180 



ALIENATION OF LAND, 



" lb. sec. 2. — On forfeiture of any such security made to 

 such foreigner or alien, and the non-payment of the money 

 so lent or due thereon, at the time therein stipulated, the 

 legal estate upon which such mortgage shall have been 

 granted, shall from thenceforth become vested in the pre- 

 sident of the council, the speaker of assembly and the 

 chief justice of this island, for the time being, upon such 

 trusts, and for such uses, intents and purposes as shall be 

 expressed in the original conveyances or securities made to 

 the foreigner, or alien, for the money lent, and it shall be 

 lawful for every such foreigner or alien, his heirs, execu- 

 tors, administrators or assigns, to bring and prosecute by 

 him or his lawful attorney, his action or bill, in any court 

 of law or equity in this island, in the names of the trus- 

 tees before mentioned, for the recovery of the money lent 

 and due upon such securities, by sale or otherwise, as 

 effectually as natural subjects may do ; and such trustees 

 are hereby required to allow their names to be used in 

 bringing or prosecuting such actions or bills for the pur- 

 poses aforesaid. Provided always, that no such foreigner 

 or alien, shall, by any means whatever, be entitled to ob- 

 tain, or enter into the actual possession of any such lands 

 or estates, or to foreclose the equity of redemption thereof." 



It will be perceived that an alien may take a mortgage, 

 but upon a forfeiture and sale, the property cannot come to 

 him. The proceeds, as far as they go to the satisfaction of 

 his claim, will be paid to him, but the property remains in 

 the custody of ex-officio trustees, indicated by the statute. 



