judicially interpreted, with respect to the persona standi of the foreigner before the French tribunals, and the application of foreign law to foreign contracts or acts, cannot be pronounced satisfactory. It would seem that there is, practically, a discretion left to the Court as to the application of the foreign law, and that the rejection of it by the Court does not found the jurisdiction or warrant the interference of the Court of Cassation-ne peut donner ouverture à cassation; there must be also the contravention of a French law (h). Eminent French jurists, however, hold a sounder and more liberal opinion; they point out that, with respect to the status and capacity of the foreigner, the law, generally speaking, is clearly to be derived from the country of the foreigner.

"La disposition du troisième alinéa de l'Art. 3 du Code "Civil autorise à croire que le législateur français a "entendu laisser les étrangers non résidant en France "sous l'empire de leurs lois nationales pour tout ce qui "concerne leur état et leur capacité. Le juge français, "appelé à statuer sur la validité d'un acte passé par un étranger et attaqué par ce dernier pour cause d'incapa"cité, doit donc, en général, prendre pour guide de sa "décision la loi nationale de cet étranger" (i).

66

CCCLXXXV.A. It is clearly competent to each State to decide for itself, both whom it will consider to be aliens (j), and by what laws they shall be governed in their

(h) See this question discussed with learning, good sense, and perspicuity in the "Introduction" by M. Demangeat to the new work, Journal du Droit International Privé, Paris, 1874.

(i) MM. Aubrey & Rau (Cours de Droit Civil Français, t. i. § 31, pp. 90-92), cited ib. 13-La Disposition du troisième alinéa de l'Art. 3 du Code Civil.

(j) The English Acts relating to aliens apply to Ireland, since the Act of Union, as far as they are Acts affecting the status of persons in allegiance to the Sovereign of a United Kingdom.-Davies v. Lynch, in the Irish Queen's Bench 16 W. R. p. 1207.

An alien is a subject of a foreign State who has not been born within the allegiance of the Crown of this kingdom.-Reg, v. Burke, 11 Cox, Crim. Law Cases, p. 138.

various relations to the community. In modern times the necessities of mankind, the extension of commerce, sounder and wider views of policy, have led, and are still leading, to the abolition of restrictions, the creatures of feudal law and national jealousy, upon this subject; which is touched upon in various chapters of this volume and this work (k).

The most complete, and in many respects the most surprising, change has been effected, as already mentioned (), no later than during the year 1870, in the law of England (m) and the United States of North America. The English "Naturalization Act" (n) of that year contains the following enactments as to

STATUS OF ALIENS IN THE UNITED KINGDOM.

Sect. 2. Real and personal property of every description may be taken, acquired, held, and disposed of by an alien in the same manner in all respects as by a natural-born British subject; and a title to real and personal property of every description may be derived through, from, or in succession to an alien, in the same manner in all respects as through, from, or in succession to a natural-born British subject: Provided,

(1) That this section shall not confer any right on an alien to hold real property situate out of the United

The mere production of a passport found on a prisoner, which is proved to be granted by the authorities of a foreign State to natural born subjects only, is not evidence of his being an alien.—Ibid.

(k) E.g. as to the law with respect to Patent Rights and Copyright, vide post, chapter xxvii.

(1) See vol. i. App. V.

(m) This Statute has been decided not to be retrospective.--Sharp v. St. Sauveur (1873), 41 L. J. Chanc. p. 576, L. R. 7 Cha. App. p. 343. (n) 33 Vict. c. 14. [35 & 36 Vict. c. 39 recites the supplementary convention of Washington of February 23, 1871, and contains a saving clause as to such property of married women as might have been affected by the Naturalization Act of 1870.]

Kingdom, and shall not qualify an alien for any office or for any municipal, parliamentary, or other franchise:

(2) That this section shall not entitle an alien to any right or privilege as a British subject, except such rights and privileges in respect of property as are hereby expressly given to him:

(3) That this section shall not affect any estate or interest in real or personal property to which any person has or may become entitled, either mediately or immediately, in possession or expectancy, in pursuance of any disposition made before the passing of this Act, or in pursuance of any devolution by law on the death of any person dying before the passing of this Act.

