Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/417

 Ch. 26 has once been acquired by the owner. And, where uch things are found without any other owner, they for the mot part belong to the king by virtue of his prerogative; except in ome few intances, wherein the original and natural right of occupancy is till permitted to fubit, and which we are now to conider.

1., in the firt: place, it hath been aid, that any body may eie to his own ue uch goods as belong to an alien enemy. For uch enemies, not being looked upon as members of our ociety, are not entitled during their tate of enmity to the benefit or protection of the law: and therefore every man that has opportunity is permitted to eie upon their chattels, without being compelled as in other caes to make retitution or atisfaftion to the owner. But this, however generally laid down by ome of our writers, mut in reaon and jutice be retrained to uch captors as are authorized by the public authority of the tate, reiding in the crown ; and to uch goods as are brought into this country by an alien enemy, after a declaration of war, without a afe-conduct: or paport. And therefore it hath been held, that where a foreigner is reident in England, and afterwards a war breaks out between his country and ours, his goods are not liable to be eied. It hath alo been adjudged, that if an enemy take the goods of an Englihman, which are afterwards retaken by another ubject of this kingdom, the former owner hall loe his property therein, and it hall be indefeaibly veted in the econd taker; unles they were retaken the ame day, and the owner before un-et puts in his claim of property Which is agreeable to the law of nations, as undertood in the time of Grotius, even with regard to captures made at fea; which were held to be the property of the captors after a poeion of twenty four hours: though the modern authorities require, that before the property can be changed, the goods muft have been brought into II.