Page:Harvard Law Review Volume 9.djvu/476

448 448 HARVARD LAW REVIEW. sonalty, he must get a license, which will not be granted if a citizen creditor object, and even a bonded resident guardian of a foreigner cannot carry off his personalty except on conditions imposed in Probate Court, after public notice, etc. Laws of personal arrest exist against a foreigner who " intends to leave the State." Non- resident executors, foreign express companies, insurance compa- nies, etc., must have a resident agent to receive service of process. Support of a non-resident wife may be decreed here without any attachment.^ If a foreigner has or pretends a cloud over Massa- chusetts land, our courts dissipate the cloud, without any personal jurisdiction over or service upon the foreigner.'* They sequestrate unattachable property of a non-resident in favor of a citizen cred- itor. The Legislature has also invented a conveyance by " a suit- able person " under direction of an equity court when a foreigner has any interest in any realty or personalty, a wood-lot or a cow, which by any trust express, written or oral, or even only implied, ought (or any interest therein) to be conveyed to a citizen (P. S., ch. 141, sec. 22). Further illustration is not necessary. It is plain that every effort should be made to aid the citizen against the wrong-doing foreigner. If our client were vendee of the Brunswick and held the Eng- lishman's bond to convey him the hotel, vendee would succeed under the above section 22, and the " suitable person " would exe- cute a deed to him.^ But the court does not think a vendor can get relief under section 22. Does he need it ? He now holds the whole legal title to this Massachusetts hotel, and has facilities which a vendee has not. He does not need to ask so much of the court. Perhaps he can be helped to what is right and equitable without any decree in reniy and without any decree ordering the Englishman's personam to do anything. Perhaps his own full legal title may be modified, mar- shalled, or conveyed, he being willing and ready so to do. Perhaps such modification may be offered or tendered, which is all equity would seem to care about, so as to accomplish all the equitable preliminaries that a vendor ought to offer in order to entitle him to an execution for his cash price. There is no doubt that the Com- monwealth deahng with its own land can authorize such tender in a bill in equity against an absent foreigner, and make it equivalent to full performance by vendor of all preliminaries due from him. 1 Blackinton v. Blackinton, 141 Mass. 435. ^ Felch v. Hooper, 119 Mass. 52. 2 Short V. Caldwell, 155 Mass. 57.