ALIEN (Lat. alienus, belonging to an other; foreign). A foreigner; one of foreign Dirth.
In England, one born out of the allegiance of the king.
In the United States, one born out of the jurisdiction of the United States, and who has not been naturalized under their consti tution and laws. 2 Kent, Comm. 50. The children of ambassadors and ministers at foreign courts, however, are not aliens. And see 10 U. S. Stat. 604.
2. An alien cannot in general acquire title to real estate by descent, or by other mere operation of law, 7 Coke, 25 a; 1 Ventr. 417 ; 3 Johns. Cas. N. Y. 109; Hard. Ky. 61 ; and if he purchase land, he may be divested of the fee, upon an inquest of office found ; but until this is done he may sell, convey, or de vise the lands and pass a good title to the same. 4 Wheat. 453; 12 Mass.143; 6 Johns. Ch. N. Y. 365; 7 N. H. 475 ; 1 Washburn, Real Prop. 49. The disabilities of aliens in respect to holding lands are removed by sta tute in many of the states of the United States; in Arkansas, if they have declared an intention to become citizens, Rev. Stat. c. 7, 1; California, wholly if resident, Const. art. 7, 17 ; Act of 1856, c. 116; Connecticut, wholly, Comp. Stat. 1854, p. 630, 6; Dela ware, as in Arkansas, Rev. Code, 1852, c. 81, 1; Florida, wholly, Thompson, Dig. div. 2, tit. 2, c. 1, 3 ; Georgia, as in Arkansas, Cobb, Dig. 1851, p. 307; Illinois, in part, Rev. Stat. 1856, c. 34, 2; Iowa, wholly, (Joust, art. 1, 22; Kentucky, wholly if resident, Rev. Stat. 1851-52, c. 15, art. 3, 1; see 2 Dan. Ky. 40; Maine, wholly, Rev. Stat. 1857, c. 73, 2; Massachusetts, wholly, Gen. Stat. c. 90, 38; Michigan, wholly, Rev. Stat. 1846, c. 66, 5; Mississippi, wholly if resident, Rev. Code, 1857, c. 36, 9, art. 65; Missouri, as in Mis sissippi, Rev. Stat. 1845, c. 6, 1; New Hamp shire, wholly if resident, Comp. Stat. 1853, c. 135, 1; New Jersey, wholly, Rev. Stat. 1847, c. 1, 1; New York, partly, 2 Rev. Stat. 1852, p. 128, a 24, 25 ; Ohio, wholly, Rev. Stat. 1854,
c. 3, 1; Pennsylvania, wholly, Dunlop, Laws, p 73; Rhode Island, partly, Rev. Stat. 1857, c 151, 21; South Carolina, as in Arkansas, 5 Stat. at Large, 547; see 1 M'Cord, Ch. So.
C. 146; Tennessee, partly, Carruther & N. Dig. 1837, p. 87; Texas, wholly if a resident, and an intention to become a resident has been declared, Stat. 1854, c. 70, 2; Virginia, partly, Code, 1849, c. 115, 5; Wisconsin, wholly, Rev. Stat. 1849, c. 62, 35. In Ala bama, Code, 1852, 580; 4 Ala. 60; Mary land ; North Carolina, Code, 1854, c. 38, 9; 3 Ired. No. C. 146; Vermont, the common law prevails. 1 Washburn, Real Prop. 49, n.
3. An alien has a right to acquire per sonal estate, make and enforce contracts in relation to the same; he is protected from injuries and wrongs to his person and perty, his relative rights and character; he may sue and be sued. 7 Coke, 17; Dy. 2 b; 1 Cush. Mass. 531; 2 Sandf. Ch. N. Y. 586; 2 Woodb. & M. C. C. 1; 2 Kent, Comm. 63.
An alien, even after being naturalized, is ineligible to the office of president of the United States, and in some states, as in, New York, to that of governor; he cannot be a member of congress till the of seven years after his naturalization. An alien can exercise no political rights what, ever ; he cannot, therefore, vote at any politi cal election, fill any office, or serve as a juror. 6 Johns. N. Y. 332. The disabilities of aliens may be removed, and they may become citi zens, under the provisions of the Acts of Con gress of. April 14, 1802, c. 28; March 3, 1813, c. 184; March 22, 1816, c. 32; May 26, 1824, c. 186; May 24, 1828, c. 116. See 2 Curt. C. C. 98; 1 Woodb. & M. C. C. 323; 4 Gray, Mass. 559; 33 N. II. 89.
An alien owes a temporary local allegiance, and his property is liable to taxation. As to the case of alien enemies, see that title.
Consult Kent, Commentaries; Bouvier, In. etitutes ; Washburn, Real Property.
Of Estates. To alienate; to transfer.