Alien Enemy - Law Dictionary Search Results
Home Dictionary Name: alien enemyAlien enemy
Alien enemy, a subject of a nation which is at war with this country. A contract with him is void, Brandon v. Nesbitt, (1794) 6 TR 23, unless he have a safe conduct or be living in this country by licence of the Crown; and so is a contract with his wife, De Wahl v. Braune, (1856) 25 LJ Ex 343. Further, not only commercial intercourse but all intercourse with an alien enemy is prohibited by the common law; see The Hoop, (1799) 1 C Rob 196, where Sir William Scott described an alien enemy as 'totally ex lege'; The Cosmopolite, (1801) 4 C Rob 8; The Panariellos, (1915) 138 LT Journ 484. Nor can an alien enemy exercise a right of voting in respect of shares in an English company, Robson v. Premier Oil Co., 1915 (2) Ch 124, nor (unless within the realm by the King's licence) can he sue here during the war, though he remains liable to be sued, Porter v. Freudenbery, 1915 (1) KB 857. As to the Crown's right at common law to forfeit the private property of subjects of an enemy state, see In re...
Alien
Alien [fr. alienigena, alibi natus, Lat.], a person not born within His Majesty's dominions and allegiance (q.v.). See definitions in the British Nationality and Status of Aliens Acts, 1914 and 1933, infra. At common law aliens were subject to very many disqualifications, the nature of which is shown by the (English) Act of 1844, 7 & 8 Vict. c. 66, which greatly relaxed the law in their favour. It provided, inter alia, that every person born of a British mother should be capable of holding real or personal estate; that alien friends might hold every species of personal property except chattels real; that subjects of a friendly power might hold lands, etc., for the purposes of residence or business for a term not exceeding twenty-one years; and it also provided for aliens becoming naturalized.Alien, (UK) is a person who is neither a Common-wealth citizen nor a British protected person nor a citizen of the Republic of Ireland. Aliens therefore include both persons having the nationality ...
Trading with the Enemy Act, 1914
Trading with the Enemy Act, 1914 (English) (4 & 5 Geo. 5, c. 87), provided that any person who 'dur-ing the present war [i.e., the war with Germany] trades or has since 4th August, 1914, traded with the enemy within the meaning of this Act, shall be guilty of a misdemeanour. The Act was partly repealed [S. R. & O. 1921 (No. 1276), and see 15 & 16 Geo. 5, c. 43]. As to what constitutes an alien enemy, see Daimler Co. v. Continental Tyre Co., (1916) 2 AC 307....
Act of State
Act of State, means not all governmental acts as it does in the French and Continental Systems but only some of them. The term is next used to designate immunities and prohibitions sometimes created by statutes. The term is also extended to include certain prerogatives and special immunities enjoyed by the sovereign and its agents in the business of internal government. the term is even used to indicate all acts into which, by reason that they are official in character, the Courts may not inquire, or in respect of which an official declaration, is bindings on the Courts, State of Saurashrtra v. Meman Haj Ismail, AIR 1959 SC 1383 (1387): (1960) 1 SCR 537.Means acts done against aliens in exercise of sovereign power of the State. The Municipal Courts debarred from entering into the validity of the Act of State, Secretary of State for India in Council v. Kamachee Boyee Sabha, 7 MIA 476. See also Jahangir v. Secretary of State for India, 6 Bom LR 131; Virendra v. State of Uttar Pradesh, 19...
Occupancy
Occupancy, mere possession or use either by agreement or otherwise without other claim (if any) to the ownership or enjoyment of property, also taking possession of land to which no one else lays claim or without leave of the owner.The right of occupancy has been confined by the laws of England within a very narrow compass, e.g., where a person was tenant pur autre vie, or had an estate granted to himself only (without mentioning his heirs) for the life of another man, and died without alienation, during the life of the cestui que vie, or him by whose life it was holden; in this case, he that entered first on the land was called the occupant or common occupant and might lawfully retain the possession so long as the cestui que vie lived, by right of occupancy, see Re Michell, Moore v. Moore, (1892) 2 Ch 96. The title of common occupancy is now, in effect abolished, for it is enacted by the Wills Act, 1837, s. 3, that an estate pur autre vie, of whatever tenure, and whether it be an inco...
Enemy or 'enemy subject' or 'enemy firm'
Enemy or 'enemy subject' or 'enemy firm' means a person or country who or which was an enemy, an enemy subject or an enemy firm, as the case may be, under the Defence of India Act, 1962 (51 of 1962), and the Defence of India Rules, 1962 2[or the Defence of India Act, 1971 (12 of 1971), and the Defence of India Rules, 1971], but does not include a citizen of India. [Enemy Property Act, 1968 (34 of 1968), s. 2(b)]...
Abatement
Abatement, a making less:-(1) Abatement of Freehold.-The title of a real action which has been abolished. This takes place where a person dies seised of an inheritance, and before the heir or devisee enters, a stranger, having no right, makes a wrongful entry and gets possession of it. Such an entry is technically called an abatement, and the stranger an abater. It is, in fact, a figurative expression, denoting that the rightful possession or freehold of the heir or devisee is overthrown by the unlawful intervention of a stranger. Abatement differs from intrusion, in that it is always to the prejudice of the heir or immediate devisee, whereas the latter is to the prejudice of the reversioner or remainder man: and disseisin differs from them both, for to disseise is to put forcibly or fraudulently a person seised of the freehold out of possession, Co. Litt. 277a.(2) Abatement of Nuisances.-A remedy allowed by law to a person injured by a nuisance to remove or put an end to it by his own...
Letters of safe-conduct
Letters of safe-conduct. No subject of a nation at war with us can, by the law of nations, come into the realm, nor can travel himself upon the high seas, or send his goods and merchandise from one place to another, without danger of being seized by our subjects, unless he has letters of safe-conduct, which, by drivers old statutes, must be granted under the Great Seal, and enrolled in Chancery, or else are of no effect-the sovereign being the best judge of such emergencies as may deserve exemption from the general law of arms, Chitty's Prerogatives of the Crown, p. 48, and Vattel by Chit. 416. But passports or licences from our ambassadors abroad are now more usually obtained, and are allowed to be of equal validity; see ALIEN ENEMY.Where the court has made an order for attachment or forfeiture of any property under sub-sec. (1), and such property is suspected to be in a contracting State, the court may issue a letter of request to a court or an authority in the contracting State for ...
deportable alien
deportable alien An alien in and admitted to the United States subject to any grounds of removal specified in the Immigration and Nationality Act. This includes any alien illegally in the United States, regardless of whether the alien entered the country by fraud or misrepresentation or entered legally but subsequently violated the terms of his or her nonimmigrant classification or status. Source: U.S. Citizenship and Immigration Services ...
restraint on alienation
restraint on alienation :something that serves to prevent a party from alienating property ;specif : a provision in an instrument (as a deed or will) that purports to prohibit or penalize the use of the power of alienation NOTE: Though not necessarily unlawful, restraints on alienation are disfavored in the law. ...
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