ance. In California aliens cannot acquire by purchase, but may take by inheritance. A non-resident alien cannot hold for a longer period than five years; after that time the land is subject to escheat. In New York alien inhabitants may purchase to the extent of one thousand acres. (Act of March 26, 1802.) Aliens taking by inheritance, title shall not be questioned if they declare intention to become citizens, (act of April 30, 1845,) nor on account of alienage of former owner. (Act of 24th of April, 1872.) Lands liable to escheat released in many instances by act of the legislature. In Pennsylvania alien residents may take land by purchase or inheritance to the amount of five hundred acres, and may hold and alienate, within this limit, in the same manner as citizens. In Texas aliens cannot acquire by purchase unless when the title emanates from the State directly to such alien purchaser. If an alien inherits land he is allowed nine years to become naturalized and take possession of the land. In the Territories of Arizona, Colorado, and New Mexico aliens may take by purchase or inheritance, hold and convey lands in the same manner as citizens. No conditions annexed. Dacotah.-There is no legislation on the subject, but by the organic act all inhabitants of the Territory may purchase and hold lands. Idaho and Montana have no legislation on the subject, but have by special act adopted the common law of England. In Washington Territory the law of Oregon is the law on the subject, and in the District of Columbia aliens take and hold in the same manner as citizens. Respectfully submitted. 2 HENRY O'CONNER. B.-Extracts from the analytical index to the treaties of the United States with other powers, showing what privileges are conferred upon aliens in the United States by treaties. ASYLUM: vessels and citizens seeking asylum by reason of stress of weather to be treated with humanity, and shall be allowed to repair and depart-Bolivia, Brazil, Columbia, (New Grenada,) Ecuador, France, (obsolete,) Guatemala, Hayti, Mexico, Morocco, (as to United States vessels,) Netherlands, (obsolete,) Nicaragua, Portugal, Prussia, San Salvador, Sardinia, Spain, Sweden, (see Sweden and Norway.) to be exempt from the payment of duties on vessel or cargo unless entered for consumption-Hawaiian Islands, Morocco, (as to American vessels,) Sardinia. to be subject to no duties or charges except pilotage, unless remaining longer than forty-eight hours in port-Columbia, (New Grenada.) unloading and reloading not to be considered an act of commerce--Sardinia, Two Sicilies. vessels seeking asylum to be treated as national vessels-Sardinia, Two Sicilies. shelter shall not be given in ports of one power to enemies of the other power who have captured prizes from the other at sea-France, Great Britain. consulates not to be used as asylum-Germany, Italy. AUBAINE, DROIT DE: [See "Personal property," "Real estate."] abolished by treaty with Bavaria, France, (obsolete,) Hesse, Nassau, Saxony, Würtemberg. * DETRACTION, DROIT DE: abolished by treaty with Bavaria, France, (obselete,) Hanover, Hanseatic Republics, Hesse, Nassau, Saxony, Spain, Würtemberg, Sweden. * * PERSONAL PROPERTY: citizens of each, in the country of the other, may own personal property, and may dispose of it by gift, will, or in any other way, and may take such property by gift, purchase, will, or successsion, paying only such dues as the inhabitants of the country would pay in such case-Austria, Bavaria, Bolivia, Brazil, Brunswick, and Luneburg, Columbia, (New Grenada,) Costa Rica, Dominican Republic, Ecuador, France, Guatemala, Hanover, Netherlands, (obsolete,) Mecklenburg-Schwerin, Mexico, Oldenburg, Hanseatic Republics, Hawaiian Islands, Hayti, Hesse-Cassel, Honduras, Italy, Nassau, Nicaragua, Orange Free State, Paraguay, Portugal, Prussia, Russia, San Salvador, Sardinia, Saxony, Spain, Swiss Confederation, Two Sicilies, Würtemberg. citizens of each in the country of the other may own and succeed as above, and on removal of the property it shall be exempted from all duty called "Droit de détraction”—France, (obsolete,) Sweden. [See “Sweden and Norway.”] in case of the absence of persons who would be entitled to personal property so situated on the death of the owner, the property shall receive the same care which would be bestowed upon the property of a native-Austria, Bavaria, Brunswick, and Luneburg, Dominican Republic, Hanover, Hawaiian