Outlaws.

(g) Sect. 12; Carr v. Anderson, 1903, 2 Ch. 279.

{h) Sect. 30. i) Sect. 18.

(k) Sect. 7.

(I) Short & Mellor's Crown Office Practice, 384; Wms. Pers. Prop. 94, and n. (c), 15th ed.

(m) Bac. Abr. Outlawry (D); 4 Black. Coram. 319, 387.

(n) See 3 Rep. 82b; 4 Blank. Comm. 387, 388; Perkins v. Bradley, 1 Hare, 219, 227; Chowne v. Baylis, 31 Beav. 351, 356.

(o) Stat. 33 & 34 Vict. c. 23, s. 1; above, p. 810.

(p) See Wms. Real Prop. 48, 49, 55, 93, 108, n. (g), 188, 464. By the Forfeiture Act, 1870, stat. 33 & 34 Vict. c. 23, s. 1, it is provided that nothing therein shall affect the law of forfeiture consequent upon outlawry. But it is thought that this exception relates only to the law of forfeiture of goods, and not to the forfeiture of freeholds in fee on outlawry for high treason; for such forfeiture was a consequence of the outlaw's attainder; see Bac. Abr. Outlawry (D); 4 Black. Comm. 381 - 387

10(2)

At common law, aliens (u) might purchase, but were incapable of inheriting lands, or of holding any estate therein; save only a lease for years of a house occupied by a friendly alien merchant (x). And the conveyance of any other estate in land to or in trust for (y) an alien was a cause of forfeiture of the alien's interest to the Crown (z). Aliens were not, however, under any incapacity with respect to the acquisition, enjoyment or disposition of chattels personal (a). But since the Naturalization Act, 1870 (b), real and personal property of every description (c) may be taken, acquired, held and disposed of by an alien in the same manner in all respects as by a natural-born British subject (d); and a title to real and personal property of every description may be derived through, from or in succession to an alien (e) in the same manner in all respects as through, from or in succession to a natural-born British subject. Aliens are not under any incapacity with respect to making contracts with British subjects; and friendly aliens may bring actions in the English Courts as well as British subjects (/). But alien enemies are disabled, so long as hostilities last (though no longer), from bringing or maintaining any action in an English Court (g), either in person or by agent (h). There is, however, an exception in the case of alien enemies resident in this country under the King's protection (i).

Aliens.

{q) Bac. Abr. Outlawry (D); Short & Mellor's Crown Office Practice, 385.

(r) See Co. Litt. 2b:

(s) Aldridge v. Buller, 2 M. & W. 412; Re Mander, 6 Q. B. 867, 873; R. v. Lowe, 8 Ex. 697.

(t) Above, p. 2.

(u) As to what persons are aliens, and as to denizens, see Wms. Real Prop. 294, and n. (y), 19th ed.

(x) Co. Litt. 2b. By stat. 7 & 8 Vict. c. 66, s. 5, a resident alien, the subject of a friendly state, might hold lands for any term not exceeding twenty-one years for the purposes of residence or business.

(y) Barrow v. Wadkin, 24 Beav. 1; Sharp v. St. Sauveur, L. R. 7 Ch. 343; overruling Rittson v. Stordy, 3 Sm. & G. 230. But if lands were directed to be sold and the proceeds given to an alien, the Crown had then no claim;

Du Hourmelin v. Sheldon, 1 Beav. 79, 4 My. & Cr. 525.

(z) Co. Litt. 2b; Wms. Real Prop. 294, 19th ed.

(a) Calvin's case, 7 Rep. 17a; And. 25; 1 Black. Comm. 372. It should, however, be noted that when a war breaks out between this country and any foreign state, all rights of property or contract conferred by English law on any subject of that state are regarded in law as being liable to confiscation and are only enjoyed, if at all, by the license or permission of the Crown; 1 Black. Comm. 372; Albrecht v. Sussmann, 2 V. & B. 323, 327; Clemontson v. Blessig, 11 Ex. 135, 141; and cases cited, above, p. 773, and in note (A), below. And see Wolff v. Oxholm, 6 M. & S. 92; Cock-burn on Nationality, 150; Hall's International Law, Sec. 144, pp. 453 sq., 4th ed.; Hanger v. Abbott, 6 Wallace, 532, 536, 537.

