Page:Halsbury Laws of England v1 1907.pdf/532

 — —— Aliens.

310 Sect.

1.

Alien Friends.

enlisted is, while serving in His Majesty's regular forces, deemed to be entitled to all the privileges of a natural-born British subject (q).

Sect.

2.

Alien Enemies.

Site-Sect.

In general.

1.

In General.

682. An

alien enemy had no rights at all at common law he could be seized and imprisoned and could have no advantage of the law of England, nor obtain redress for any wrong done to him here (?•). But it has for long been the custom to exonerate alien enemies who have been allowed to remain in this country and are

good behaviour from the disabilities of enemies (s). There are, however, persons other than those whose Sovereign is at war with the Sovereign of England, who are in certain circumThus, though an Englishman merely stances regarded as enemies. residing in a hostile country {t) is not regarded as an alien enemy, he is so regarded if trading there (?/) without the licence of the Crown (v) and he is not freed from any liabilities imposed on him by his British nationality (w), unless he has by voluntary naturalization ceased to be a British subject before the commencement of the war {x). A neutral residing in an enemy's country as consul of a neutral state, and who also trades there as a merchant, must be regarded as an alien enemy (?/). To prove a person is an alien enemy at the time of the commencement of an action, it is not enough to show that he was some time before domiciled in a territory which has become hostile (z).

of



Sub-Sect. Contracts.

2.

Contracts.

A

contract made after war has begun with an alien enemy who is not resident in this country and under the protection of the Crown (a) is void ah initio, and cannot be enforced even after the conclusion of peace {h) but a native of a foreign state in amity

683.



with this country captured on board an enemy's fleet and brought to England as a prisoner of war, is considered as being in the King's protection (c), and a contract with him is valid. An action, however, was maintainable by an alien enemy on a ransom bill (cl), but ransoming was made illegal, and all ransoming contracts were rendered void in 1782 (e). (q)

(r) (s)

(t)

&

Army

45 Yict. c. 58), 95 (2). Act, 1881 (44 Sylvester's Case (1702), 7 Mod. Rep. 150. Hall's International Lav,>5th ed., p. 395. Roberts v. Hardij (1815), 1 Bos. P., Lord Ellenborough's

&

p. 536. {u) M'Coimell v. {v)

Baglehole,

judgment

at

Hector (1802), 3 Bos. & P. at p. 114. (1812), 18 Yes. 528.

Ex parte

'

B. Y. yEueas Macdonald (1747), Post. 59. {x) R. V. Lynch, [1903] 1 K. B. 444. {y) Sorensen v. Reg. (1857), 11 Moo. P. C. C. 141. (z) Harman v. Kingston (1811), 3 Camp. 152, 153. (a) Wells V. Williams (1697), 1 Salk. 45; Maria v. Hall (1807), 1 Taunt. 33, n. M'Connell v. Hector (1802), 3 Bos. & P. 114. (6) Willison v. Patteson (1817), 7 Taunt. 439; Brandon v. Neshitt (1794), 6 (lu)



Term Rep. (c)

{d) [e)

23.

Sparenlurgh v. Bannatyne (1797), 1 Bos. & P. 163. Ricord v. Bettenham (1765), 3 Burr. 1734. 22 Geo. 3, c. 25.