ALIEN is defined by the British Nationality and Status of Aliens Act 1914-22 as a "person who is not a British subject." He is one who either owes allegiance to a foreign sovereign or is stateless. Calvin's Case (1608) decided that natives of Scotland born before the union of the Crowns were aliens in England, but that, since allegiance is to the person of the king, those born sub sequently. (post-nati) were English subjects. But in Isaacson v. Durant (1886) the Court held that allegiance was due to the king, in his political and not in his personal character. Consequently, upon the separation of the Crowns of England and Hanover on the accession of Queen Victoria, Hanoverians ceased to owe allegiance to the British Crown and became aliens; and those born after the separation of the kingdoms were a fortiori in the same position.
Formerly, aliens in England suffered many disabilities. At common law an alien could not hold landed property, not even under lease. Until the reign of Edward I., when by charter aliens were permitted to rent houses, foreign merchants lived in lodg ings. By 32 Hen. VIII. c. 16 alien artificers or handicraftsmen were forbidden to lease a dwelling house or shop. By the Natural ization Act, 1844, however, aliens were permitted to hold land or houses for residence or business for a term not exceeding 21 years, and also to take and hold personal property. They were incapable of inheriting real estate and of transmitting it by descent. By I1 & 12 William III. c. 6, natural-born subjects might derive title by descent through an alien ancestor. At common law an alien, whether the subject of a friendly or enemy state, possesses no legal right to enter British territory, but during his residence with in the British dominions he owes a local allegiance to the Crown to the same extent as a British subject. Thus he is subject to British law, including that of treason. He was incapable, even when naturalized by the Act of Naturalization, of being a member of the Privy Council or of either House of Parliament, and this is still the law as to persons naturalized otherwise than under the Acts of 187o and 1914. He was also incapable of holding any municipal office or of voting at parliamentary or municipal elec tions or of filling any office or place of trust, civil or military. Many of these disabilities were removed by the Naturalization Act 187o, the provisions of which were substantially re-enacted by the British Nationality and Status of Aliens Act 1914-22. By s.17 of this Act an alien may take, acquire, hold, and dispose of real and personal property as if he were a natural-born British sub ject; and a title to real and personal property may be derived through, from, or in succession to an alien in the same manner as through, from, or in succession to a natural-born British subject, provided that this section shall not operate so as to (I) confer any right on an alien to hold real property situated out of Great Britain; or (2) qualify an alien for any office or for any munici pal, parliamentary, or other franchise; or (3) qualify an alien to be the owner of a British ship; or (4) 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; or (5) affect any estate or interest in real or personal property to which any person has or may be entitled, either mediately or immediate ly, in possession or expectancy, in pursuance of any disposition made before May 12, 187o, or in pursuance of any distribution by law on the death of any person dying before that day. But an alien may purchase a British ship, and if she is built in England to be delivered to him abroad, she is not a "British ship" within the Merchant Shipping Act 1894. By the Representation of the People Act 1918 an alien is not entitled to be registered or to vote as a parliamentary or local government elector. By s.18 of the Nation ality Act of 1914 an alien is triable in the same manner as a natural-born British subject. By the Army Act 1881 an alien may with the consent of the Crown enlist in H.M. regular forces, but may not hold higher rank than that of a warrant or non-com missioned officer.
It seems to be a rule of general public law that an alien can be sent out of the realm by exercise of the Crown's prerogative ; but in modern English practice, whenever it seems necessary to expel foreigners (see EXPULSION), a special Act of parliament has to be obtained for the purpose, unless the case falls within the Extra dition Acts or the Aliens Act 1905. The Acts of 1905, 1914 and 1919 prohibit the landing in Great Britain of undesirable alien steerage passengers, called in the Act "immigrants," from ships carrying more than 20 alien steerage passengers, called in the Act "immigrant ships" ; nor can alien immigrants be landed except at certain ports at which there is an "immigrant officer," to whom power of prohibiting the landing is given, subject to a right of appeal to the immigration board of the port. The act contains a number of qualifications, and among these empowers the Secre tary of State to exempt any immigrant ship from its provisions if he is satisfied that a proper system is maintained to prevent the immigration of undesirable persons. The principal test of unde sirableness is not having or being in a position to obtain the means of supporting one's self and one's dependants, or appearing likely from disease or infirmity to become a charge on the rates, provided that the immigrant is not seeking to avoid prosecution or punish ment on religious or political grounds, or persecution, involving danger of imprisonment or danger to life or limb, on account of religious belief.