{b) Stat. 33 Vict. c. 14, s. 2, passed 12th May, 1870, and amended by stats. 33 & 34 Vict, c. 102; 35 & 36 Vict. c. 39; and 58 & 59 Vict, c. 43. This Act is not retrospective; Sharp v. St. Sauveur, L. R. 7 Ch. 343.

(c) Except British ships; stat. 33 & 34 Vict. c. 14, s. 14.

(d) See note (u), above.

(e) All the King's natural-born subjects were enabled to trace their title by descent through their alien ancestors by stat. 11 & 12 Will. III. c. 6, explained by 25 Geo. II. c. 39.

(/) Co. Litt. 129b; Dyer, 2b; Bac. Abr. Aliens (D). Aliens could not maintain real or mixed actions: but now that they may hold lands, they are entitled to recover them.

(g) Co. Litt. 129b; Le Bret v. Papillon, 4 East, 502; Flindt v. Waters, 15 East, 260; above, p. 783; Alcinous v. Nigreu, 4 E. & B. 217; and see Driefontein, etc. v. Janson, 1901, 2 K. B. 419, affirmed, 1902, A. C. 484, where the objection was waived.

(h) Brandox v. Nesbitt, 6 T. R. 23. It appears that, where rights of action have accrued to aliens in time of peace and their remedies are suspended by the breaking out of war, any statute of limitations will continue to run against them during the war; for the cause of action is not affected and the right is regarded in law as being liable to confiscation; see A.-G. v.

Weeden, Parker, 267; Flindt v.

Waters, 15 East, 260, 266; Rhodes v. Smethurst, 6 M. & W. 351; De Wahl v. Braune, 25 L. J. Ex. 343, 344, 345; above, p. 812, n. (a); Pollock on Contract, 96, 7th ed. In the United States, however, it has been decided that statutes of limitations do not run in such circumstances during the war: Hanger v. Abbott, 6 Wallace, 532; Brown v. Hiatts, 15 Wallace (82 U. S.), 177; L. Q. R. xx. 168. (i) Wells v. Williams, 1 Ld. Raym. 282; M'Connell v. Hector, 3 B. & P. 113. 114; Janson v.

Alien enemies are not under any personal incapacity of contracting with British subjects (k): but it is illegal to trade with the inhabitants of hostile states without the license of the Crown; and contracts made in violation of this rule are void (l). And it seems that a contract made with an inhabitant of a hostile state to buy or sell land in England would fall within this rule, which extends to prohibit all commercial intercourse between the King's subjects and his enemies (m). But if such a contract were made with a hostile alien residing in this country under the King's protection, it would appear to be valid and enforceable on either side (n). Where a contract is made in time of peace with an alien resident in his own country, and war breaks out between that country and this before the time fixed for performance of the agreement, the contract is dissolved if its performance involve commercial intercourse with the inhabitants of the hostile state (o), or would otherwise be detrimental to the public interests of this country (p). It appears, however, that, except in these conditions and provided that the nature of the agreement admit of its performance being delayed, the obligations arising from a contract so made with an alien are not discharged by the breaking out of war (q); though the alien's right to enforce the agreement is necessarily suspended by his incapacity to sue thereon during the continuance of hostilities (r). The application of these principles to contracts for the sale of land is not yet regulated by any judicial decision. It is thought, however, that if such a contract were made in time of peace between an Englishman and an alien resident in his own country, and a day fixed for completion and time made of the essence of the contract (s), and before that day war broke out between England and the other country, the contract would be dissolved (t). If, however, time were not made of the essence of the contract, there would be ground for contending that the parties' rights thereunder were only suspended. A contract made with the inhabitant of a friendly state, which becomes a hostile state before the agreement is carried out, may be lawfully performed by the King's license or permission, as where by royal authority a certain time is allowed after the commencement of hostilities for the performance of contracts previously made with residents in the enemy's country (u). As we have seen (x), rights of action, which have arisen in favour of an alien from the breach in time of peace of a contract made by him with an English subject, are not destroyed if war break out between his country and England; they are merely suspended, subject, apparently, to the operation thereon of any statute of limitations (y).