women en gaged in trade. trading all her dotal property and all the rights belonging to her in common with her husband, as far as they consist of her own property and of such as she has dedicated to her trade, including the dowry which may be restored to her by sentence, and all that she may have acquired afterwards. The authority may be tacit when the wife engages in trade in the presence and with the consent of her husband. The appreciation of the rights which may be established upon his tacit consent is reserved for the tribunals. The wife cannot be authorised by the Court to engage in trade against the will of her husband. When the authority Extent of authority of to trade has been given, the wife may bind herself for all acts re- married lative to her business without a special authority. The authority of the husband to engage in trade includes only what is necessary for the same. The wife authorised to trade cannot appear before the Court, not even for the rights she has contracted relative to her trading, unless with the express authority of her husband, or in case she has been judicially separated from him. Married women whether minors or of age being traders may hypothecate immovable property belonging to them as a security for the obligations which they contract as traders. It is for the creditor to prove that the convention arose out of an act of trade. Where the married woman has been authorised by her husband to trade she cannot hypothecate the immovable property belonging to her husband, nor that which pertains in common to both, unless the deed gives her special authority to that effect. The revocation of the authority conceded by her husband to the wife can only have effect where it is by public deed duly registered and published. It will only have effect as respects third persons when it is inscribed in the register of trade, published by advertisement, and inserted in the newspapers (a). Portugal.-A married woman of eighteen years of age may engage in trade when authorised by her husband to enter her name on the register of commerce, or when she is judicially separated from her husband. In the former case she is liable for the obligations which she contracts on her dowry and on the property which she holds in common with her husband. In the latter all the property which she owned and which she may acquire is liable for her debts. A woman entering a commercial partnership would not enjoy any of the privileges or rights, or (a) Buenos Ayres Code, $$ 12-24. Liability of a married woman in trade. Rights of married women to trade. contracts any of the obligations as a trader, unless she stipulates and expressly announces that she will take an active part in the transactions of the house (a). Spain. A married woman of twenty years of age may engage in trade when she is authorised by her husband. In this case she may engage her own property. A married woman separated from her husband does not need his authority to trade (b). INTRODUC- Effect of patent of denization. SECTION VII. ALIENS. Although Magna Charta inaugurated a new era of freedom. towards aliens of all countries, it was not till a much later period that they ceased to be regarded with jealousy and enmity. Many were the disabilities imposed upon aliens in ancient times. Alien merchants were prohibited from selling by retail; they were obliged to sell their merchandises within a certain time after their coming into this country, and to invest the proceeds of them in British produce. They were not allowed to take apprentices or servants, except native-born subjects; and they were ill-treated not only in the English coasts and in inland markets, but in the city of London itself, the citizens being most earnest in their petitions to the Throne seeking the expulsion of all foreigners concerned in commerce. By a patent of denization a foreigner was only partially relieved from these disabilities; but after the Reformation, when the need of excluding Roman Catholics from the realm became a question of State, a further difficulty was interposed to such denization or naturalisation by the enactment that no one should be naturalised unless he had received the sacrament of the Lord's supper, and unless he had taken an oath of supremacy and allegiance. This state of things was confirmed and firmly established by the Act of Limitation of William III., and then it was that the existing disabilities of aliens were fixed :viz., that no person born out of the kingdoms of England, Scotland, and Ireland, or of any of the colonies and possessions of the Crown, even though naturalised or denizens, unless born of English parents, should be a member of the Privy Council, and (a) Portuguese Code, §§ 19-27. (b) Spanish Code, § 5. of either House of Parliament; nor fill any office of trust, civil or military; nor receive from the Crown any grant of land, &c. In progress of time, however, the constant influx of refugees Improvement of legislation. from France, in consequence of the revocation of the Edict of Nantes, the majority of whom were industrious, skilful, and intelligent, opened the mind of the nation to the great utility of giving ample facilities to such migrations; and by a statute, the preamble of which stated, "Whereas the increase of people is a means of advancing the wealth and strength of a nation, and whereas many strangers of the Protestant or Reformed religion, out of a due consideration of the happy constitution of this realm, would be induced to transport themselves and their estates into this kingdom if they might be made partakers of the advantages and privileges which the native-born subjects thereof do enjoy," provisions were made for allowing such aliens to acquire the rights of natural-born subjects by their taking the oath, &c. Still it was not till the sixth year of George IV. that aliens were relieved from the necessity of taking the sacrament in case of naturalisation, and with few modifications introduced at different times, such