Islands, Hayti, HesseCassel, Hondurus, Mecklenburg-Schwerin, Nassau, Orange Free State, Prussia, Russia. in case of the absence of persons who would be entitled to personal property so situated on the death of the owner, the property shall receive the same care which would be bestowed upon the property of a native-Continued. Sardinia, Saxony, Spain, Swiss Confederation, Two Sicilies, Würtemberg. disputes as to the inheritance of such property shall be decided by the courts of the country where the property is situated-Austria, Brunswick and Luneburg, Dominican Republic, Hanover, Hawaiian Islands, Hayti, Hesse-Cassel, Honduras, Mecklenburg-Schwerin, Nassau, Orange Free State, Prussia, Russia, Sardinia, Saxony, Spain, Swiss Confederation, Two Sicilies, Würtemberg. REAL ESTATE: * citizens and subjects of each nation are to be on the footing of the most favored nation in the territories of the other-Italy. citizens of each country may dispose of real estate in the territories of the other by will, donation, or otherwise-France, (obsolete,) Bavaria, Colombia, (New Granada,) San Salvador, Two Sicilies. their heirs, legatees, and donees, being citizens or subjects of the other contracting party, may succeed to their real estate-Bavaria, Colombia, (New Granada,) France, (obsolete,) San Salvador, Two Sicilies. citizens of each country may dispose of real estate in the territories of the other, where the laws of the state in which it is situated permit it to be done-Nicaragua, Swiss Confederation. citizens of each country may possess real estate in the territories of the other, and dispose of it in the same manner as citizens can-France, San Salvador. the United States are to recommend states where this is not permitted, to pass laws to allow it; and France reserves the right of establishing reciprocity. where, on the death of the owner, real estate in the territories of the one power descends upon a citizen of the other, who is disqualified by alienage from taking, he shall be allowed two years to sell the land and withdraw the proceeds-Austria, Bavaria, Hesse, Nassau, Saxony, Würtemberg. he shall be allowed three years-Brazil, Ecuador, Guatemala, Hanseatic Republics, Swiss Confederation. he shall have the longest period allowed by law-Bolivia, Dominican Republic. he shall be allowed the time allowed by the law of the state or country-Brunswick and Luneburg, Nicaragua, Orange Free State, Portugal, Russia, Swiss Confederation. he shall be allowed a reasonable time-Hanover, Hawaiian Islands, Portugal, Prussia, Russia, Sardinia, Spain, Mecklenburg-Schwerin. the time allowed may be prolonged by the government in whose territories the land is situated-Austria, Hesse, Nassau, Saxony, Würtemberg. the tax or dues charged on the succession or withdrawal is to be the same as that imposed upon natives-Austria, Bavaria, Bolivia, Brazil, Brunswick, and Luneburg, Colombia, (New Granada,) Dominican Republic, Ecuador, France, Nicaragua. Orange Free State, Portugal, Russia, San Salvador, Sardinia, Swiss Confederation, Two Sicilies. such tax or dues to be the same as imposed upon the most favored nation-Hawaiian Islands. there shall be no duties of detraction-Bavaria, France, Guatemala, Hanover, Hanseatic Republics, Hawaiian Islands, Saxony, Spain, Prussia. REAL ESTATE-Continued. the property of absent heirs is to receive the same care as if it were the property of citizens-Austria, Bavaria, Hesse, Nassau, Saxony, Two Sicilies, Würtemberg. all disputes relating to such real estate must be settled before the courts of the country-Bavaria, Hesse, Nassau, Orange Free State, Saxony, Swiss Confederation, Two Sicilies, Würtemberg. RECIPROCAL PRIVILEGES OF CITIZENS OF EACH NATION WITHIN THE TERRITORIES OF THE OTHER: the citizens of each may reside in the territories of the other, remaining subject to the laws-Argentine Confederation, Austria, Bolivia, Brazil, Colombia, (New Granada,) Costa Rica, Denmark, Dominican Republic, Ecuador, Great Britain, (obsolete,) Greece, Guatemala, Hanover, Hawaiian Islands, Hayti, Honduras, Italy, Mecklenburg-Schwerin, Oldenburg, Mexico, Nicaragua, Portugal, Prussia, Russia, San Salvador, Sardinia, Sweden and Norway, Swiss Confederation, Two Sicilies, Liberia. the citizens of each may reside in the territories of the other-Borneo. vessels and effects of citizens of each in the territories of the other are to be protected and defended-Sweden, (see Sweden and Norway,) Tunis. citizens of each being within