account to be de- 

 livered of the arms of aliens, which, if required, are to.be 

 delivered up, and aliens were not to go fiora one place. to 



another in the kingdom without paffports. TKis aft was 

 continued by feveral fubfequents acts; by 38 Geo. III. 

 c. 50, to AuTf. I, ifioo, and from thence to the end of the 

 then next f.ilion of parliament, and by 41 Geo. III. c. 24. 

 till fix Pout! s after the conclulion of a general peace. 



Ami ns duly, an inipoft laid on all goods imported into 

 England, by aliens, or denizens, and even onccitain goods 

 imported by natural fubjefts, if they be brought on foreign 

 bottoms, over and above what is paid far the fame good* 

 imported by Britilh, and in Britiih fhipping. 12 Stat. 

 Car. II. 



Aliens duty is otherwife called prtly cufloms, and naviga- 

 tion duly. This was firft grar.tt.d in 31 Ed. I. 



Fifli, dried or lalted, and cod-iilh, or herring, not caughc 

 in Britifli veffels, and cured by Britidi, pay a double aUns 

 duly. 



Aliens duty outwards, is taken off by the following afts. 



12 Car. II. cap. 4 25 Car. II. cap. 6 — 5 Ann, cap. 27. 



— 6 Ann, cap. ]0 — 7 Ann, cap. 7. — 9 Aim, cap. 6.— 

 8 Geo. I. cap. 15 — u Geo. I. cap. 59. 



Scavnge, package, and haliiage, payable to the city of 

 London, ai'e properly alien duties. On what footing aliens 

 are permitted to import foreign commodities- into Great- 

 Britain. See Duty. 



Alien is fometimes ufed, in UrtdJlc jigc IVriters, for 

 exempt. Du-Cange. 



Alien-i^tov, ov alien friend. See Alien. 



Alien priories, a lubordinate kind of monaRerirs in 

 England, belonging to, and independent on, other nionaf- 

 teries in foreign countries. In the reign of Hem-)- V. the 

 alien priories, or abbies for foreign monks were fupprefled, 

 and tiieir lands given to the crown. Vide Dudg. Monaft'. 

 Abr. p. 44. 



ALIENATION, Alienatio, in Law, the aft of 

 making a thing another man's ; or the altering or trans- 

 ferring tlie property, and pofleffion of lands, tenements, or 

 other things from one man to another. 



To alienate, or alien in Mortmain, is to make over lands 

 or tenements to a religious community, or other body politic. 



To iiHenate in Fee, is to fell the fec-fimple of any land, 

 or other incorporeal right. 



All perfons who have a right to lands may generally alien ■ 

 them to others ; but fome alienations are prohibited : fuch-. 

 as alienations by tenant for life, &c. whereby tlity incur a. 

 foifeit lire of their eftate. i [nft. u8. 



Ly the ftatutc of Edward 1. a bar was put to alienations 

 by what we rail entails, which is an expedient for ])rocuring 

 perpetuities in families ; but counter-expedients were devifed 

 to defeat this intent, and a praftice was introduced of cutting 

 off' entails hyjines, and of barring remainders and rcverfions • 

 by reeoveries. 



Eftates in tail, for life or years, where the whole intereft.- 

 is not parted widi, may be made with condition notto alien 

 to others, for the prefervation of the lands granted in the 

 hands of the firft granter. 



The ftatute for alienations in Henry the Seventh'*' 

 time, had a great effeft on the conftltution of this kingdom : 

 as among other regulations of that reign, it tended to throw 

 the balance of power more into the hands of the people. 

 By the ftat. 12 Car. II. cap. 24. fines for ;Jietiations are 

 taken away; except fines due by particular cuftoms of manors. 



Crown lands are only alienable uudera faculty of perpe- 

 tual redemption. 



The council of Lateran, held in 1123, forbids any clerk 

 to alienate his benefice, prebend, or the like. 



By the hvri of the ancient Jews, lands could only b» 



alienated ■ 