was the state of the law in England relating to aliens previous to the 7 & 8 Vict. c. 66, passed in 1843. The committee of the House of Commons, in their report, stated that aliens were debarred from the possession of real property and some descriptions of personal property; that they could not take houses on lease for years without danger of forfeiture; that they could not hold British registered shipping, nor shares therein; and that they could not claim any commercial benefits by virtue of such treaties with other states, and were absolutely excluded from all places and offices of trust. By obtaining from the Crown letters patent of denization, foreigners were relieved from these disabilities so far that they could hold and transmit all kinds of real and personal property, but they could only transmit real property to such of their children as might have been born subsequent to their denization. They were also permitted, when otherwise qualified, to vote at elections of members of Parliament. By obtaining from Effect of Act Parliament an Act of naturalisation, foreigners acquired all of naturalisathe privileges of denization, and a slight addition to them. Foreigners might inherit real property and transmit it to any of their children, without distinction as to the time of their birth; tion. Who are natural-born subjects and aliens. Children of British father born abroad natural-born subjects. Children of mother born Children of alien born in this country natural-born subjects. and when they had resided in this country seven years from the period of their naturalisation without having quitted it for more than two months at any one time, they became entitled to the benefit of British treaties in their commercial relations with foreign states. But to either of these methods the great objection was the expense and delay, whilst the whole law required to be ascertained and consolidated. It was to remedy this state of the law that the 7 & 8 Vict. was passed. BRITISH LAW. Every man who is born within the allegiance, power, or protection of the Crown of the United Kingdom is a natural-born subject; and every man who is born out of such allegiance, power, or protection is an alien born, and continues alien unless afterwards made denizen or naturalised. Consequently all who are born in England, Scotland, Wales, and Ireland, or in any of Her Majesty's colonies and possessions, are natural-born subjects (a). Children born abroad, whose fathers and grandfathers by the father's side are natural-born subjects, are deemed natural-born subjects unless their ancestors were, at the time of the birth of such children, attainted of treason, or were liable to the penalties of treason or felony in case of returning into the United Kingdom without licence, or were in the actual service of a prince at war with the United Kingdom (b). Every person born out of Her Majesty's dominion of a mother being a natural-born subject of the United Kingdom is capable of taking to him, his heir, executor, or administrator, any estate, real or personal, by devise or purchase or inheritance or succession (c). Children of aliens, if born in this country, are natural-born subjects, provided their parents were not at the time at war with the United Kingdom (d). A woman married to a naturalborn subject, or to a person naturalised, is deemed to be herself naturalised, and to have all the rights of a natural-born subject (e). (a) 1 Bla. Com. 366; 7 Co. 46; Coke's Calvin Case, 7 Co. Rep. 17. (b) 7 Anne, c. 5; 4 Geo. 2, c. 21; 3 Geo. 3, c. 21. (e) 7 & 8 Vict. c. 66. (d) Stephen's Bla. Com. p. 413; (e) 7 & 8 Vict. c. 66, s. 16. Jews born in the United Kingdom are natural-born subjects, and enjoy all the rights and privileges of such (a). to come and go. possess per All merchants have safe and sure conduct to come into, to Alien's right tarry in, go through, and depart from the United Kingdom by land and by water, to buy and sell, by wholesale or by retail, without any manner of restriction. The sea is open to all merchants to pass where they please (b). Alien friends, or subjects Right of of friendly states, have the same power of entering into and suing. enforcing personal contracts as natural-born subjects of the realm (c). Alien friends may take and hold, by purchase, Aliens may gift, bequest, representation, or otherwise, any species of personal prosonal property, as effectually, and with the same rights and perty." remedies, as if they were natural-born subjects of the United Kingdom (d). They may also, by grant, lease, devise, assign- May own land ment, bequest, or otherwise, take and hold land or houses for Property for any term of years not exceeding twenty-one years (e). Aliens, twenty-one upon taking the prescribed oath, may become naturalised by May become obtaining a certificate from the Secretary of State for the Home naturalised. Department (f). Aliens so naturalised enjoy all the rights and Rights of (a) 7 & 8 Vict. c. 66, s. 16. (b) Magna Charta, Hen. 3, c. 30; 27 Ed. 2, c. 3; 14 Ed, 3, e. 2, s. 2; 9 Ed. 3, c. 1; and 25 Ed. 3, c. 2. (c) Com. Dig., "Alien," 5. (d) 7 & 8 Vict. c. 66, s. 4. (e) Ibid. s. 5. (f) Ibid. The following regulations were issued by the Secretary of State for the Home Department on the 1st August, 1847, with reference to certificates of naturalisation, in pursuance of Statute 7 & 8 Viet., c. 66, entitled "An Act to amend the laws relating to aliens." "I. Upon an application to the Secretary of State for the grant of a certificate of naturalisation, it will be necessary that the applicant should present to one of Her Majesty's principal Secretaries of State a memorial, praying for such grant, stating :- Of what friendly state is he a subject? His age, profession, trade, or other occupation? Whether he is married, and has any children? Whether he has any settled place of residence, and where situated, and how long he has resided within the kingdom? Whether he intends to con- no more than years. naturalised |