the territories of the other shall be exempt from forced military service--Argentine Confederation, Costa Rica, Dominican Republic, France, (obsolete,) Hawaiian Islands, Hayti, Honduras, Italy, Mexico, Nicaragua, Orange Free State, Paraguay, Switzerland, Two Sicilies. from billeting of soldiers-Two Sicilies. from contribution in kind or money for compensation for personal military services -Italy, Two Sicilies, [they shall not be exempt from such contribution-Orange Free State, Swiss Confederation.] from forced loans-Argentine Confederation, Bolivia, Costa Rica, Dominican Republic, Hawaiian Islands, Honduras, Nicaragua, Paraguay, Two Sicilies. from military exactions-Argentine Confederation, Costa Rica, Dominican Republic, Hayti, Honduras, Nicaragua, Paraguay. from contributions-Bolivia, Nicaragua. from contributions in time of war, in which case property is not to be taken without compensation paid in advance-Nicaragua; without compensation on the same footing as natives-Orange Free State. from extraordinary contributions not general and established by law-Hawaiian Islands, Two Sicilies. from contributions higher than those paid by natives-Costa Rica, Dominican Republic, Hayti, Honduras, Mexico, Orange Free State, Paraguay. from judicial or municipal office—Italy. the citizens of each shall not be liable to the embargo or detention of their vessels, cargoes, merchandise, or effects-Bolivia, Brazil, Colombia, (New Granada,) Ecuador, Guatemala, Italy, Mexico, Netherlands, (obsolete,) San Salvador, Spain, Sweden, Tunis; without compensation—Bolivia, Brazil, Colombia, Ecuador, Guatemala, Italy, Mexico, San Salvador; to be paid in advance-Bolivia; when it can be agreed upon-Italy. their vessels are to be subjected to such embargo only in cases of urgent necessity, and an equitable indemnity shall be paid-Prussia. their books and papers are not to be subjected to inspection without the order of a competent legal tribunal-Bolivia, Hawaiian Islands, Hayti, Two Sicilies. the citizens of each country are to have a right to travel in the possessions of the other-Bolivia, Hawaiian Islands, Italy, Nicaragua, Two Sicilies. citizens of each residing in the territories of the other may intermarry with natives -Nicaragua. may enjoy freedom of religious belief, respecting at the same time the laws and usages of the country-Brazil, Bolivia, China, Ecuador, Guatemala, Hawaiian Islands, Hayti, Netherlands, (obsolete,) Colombia, (New Granada,) Paraguay, Argentine Confederation. and also of religious worship, on conditions as named in the respective treaties-(as to consuls and agents,) Algiers, (obsolete,) Argentine Confederation, Colombia, (New Granada,) Costa Rica, Dominican Republic, Honduras, Mexico, Nicaragua, Paraguay, San Salvador, Sweden, (see Sweden and Norway.) they are to have the liberty of burial-Argentine Confederation, Brazil, Bolivia, Colombia, (New Granada,) Costa Rica, Dominican Republic, Ecuador, Guatemala, Hayti, Honduras, Netherlands, (obsolete,) Nicaragua, Mexico, Poraguay, San Salvador, Sweden, (see Sweden and Norway.) on the breaking out of a war between the two countries, the citizens of each in the country of the other may remain and continue to trade so long as they behave peaceably-Argentine Confederation, Paraguay, Great Britain, (obsolete.) all may remain whose occupations are for the common benefit of mankind-Italy, Prussia. RECIPROCAL PRIVILEGES, &c.—Continued six months are granted to merchants and citizens to arrange their busines and with draw their effects—France, (obsolete,) Dominican Republic, Hayti, Two Sicilies SUCCESSION: the dues are to be the same as those paid by natives-Denmark, German Empire WÜRTEMBERG. STUTTGART, June 24, 1868. MY LORD: I have had the honor to receive your lordship's dispatch of the 16th instant, requiring information as to the disabilities to which aliens are subject in Würtemberg. I am able to reply without loss of time that the Würtemberg legislation on this subject is extremely liberal and is based entirely on reciprocity. An alien establishing himself in this country can claim by law every advantage and liberty possessed by a Würtemberg subject desirous of settling himself in a commune to which by birth he does not belong, if a similar liberty be granted to Würtemberg subjects in the country of the alien in question. In a contrary case the law reserves to the authorities the right of refusing to the aliens privileges which would not be