British subjects.

Who are alien enemies.

Aliens residing in Bri

capacities which a natural-born subject of the United Kingdom can enjoy or transmit, except the right of becoming a member of Her Majesty's Privy Council, or of either House of Parliament (a). Aliens have the right of perfect and unrestrained liberty of conscience; they may exercise their religion publicly or privately within their own dwelling-houses, or in chapels appointed for the purpose; and they may bury their dead in their own burial-places, which they may freely establish and maintain. Alien enemies, or subjects of states at war with the United Kingdom, are not allowed to trade with British subjects, all trade with the enemy being prohibited as soon as hostilities commence (b).

Aliens born out of British allegiance, residing or domiciled tain bound by in any part of the British dominion, are bound by all the laws and statutes of the realm (c).

British laws.

Who is a French sub ject.

FOREIGN LAWS.

France. Every individual born in France may, within a year of his attaining the majority, claim the character of a Frenchman, on the following conditions. When such individual resides in France he must declare his intention to fix his domicile there; when he resides abroad, he must declare his wish to take up his domicile in France, and establish himself there within a year of such declaration. Every child born of a French subject in foreign countries is a French subject. Every child born in a foreign country of a Frenchman who had lost the quality of a French subject may still recover his titles by fulfilling the declaration as above (d).

United States of America.-An alien is capable of acquiring, holding, and transmitting movable property, in like manner as an American citizen. He may even take a mortgage upon real

liam IV."-To obtain a certificate of
naturalisation an alien must have re-
sided three years in this country, with
the intention of permanent residence in
it. A naturalised British subject may
obtain from the Foreign Office a British
passport giving him right to claim
British protection everywhere except in
his own country. Upon his return in
his own country he is once more sub-

ject to its laws and local authorities. To preserve the right of British nationality in his own country he must first be denaturalised by its govern

ment.

(a) 7 & 8 Vict. c. 66, s. 6.

(b) The Sloop, 1 Rob. Rep. 196; Potts v. Bell, 8 T. R. 548. (c) 32 Hen. 8, c. 16, s. 9. (d) Code Napoléon, §§ 7-9.

aliens in dif

estate by way of security for a debt, but he cannot acquire a Rights of title to real property by descent, or created by other mere opera- ferent countion of law. In North Carolina aliens may purchase, hold, tries. and transfer real estate. In Louisiana aliens can inherit real estate and transmit it ab intestato.

Austria. Foreigners may acquire the rights of citizenship by entering a public service, by undertaking an industry which renders a continuous residence in the country necessary, by an uninterrupted residence of ten years at least, provided within this period they have not been convicted of any crime, or by a special authority of the political authorities (a).

Belgium.-Aliens have the same right to trade as natives. By the treaty of commerce of 1851, British subjects in Belgium, and Belgian subjects in the British empire, enjoy the same rights, privileges, liberties, favours, immunities, and exemptions in matters of commerce, as are or may be enjoyed by native subjects.

Buenos Ayres.-Foreigners may engage freely in trade with the same rights and obligations as the citizens of the state.

Costa Rica.-By the treaty of 1849, reciprocal freedom of trade was established between Britain and Costa Rica. The subjects and citizens of the two countries have liberty to come with their ships and cargoes to all places, ports, and rivers in the territories, dominions, and settlements of her Britannic Majesty in Europe, and in the territories of the Republic of Costa Rica, to which other foreigners are permitted to come.

Greece. By the treaty of 1837, it was agreed that throughout the whole extent of the territories of each contracting party, the subjects of both shall enjoy full and entire protection for their persons and property, with free and open access to the courts of justice, for the prosecution and defence of their just rights.

Dutchman.

Holland.-Native and foreign subjects are distinguished as Who is a follows:-All persons born in the kingdom, and in the Dutch colonies, of parents domiciled there; children of Dutch parents born abroad; persons born in the kingdom, even of parents not domiciled in it, provided they have fixed their domicile there; children born abroad of foreign parents domiciled in the kingdom or her colonies, and absent for a time, or for the public service; and those who have been naturalised and made denizens

(a) Austrian Code, § 29.

VOL. I.

D

Treaty right of aliens in Paraguay.

Russian laws on aliens.

are Dutchmen. Aliens are those who are not included in the above, or those who have lost the character of Dutchmen. Foreigners obtain the same rights as Dutchmen, when, by the authority of the king, they have established their domicile in the kingdom, and exhibited their authority to the provincial government, and when, after having established their domicile in a province of the kingdom, and remained there six years, they have declared to the provincial government that they have so resided in it and that they intend to establish themselves in the kingdom (a).

Paraguay. By the treaty of commerce of 1853, reciprocity of the right of trading was established between the United Kingdom and Paraguay. Although this Treaty is virtually expired, the same rights are continued to British subjects in Paraguay by an official declaration of the Paraguayan Govern

ment.

