英文法律词典 A-84

ALIEN, persons. One born out of the jurisdiction¹ of the United States, who has not since been naturalized under their constitution and laws. To this there are some exceptions, as this children of the ministers of the United States in foreign courts. See Citizen, Inhabitant.

2. Aliens are subject to disabilities, have rights, and are bound to perform duties, which will be briefly² considered. 1. Disabilities. An alien cannot in general acquire title to real estate by the descent, or by other mere³ operation of law; and if he purchase land, he may be divested⁴ of the fee, upon an inquest of office found. To this general rule there are statutory exceptions in some of the states; in Pennsylvania, Ohio, Louisiana, New Jersey⁵, Rev⁶. Laws, 604, and Michigan, Rev. St. 266, s. 26, the disability has been removed; in North Carolina, (but see Mart. R. 48; 3 Dev. R. 138; 2 Hayw. 104, 108; 3 Murph. 194; 4 Dev. 247; Vermont and Virginia, by constitutional provision; and in Alabama, 3 Stew⁷ R. 60; Connecticut, act of 1824, Stat. tit. Foreigners, 251; Indiana, Rev. Code, a. 3, act of January 25, 1842; Illinois, Kentucky, 1 Litt. 399; 6 Mont. 266 Maine, Rev. St,. tit. 7, c. 93, s. 5 Maryland, act of 1825, ch. 66; 2 Wheat. 259; and Missouri, Rev. Code, 1825, p. 66, by statutory provision it is partly so.

3. An alien, even after being naturalized, is ineligible⁸ to the office of president of the United States; and in some states, as in New York, to that of govenor; he cannot be a member of congress, till the expiration⁹ of seven years after his naturalization. An alien can exercise no political rights whatever; he cannot therefore vote at any political election, fill any office, or serve as a juror. 6 John. R. 332.

4. – 2. An alien has a right to acquire personal estate, make and enforce contracts in relation to the same – he is protected from injuries, and wrongs, to his person and property, his relative rights and character; he may sue and be sued.

5. – 3. He owes a temporary local allegiance, and his property is liable to taxation¹⁰. Aliens are either alien friends or alien enemies. It is only alien friends who have the rights above enumerated¹¹; alien enemies are incapable¹², during the existence of war to sue, and may be ordered out of the country. See generally, 2 Kent. Com. 43 to 63; 1 Vin. Ab. 157; 13 Vin. ab. 414; Bac. Ab. h.t.; 1 Saund. 8, n.2; Wheat. Dig. h.t.; Bouv. Inst. Index, h.t.

ALIENAGE. The condition or state of alien.

ALIENATE¹³, aliene, alien. This is a generic¹⁴ term applicable to the various methods of transfering property from one person to another. Lord Coke, says, (1 Inst. 118 b,) alien cometh of the verb alienate, that is, alienum facere vel ex nostro dominio in alienum trawferre sive rem aliquam in dominium alterius transferre. These methods vary, according to the nature of the property to be conveyed and the particular objects the conveyance¹⁵ is designed to accomplish. It has been held, that under a prohibition¹⁶ to alienate, long leases are comprehended. 2 Dow's Rep. 210.

ALIENATION¹⁷, estates. Alienation is an act whereby one man transfers the property and possession of lands, tenements¹⁸, or other things, to another. It is commonly applied¹⁹ to lands or tenements, as to alien (that is, to convey) land in fee, in mortmain. Termes de la ley. See Co. Litt. 118 b; Cruise Dig. tit. 32, c. 1, 1-8.

2. Alienations may be made by deed; by matter of record; and by devise.

3. Alienations by deed may be made by original or primary conveyances²⁰, which are those by means of which the benefit or estate is created or first arises; by derivative²¹ or secondary conveyances, by which the benefit or esta te originally created, is enlarged, restrained, transferred, or extinguished. These are conveyances by the common law. To these may be added some conveyances which derive²² their force and operation from the statute²³ of uses. The original conveyances are the following: 1. Feoffment; 2. Gift; 3. Grant; 4. Lease; 6. Exchange; 6. Partition. The derivative are, 7. Release; 8. Confirmation²⁴; 9. Surrender; 10. Assignment; 11. Defeasance. Those deriving²⁵ their force from the statute of uses, are, 12. Covenants²⁶ to stand seised to uses; 13. Bargains and sales; 14. Lease and release; 15. Deeds to lend or declare the uses of other more direct conveyances; 16. Deeds of revocation²⁷ of uses. 2 Bl. Com. ch. 20. Vide Conveyance; Deed. Alienations by matter of record may be, 1. By private acts of the legislature; 2. By grants, as by patents of lands; 3. By fines; 4. By common recovery. Alienations may also be made by devise (q.v.)