enjoyed by Würtembergers in the foreign country in question, but the exercise of this right by the authorities is very seldom practiced, and would be so only under special circumstances. In the case of an alien purposing to practice any trade or industry in Würtemberg all that is required is that he shall establish his nationality and furnish proof, if called upon to do so, (and this last does not often occur,) of the right of Würtembergers to do the like in the alien's own country. A case of this nature has, however, lately come before me, where difficulties were thrown in the way of a British subject employing work-people in a particular fancy manufacture practiced successfully in a Würtemberg town. The individuals who had hitherto had this trade in their hands were jealous of the Englishman's interference and success, and the probable consequent rise of prices of labor in the manufacture in question, and notwithstanding the manifest advantage to the town which the competition occasioned, the Englishman was so far incommoded as to be threatened with prohibition of his further proceedings by the authorities there, unless he produced his passport and a certificate from Her Majesty's legation that a Würtemberg subject would be permitted to engage in a similar trade in London. The man came to Stuttgart, and after being supplied with the papers in question, no further obstacle is interposed to his undertaking. There is a certain latitude in the authority of the police with regard to aliens establishing themselves in Würtemberg by which, if the latter should conduct themselves in a disorderly manner, or render themselves obnoxious to the public peace or propriety, or even to the government authorities, they may be summarily sent out of the country; but the same right is exercised by the authorities of any commune in the country against Würtembergers not belonging to it, and who can be under the above circumstances turned out of the place. It may therefore be answered to your lordship's question that no disabilities exist in Würtemberg against aliens, who may purchase real property and inherit the same as freely as natives. I have instructed Mr. Baillie to report to me upon the state of the law in the Grand Duchy of Baden on the above subject. I have, &c., The Right Honorable Lord STANLEY, &c. E. C. R. GORDON. APPENDIX No. III. RIGHT OF ALIENS TO HOLD LANDS.-COLONIAL AND INDIAN LAWS. MEMORANDUM BY MR. ABBOTT. Aliens are debarred by the common law of England from holding, inheriting, or transmitting landed property, for, being under a foreign allegiance, they are supposed to be incapable of rendering service and homage to the sovereign of England, from whom it is a settled principle of tenure that the title to all lands in the kingdom is primarily derived. That the forfeiture to the Crown of lands held by aliens has been enforced from a very early period appears from 17 Edward the 2d, stat. 2, cap. 12: "That the King should have escheats of the lands of Normans, of whose fee soever they were, saving the service appertaining to the chief lords of the same fee; and this also was to be understood, that if any inheritance descended to any that was born in the parts beyond the sea, whose ancestors were, from the time of King John, under the allegiance of the Kings of France, and not of the Kings of England, as then late it had happened of the barony of Monmouth, after the death of John de Monmouth, (whose heirs were of Britain and other places,) King Henry, by the foresaid occasion, recovered many escheats of Normans' lands out of the fees of other men, and gave them to be holden of the chief lords of the fee, by the services due and accustomed therefore. "An alien is entitled to purchase in fee-simple lands, tenements, or hereditaments, although he cannot hold them, for upon office found the King shall have them; and even on a covenant to stand seized, a use will arise for an alien; but of course the same result will follow as in the case of a purchase, and the same would take effect where an alien purchased lands in joint tenancy; and the King would, on office found, be entitled to a moiety. "With respect to copyholds, it appears to be doubtful what rights an alien may acquire therein, for the lord is not to be prejudiced by losing his services and fines; but it is laid down in Watkins on Copyholds that an alien cannot be a copyholder; and it should seem that if an alien purchases any copyhold