Sect. 3. Where Her Majesty has entered into a convention with any foreign state to the effect that the subjects or citizens of that state who have been naturalized as British subjects may divest themselves of their status as such subjects, it shall be lawful for Her Majesty, by Order in Council, to declare that such convention has been entered into by Her Majesty; and from and after the date of such Order in Council, any person being originally a subject or citizen of the state referred to in such Order, who has been naturalized as a British subject, may, within such limit of time as may be provided in the convention, make a declaration of alienage, and from and after the date of his so making such declaration such person shall be regarded as an alien, and as a subject of the state to which he originally belonged as aforesaid.

A declaration of alienage may be made as follows; that is to say,-If the declarant be in the United Kingdom, in the presence of any justice of the peace; if elsewhere in Her Majesty's dominions, in the presence of any judge of any court of civil or criminal jurisdiction, of any justice of the peace, or of any other officer for the time being authorized by law, in the place in which the decla

rant is, to administer an oath for any judicial or other legal purpose. If out of Her Majesty's dominions, in the presence of any officer in the diplomatic or consular service of Her Majesty.

Sect. 4. Any person who by reason of his having been born within the dominions of Her Majesty is a natural-born subject, but who also at the time of his birth became under the law of any foreign state a subject of such state, and is still such subject, may, if of full age and not under any disability, make a declaration of alienage in manner aforesaid, and from and after the making of such declaration of alienage such person shall cease to be a British subject. Any person who is born out of Her Majesty's dominions of a father being a British subject (nn) may, if of full age, and not under any disability, make a declaration of alienage in manner aforesaid, and from and after the making of such declaration shall cease to be a British subject.

Sect. 5. From and after the passing of this Act, an alien shall not be entitled to be tried by a jury de medietate linguæ, but shall be triable in the same manner as if he were a natural-born subject.

EXPATRIATION.

Sect. 6. Any British subject who has at any time before, or may at any time after, the passing of this Act, when in any foreign state and not under any disability, voluntarily become naturalized in such state, shall, from and after the time of his so having become naturalized in such foreign state, be deemed to have ceased to be a British subject and be regarded as an alien. Provided,(1) That where any British subject has before the passing of this Act voluntarily become naturalized in a foreign state and yet is desirous of remaining a British subject, he may, at any time within two years after

[(nn) See De Geer v. Stone, L. R. 22 Ch. D. p. 243 as to Common Law and Statutory rules regarding the nationality of children of a British subject and their descendants, born abroad.]

the passing of this Act, make a declaration that he is desirous of remaining a British subject, and upon such declaration, hereinafter referred to as a declaration of British nationality, being made, and upon his taking the oath of allegiance, the declarant shall be deemed to be and to have been continually a British subject; with this qualification, that he shall not, when within the limits of the foreign state in which he has been naturalized, be deemed to be a British subject, unless he has ceased to be a subject of that state in pursuance of the laws thereof, or in pursuance of a treaty to that effect:

(2) A declaration of British nationality may be made, and the oath of allegiance be taken as follows; that is to say,-if the declarant be in the United Kingdom, in the presence of a justice of the peace; if elsewhere in Her Majesty's dominions, in the presence of any judge of any court of civil or criminal jurisdiction, of any justice of the peace, or of any other officer for the time being authorized by law, in the place in which the declarant is, to administer an oath for any judicial or other legal purpose. If out of Her Majesty's dominions, in the presence of any officer in the diplomatic or consular service of Her Majesty.

NATURALIZATION AND RESUMPTION OF BRITISH

NATIONALITY.

Sect. 7. An alien who, within such limited time before making the application hereinafter mentioned as may be allowed by one of Her Majesty's Principal Secretaries of State, either by general order or on any special occasion, has resided in the United Kingdom for a term of not less than five years, or has been in the service of the Crown for a term of not less than five years, and intends, when naturalized, either to reside in the United Kingdom, or to serve under the Crown, may apply to one of Her Majesty's