Page:Halsbury Laws of England v1 1907.pdf/533

 — Part

II.

— —

Rights and Duties of Aliens.

311

Where a contract with an alien enemy is executory on the outbreak of war it is avoided, and both parties are at once absolved from any performance of it {/). Bat where such a contract is executed (g) before the commencement of hostilities, the contract is not voided by the outbreak of war. The remedy only is suspended, and revives on the restoration

Sect.

2.

Alien

Enemies. Executory.

Executed.

of peace. It

is

doubtful whether choses in action belonging to an alien Crown and can be enforced for its

enemy

are forfeitable by the

benefit

{h).

Sub-Sect.

3.

Trading in War Time.

684. Trading with alien enemies, whether individuals or corporalions (i), is illegal (j), and any property employed in such trade may be confiscated by the Crown (k) and the subject guilty of such illegal action prosecuted for misdemeanour (Z), and in some cases high treason (m). It is not a municipal offence for a neutral to carry on trade with a blockaded port {n), and a contract between subjects of a neutral state to export contraband of war to a belligerent is not

Trading in time of war.

illegal in the neutral state (o).

Sub-Sect.

4.

Licences

the

Crown.

685. The Crown always has had the power

grant licences (^) and to trade with alien enemies, and to alien enemies to reside here and trade within the kingdom {q). But mere non-interference with an alien enemy does not imply a licence to reside or trade, and a previous licence to an alien friend is not sufficient unless his stay was sanctioned to

Licences,

to British subjects to reside in hostile countries

after hostilities

Such

had commenced

licences

may

(r).

be general

or special®,

(s)

express

(zO

or Construction of licences.

(/) Potts V. Bell (1800), 8 E. &B. 763.

Term Eep. 548



and Esposito

v.

Bowden

(1857), 7

{g) The Hoop {rm), 1 Ch. Eob. 196, 200; Ex parte Boussmaker (1806), 13 Alcenius v. Nyqren (1854), 1 Jur. (n. S.) 16; Janson v. Briefontein Ves. 71 Consolidated Mines, Ltd., ^1902] A. C. 484. (A) A.-G. V. Weeden and Shales (1699), Park. 267; Be Wahl v. Braune (1856), 1 H. &N. 178; but see contra Wolff y. Oxholm (1817), 6 M. & S. 92, Per rights to sue, 102, 2iTidi Furtado v. Badgers (1802), 3 Bos. & P. 191, 200.

Action, p. 20, ante. Janson v. Briefontein Consolidated Mines, Ltd., supra

see title

LiNDLEY, ioid., at p. 505, as to wliat constitutes a foreign corporation. [j] The Hoop, supra ; Bristow v. Towers (1794), 6 Term Rep. 35; Potts v. Bell, supra; Janson v. Briefontein Consolidated Mines, Ltd., supra, per Lord Davey, (?)
 * and see per Lord

at p. 499; M'Connell v. Hector (1802), 3 Bos. & P. 114; see also notice of British Poreign Office (1899), British and Foreign State Papers, vol. 92, p. 383. (k) Land v. North [Lord) (1785), 4 Dougl. 266. {I) 1 Hawk. P. C. c. 22. (m) Statute of Treason, 25 Edw. 3, st. 5, c. 2. (n) The Helen (1865), 11 Jur. (N. s.) 1025. (o) Ex parte Chavasse, Be Grazehrook (1865), 4 De Gr. J. & S. 655. (p) The Hoop, supra. East, 475. Iq) Vandyck v. Whitmore (1801), 1 (V) Boulton V. Bohree (1808), 2 Camp. 163. (s) E.g., the Order in Council allowing certain trades with the enemy at the outbreak of the Crimean War; and see Clemontson v. Blessig (1855), 11 Exch. Busky. Bell (1812), 16 East, 3; The Neptune (1855), Spinks, 281. 135 {t) Feize Y. Thompson (1808), 1 Taunt. 121. (u) As in the case of the Order in Council, note (s), supra.