property it would escheat to the lord. However, the title of an alien in all respects will be good against all persons except the Crown in the case of freeholds, and as against the lord in case of copyholds." (Hansard's "Law Relating to Aliens," 1844, pp. 131–133.) Previously to the act 7 and 8 Vict., c. 66, aliens could not take houses on lease for a term of years without danger of forfeiture. The statute 32 Henry the 8th, cap. 16, enacted that no alien strangers, not being denizens, should take any leases of houses, under a penalty of 51.; and all leases granted to strangers, artificers, or handicraftsmen, born out of the King's obeisance, (nor being denizens) of any dwelling-house or shop within this realm, or any of the King's dominions, are declared to be void and of no effect; and the person so taking such lease forfeits 1007., and the person letting, 1007. more; one moiety to the King, and the other to him that will sue for the same. Lord Coke explains the law as follows: "As to a lease for years of a house for the habitation of a merchant stranger, being an alien, whose King is in league with ours, and a lease for years of lands, meadows, &c., upon office found, the King shall have it; but of a house for habitation he may take a lease for years, as incident to commerce, for without habitation he cannot merchandize or trade. But if he depart or relinquish the realm the King shall have the lease. So it is if he die possessed thereof, neither his executors or administrators shall have it, but the King; for he had it only for habitation as necessary for his trade or traffique, and not for the benefit of his executor or administrator. But if the alien be merchant, then the King shall have the lease for years, albeit it were for his habitation; and so it is if he be an alien enemie. And all this was so resolved by the judges assembled together for that purpose in the case of Sir James Croft. Pasch. 29, of the reigne of Queene Elizabeth." Upon the report of the aliens committee of 1843, the law relating to aliens holding personal and leasehold property was amended by the fourth and fifth clauses of the act 7 and 8 Vict., c. 66: (Naturalization Act, appended to my memorandum, Addenda I.) "IV. And be it enacted that from and after the passing of this act every alien, being the subject of a friendly state, shall and may take and hold, by purchase, gift, bequest, representation, or otherwise, every species of personal property, except chattels real, as fully and effectually, to all intents and purposes, and with the same rights, remedies, exemptions, privileges, and capacities as if he were a natural-born subject of the United Kingdom. "V. And be it enacted that every alien now residing in, or who shall hereafter come to reside in, any part of the United Kingdom, and being the subject of a friendly state, may, by grant, lease, demise, assignment, bequest, representation, or otherwise, take and hold any lands, houses, or other tenements, for the purpose of residence or of occupation by him or her, or his or her servants, or for the purpose of any business, With regard to the question of aliens holding real property, the committee reported, "Several of the witnesses examined by the committee expressed a decided opinion that it would be expedient to permit aliens to acquire real property in this country with the same facility as in France and other European states. It is contended that foreigners are allowed to hold property in the funds to any extent; that by paying the cost of letters of denization they may acquire a legal right to hold any extent of land; that the law which forbids an alien to hold land is openly and easily evaded; and that this law, with all others to which the state cannot command obeisance, would be much better abandoned and repealed. On the other hand, it has been remarked that were a better system of conferring native rights on foreigners adopted, and were the process rendered less expensive and more expeditious than at present, little practical evil would accrue from rendering a foreigner's capacity to hold land dependent on natur alization; and that as in Great Britain certain civil and moral duties are considered to be attached to the possession of landed property, which could hardly be performed by non-resident aliens, it would be well for the state, on this ground, to refuse the capacity of holding real property to foreigners not domiciled in this country." |