Page:Halsbury Laws of England v1 1907.pdf/530

.

Aliens.

308 Sect.

1.

Alien Friends. Bankruptcy.

Right to sue

677.

An

alien can

commit an

act of

bankruptcy

(k),

and

may

be

made

a bankrupt if he is domiciled in England or if within a year before the date of the presentation of the petition he has ordinarily resided or had a dwelling-house or place of business in England (l) and has himself committed an act of bankruptcy in this country (m), and it would seem that an alien can be a petitioning creditor whenever he can sue for the debt (n).

678.

An

alien can sue in our Courts for a personal demand (o). action for debt for slander (q) or or sue for a fraud upon him by the use of his trade a manufacturer in this country (s), and he can do so even

Thus he can maintain an libel (r),

mark by

He is also entitled, if he is residing (t) at the time of publication within the British dominions, to copyright in a work published by him in England (u), and the plea in though resident abroad

.

an action that the plaintiff is an alien is invalid {v) unless it is also alleged that he is an alien enemy (x) residing here without the licence of the Kingiy). But previously to 1870 he had no right to bring a real or mixed action except in the capacity of a member of a corporation Offices.

Jfranchise.

(z)

679. Aliens are incapable of being members of the Privy Council or of either House of Parliament or of enjoying any office or place of trust {a), either civil or military, or of having any grant of lands or hereditaments from the Crown to themselves, or to any other They have, however, always been or others in trust for them (b). capable of becoming members of an English corporation (c). They are debarred at common law {d) from exercising the Parliamentary franchise and by statute (e) from exercising the municipal Be Clark, Ex parte Beyer, Peacock & Co., {k) Be Pearson, [1892] 2 Q. B. 263 [1896] 2 Q. B. 476; Ex parte Blahi, Be Suwers (1875), 12 Oh. D. 522, per

Brett, L.J., at p. 528. (l) Bankruptcy Act, 1883 (46 & 47 Yict. c. 52), ss. 4 (1) (g), 6 (1) (d). (m) Be Pearson, supra. {n) Ex parte Pascal, Be Myer (1876), 1 Ch. D. 509. See, generally, title Bankruptcy and Insolyency. Bamkissenseat y Barker (1737), 1 Atkins' Eep. p. 50. (o) 1 Bl. Com. 360. (p) Dyer, 2 b (6 Hen. 8)..

Iq) (r) (s)

Tirlot v. Morris (1611), 1 Buls. 134. v. Lawson (1839), 6 Bing. (n. c.) 90. The Collins Co. v. Broiun (1857), 3 Kay & J. 423.

Pisani

PHsani

v. Laiuson, supra. Boutledge v. Low (1868), 37 L. J. (cH.) 454. Salk. 46 Brandon v. NesUtt (1794), 6 Term Eep. 23. {v) Co. Litt. 127—129 [x) Openheimer v. Levy (1737), 2 Stra. 1082; DauUgny y. Davallon 1793), 2 Anstr. 462. (?/) Alcenius v. Nygren (1854), 1 Jur. (n. S.) 16. (z) 1 Co. Litt. 129 b. See title Action, p. 17, ante. a) B. Y. De Mierre (1771), 5 Burr. 2788, wbere it was held tbat the office of constable of a ward of the City of London, being an office of trust, could not be {t)

Ill)





held by an alien.

Act of Settlement, 1700 (12 & 13 Will. 3, c. 2), s. 3. Co. Litt. 129 b. (d) And see unanimous vote of House of Commons (1698), 12 Com. Jour. 367. Corporations Act, 1882 (45 & 46 Yict. c. 50), s. 9; County (e) Municipal Electors Act, 1888 (51 & 52 Yict. c. 10), s. 2 (2) and Local Government Act, 1894 (56 & 57 Yict. c. 73), s. 2 (1); NaturaHzation Act, 1870 (33 Yict. c. 14), s. 2 (2). (6) (c)