Capacity of aliens limited, sec 93.

Contracts with alien enemies void, sec 94.

Sec 98

As is shown more fully in another work,1 aliens, in all jurisdictions in the United States, have now the same civil rights, so far as concerns contracts, as citizens. The only limitation on their business capacity that remains is, that in some states they are prevented from holding real estate permanently unless they become residents, or declare an intention to become naturalized.2

Sec 94

A contract with an alien enemy, unless licensed by the home government, is void both in law and equity.3 Licenses are personal franchises, and are not transferable;4 and are to be limited to their specific objects.5 The subject of an alien state at war with the state of the forum may bring suit if his residence be permitted by the sovereign of the forum.6 And permission is to be inferred from non expulsion.7 As a general rule, however, trading without license with public enemies is void at common law;8 and the same rule applies to trading with belligerent insurgents.9 Contracts, previously valid, are suspended during hostilities.10

Capacity of aliens limited.

Contracts with alien enemies void.

1 Whart. on Conf. of Laws, sec 17.

2 See Phillips v. Moore, 100 U. S. 208 ; Hanenstein v. Lynham, 100 U. S. 483.

3 Infra, sec 473-8 ; Roll. Ab. Alien, B. ; 1 Ch. on Con. 11th Am. ed. 258 ; Branden v. Nesbitt, 67 R. 23 ; Albrecht v. Sussman, 2 V. & B. 323 ; Barrick v. Buba, 2 C. B. N. S. 563 ; Scholefield v. Eichelberger, 7 Pet. 586 ; Griswold v. Waddington, 16 Johns. 438.

4 Infra, sec 475 ; Patten v. Nicholson, 3 Wheat. 204.

5 Infra, sec 475.

6 Walls v. Williams, 1 Salk. 46; Bonlton v. Dobree, 2 Camp. 163.

7 Wells v. Williams, 1 Ld. Ray. 282 : Clarke v. Morey, 10 Johns. 69 ; Russell v. Skipwith, 6 Binn. 241.

8 Infra, sec 473-5.

9 Infra, sec 474.

10 Infra,sec 478.