Russia. Foreigners may enter all the guilds of merchants in the same manner as the natives of the empire, and enjoy all the rights which such guilds bestow on Russian merchants. The houses and warehouses of foreigners, and the lands which are connected with them, are under the protection of the general laws. No search or perquisition can be made in their residences, nor any inspection of their books of accounts, except according to the rules in force as regards Russian subjects. Foreigners may acquire by purchase or inheritance, legacy, donation, or concession from the Crown, all kinds of property movable or immovable, with the exception, nevertheless, of those over which Russian hereditary nobles or foreigners have obtained previous rights. Foreigners, with the exception of Jews, may be agents for occupied estates if they have the procuration of the proprietors to that effect. They are also allowed to farm real property, and every other kind of property, inhabited or not, by conforming themselves to the conditions imposed on the natives of the empire. Foreign Jews, known by their social position, and by the vast extent of their commercial operations, arriving from abroad may, according to established regulations, and by especial authority, given annually by the Ministers of Finance, Interior and Foreign Affairs, trade in the empire, and establish banking houses therein, by obtaining a trading patent

(a) Dutch Code, §§ 5-7.

of the second guild. Such Jews are also permitted to establish factories, and to purchase and rent land according to the regulations of the present ukase. The commercial rights of the Asiatics are determined by Art. 227-233, of the Regulations of Commerce, Vol. XI. of the Body of Law (a).

Spain. Foreigners who have obtained their naturalisation or who are domiciled in Spain, according to the laws of the country, may freely engage in trade with the same rights and under the same obligations as the natives. Foreigners not naturalised, and not authorised to establish their legal domicile, can only engage in trade in the Spanish territory according to the existing regulations, and the treaties in force with their respective Governments. Where there are no special regulations they will enjoy the same rights and franchises as Spanish merchants enjoy in the states to which they respectively belong (b).

Rights of Spain.

aliens in

SECTION VIII.

DUTIES OF MERCHANTS-REGISTRATION.

BRITISH LAW.

No registra

tion of mer

chants in the United King

There is no general registry of merchants in the United Kingdom. Registration is only required in the case of jointstock banking companies and other companies, particulars of dom. which will be given under these respective heads.

FOREIGN LAWS.

Germany.-A registry of trade is established in connection with every commercial court, where all matters required by the code to be registered are to be entered. The register is public, and the inspection is allowed at the usual hours. An authenticated copy of any item entered may be procured by the payment of certain fees. Whatever is entered in the register of commerce is also made public by one or more newspapers, and every commercial court fixes, every year, the newspapers to be used for

the purpose (c).

Registration

of merchants in Germany.

Brazil. No one is deemed a merchant able to enjoy the Matriculation protection of the law in favour of trade unless he is matricu- trading. necessary for

(a) Russian Code, §§ 291-293, and Edict of 1857.

(b) Spanish Code, §§ 18-20.

(c) German Code, §§ 12-14.

Matriculation necessary.

Conditions for registration.

lated in the tribunal of commerce of the empire, and unless he makes of trading his habitual profession. The petition for matriculation must contain the name and address of the petitioner, and if it be a partnership, the names of the individuals who compose the firm, and the locality or domicile of the establishment. If any minor or married woman is to be united to the firm, his or her civil capacity must be stated. When the tribunal finds that the firm has legal capacity to contract and to have public credit, it will order the matriculation, and communicate the same to all the tribunals of commerce, and advertise it in the journals. The merchants who obtain a matriculation from a junta of commerce are bound to register the same in the tribunals of their domicile within four months. Every alteration which any merchant or partnership may make in his business must be entered in the matriculation within the same time, and must be alike published. The effective exercise of trade is understood to have a legal commencement from the date of publication of the matriculation (a).

Buenos Ayres.-That his operations and acts of trade may be regulated by commercial law, the trader must be matriculated in the tribunal of commerce of his domicile. The matriculation of the merchant is made at the registry of trade upon a petition containing his name, condition, and nationality, and if in partnership, the names of the partners and of the firm, the nature of the trade, the place or domicile of the establishment, and the names of the gerant or agent at the head of the establishment. The inscription in the register will be made gratuitously by the tribunal of commerce, provided it may not have reason to doubt whether the petitioner will enjoy the credit which a merchant of his class should have. The tribunal will refuse matriculation if the petitioner has no legal capacity to engage in trade. Every alteration made in the state of the firm must be brought to the knowledge of the tribunal of commerce, with the same formalities and solemnity.

Portugal.-Every person has the right to engage in trade, but he must be inscribed on a special register at the tribunal of commerce of his domicile. The inscription states the name and firm of the merchant, and the nature of his operations. It is conceded, after an inquiry, that the applicant enjoys credit

(a) Brazilian Code, § 10.