Page:Halsbury Laws of England v1 1907.pdf/534

 — Aliens.

312 Sect.

2.

Alien

Enemies.

implied (?;), and they are not assignable (z<;) A licence to trade implies an authority to insure (^). Licences must be construed liberally iy), and a mere misdescription of a party applying to the Crown for a licence to trade with an enemy, if made without fraud, does not vacate the licence {z), but any special condition attached to the licence must be strictly complied with {a). A licence to an alien enemy to reside within the realm imports a licence to trade Q)) but a licence to a subject to trade with a hostile country does not imply a licence to reside there (c). In the absence of any licence the property of an alien enemy may be seized for the use of the Crown (^), and the alien himself may be expelled (e) the country, or, if attempting to land, refused admission (/). At any time the Crown may revoke a licence.



Absence

of

licence.

granted

{g).

Part

III.

—

Acquisition of British Nationality.

Sect. In general.'

1.

By

Letters of Denization.

686. An alien naturalized in this country becomes to all intents and purposes a British subject, and ceases to be an alien for the character of an alien and British subject cannot be united in one person {h). Thus a naturalized alien is incapable of contracting a marriage which would have been void if contracted by a naturalborn subject, though valid by the law of his domicil of origin (i).

(

Letters of

demzation.

687. The right to create denizens by letters patent is a prerogaCrown, which, though fallen into desuetude, is expressly preserved by the Naturalization Act, 1870 (J). Letters of denization, the grant of which is at the absolute discretion of the Crown, are obtainable upon petition to the Crown through the Home Office, and the petition must set out the circumstances which make it impossible or impracticable for the applicant to comply with the ^^yg

conditions of the Naturalization Act, 1870.

The grant may be

{v) Spareoihurgh v. Bannatyne (1797), 1 Bos. & P. 163. {w) See note {t), p. 311, ante. licence to insure includes {x) Kensington v. Inglis (1807), 8 East, 273. insurance of the ship, even if it be an enemy's, as well as of the goods put on

A

board {Morgan

v.

Oswald (1812),

3

Taunt. 554



Flindt

v. Scott (1814),

5 Taunt.

674). {y) {z)

{a)

Flindt

v. Scott, supra.

Lemche Camelo

v.

Vaughan

(1824), 8

v. Britten (1820),

Moo.

4 B.

&

C. P. 646. Aid. 184.

Wells V. Williams (1697), 1 Salk. 45. Baglehole (1812), 1 Eose, 271. d) The Johanna Emilie (1854), 2 Eng. Prize Cas. at p. 254. (e) 1 Bl. Com. 259. (/) Musgrove v. Chun Teeong Toy, [1891] A. 0. 272; see also Hall's International Law, 5th ed., p. 390. {g) The Hoop (1799), 1 Ch. Bob. 196, 199. {h) R. V. Manning (1849), 1 Den. C. C. 467, per Wilde, C.J., at p. 478. {i) Mette v. Mette (1859), 1 Sw. & Tr. 416. [j] 33 Yict. c. 14, s. 13. {h)

(c)

.

Ex parte