The powers conferred by the Aliens Restriction Act 1914 for the exclusion, control, and deportation of aliens during a state of war or national emergency are by the Aliens Restriction (amend ment) Act 1919 made permanent and further restrictions are imposed. Under the Act of 1914 by Order in Council aliens may be prohibited from landing or from embarking in Great Britain either generally or at certain places, may be deported, required to reside or remain, or forbidden to reside or remain in certain places, and required to comply with such provisions as to registra tion, change of abode, travelling, or otherwise as may be made by Order in Council. Under the Act of 1919 aliens inciting to sedition H.M. forces are liable on indictment to penal servitude or on sum mary conviction to imprisonment not exceeding three months, and for promoting industrial riot on summary conviction to im prisonment for a similar period. No alien may hold a pilotage certificate except certain certificates issued to masters or mates of French nationality. No alien may act as master, chief officer, or chief engineer of a British vessel or as skipper or second hand of a British fishing boat registered in Great Britain, except in the case of a vessel or boat employed habitually between ports out side Great Britain. Aliens certified by the Admiralty for good service are exempt from these restrictions. No alien may be employed in any capacity on board a British ship at a lower rate of pay for his rating than that current on British ships. Aliens, other than former enemy aliens habitually employed afloat in any capacity or in any climate for which they are specially fitted are exempt from the above restrictions except that relating to pay. No alien may be employed on a British ship registered in Great Britain unless he has produced satisfactory proof of his nationality. No alien may be appointed to any office or place in the Civil Service nor may he assume or use or continue the assumption or use of any name other than that by which he was ordinarily known on Aug. 4, 1914, nor carry on business in any name other than that in which he carried on business at the said date without the consent of the Secretary of State. The Trading with the Enemy (Amendment) Act 1918 applies for a period of five years from the termination of the war . . . and thereafter until parlia ment otherwise determines. By S. 2 no banking business may be carried on in Great Britain (a) by a company which is an enemy controlled corporation within the meaning of the act, or (b) by a firm or individual if the business carried on is with respect to which an order for the winding-up thereof could have been made under s. of the Trading with the Enemy Act, 1916.
Enemy aliens during the time of war have no civil rights or privileges, unless they are here under the protection and by per mission of the Crown. Thus an enemy alien who had registered under the Aliens Restriction Act 1914 as an enemy alien was held entitled to sue. And since an enemy alien can be sued here, he can appear and be heard in his defence, and if judgment proceed against him the appellate courts are as much open to him.
Formerly aliens acquired British nationality by special acts of parliament or became denizens by grants of letters of designation by the Crown; although both these processes are still available, aliens usually have since the Act of 1844 applied to the Home Secretary for certificates of naturalization. (H. H. L. B.) See Pitt Cobbett, Cases and Opinions on International Law, vol. ii. 4th ed. (1922) ; J. A. Foote, Private International Law, sth ed. (192s) ; L. F. L. Oppenheim, International Law, vol. ii., 4th ed. (1926).
In the United States state legislation has widely enabled aliens to hold real property by grant or devolution. Treaties have also been negotiated assuring aliens of the contracting parties recipro cal rights to hold land. In instances, however, such as the Pacific Coast Japanese land legislation, state statutes have prohibited specific types of aliens from owning or leasing land. Terrace v. Thompson, 263U .S. 197. Aliens are also entitled generally to the same protection that the law affords citizens, but discriminations between aliens and citizens can constitutionally be made wherever such differences of treatment are grounded upon a rational basis. Thus statutes forbidding the entry of aliens into certain trades and professions, prohibiting aliens from owning firearms, or dis tinguishing between aliens and citizens in the administration of fish and game laws, are common. Statutes again may incapacitate aliens from holding public offices entitling them to public emolu ments or to the right of suffrage. Distinctions are commonly drawn between declarants and non-declarants, i.e., those aliens who have manifested their intention to become citizens and those merely resident in the country. Control over the naturalization of aliens is vested in the federal government though state agencies are employed concurrently with federal in the process of naturaliz ing aliens. Deportation and exclusion lies with the federal govern ment. (See IMMIGRATION ; NATURALIZATION.) U. M. LA.)