ALIEN (Lat. aienus, belonging to anoth er; foreign). A foreigner; one of foreign birth.
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 50.
The alien minor child of a naturalized cit izen who has never dwelt in the United States is not invested with citizenship by the provision of § 2172, U. S. R. S. 1901, p. 1334, that minor children of naturalized citi zens shall if dwelling in the U. S. be con sidered citizens thereof ; Zartarian v. Bill ings, 204 U. S. 170, 27 Sup. Ct. 182, 51 L. Ed. 428.
Citizens of Porto Rico are not aliens ; Gon zales v. Williams, 192 U. S. 1, 24 Sup. Ct. 177, 48 L. Ed. 317.
As to right to sue, see ABATEMENT.
An American woman who marries a for eigner takes her husband's nationality, but not if she continues to reside in the United States ; Wallenburg v. R. Co.; 159 Fed. 217. If she resides abroad at the termination of the marriage relation, she may resume her citizenship by registering as an American citizen with a consul of the United States or by returning to the United States; Act of March 2, 1907.
A treaty with Japan securing to her sub jects full liberty to enter, travel or reside in any part of the United States will not in clude such persons as are likely to become a public charge, or those forbidden to enter by the immigrant acts ; The Japanese Immi grant Case, 189 U. S. 86, 23 Sup. Ct. 611, 47 L. Ed. 721; nor will any treaty give to a British subject any different measure of jus tice from our own; Barrington v. Missouri, 205 U. S. 487, 27 Sup. Ct. 582, 51 L. Ed. 890.
An alien cannot in general acquire title to real estate by descent, or by other mere operation of law ; 7 Co. 25 a; Jackson v. Lunn, 3 Johns. Cas. (N. Y.) 109; Hunt v. Warnicke's Heirs, Hard. (Ky.) 61; Geofroy v. Riggs, 133 U. S. 265, 10 Sup. Ct. 295, 33 L. Ed. 642; 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 devise the lands and pass a good title to the same; Orr v. Hodgson, 4
Wheat. (U. S.) 453, 4 L. Ed. 613; Fox v. Southack, 12 Mass. 143 ; Mooers v. White, 6 Johns. Ch. (N. Y.) 365 ; Montgomery v. Dorion, 7 N. H. 475; 1 Washb. R. P. 49; Oregon Mtg. Co. v. Carstens, 16 Wash. 165, 47 Pac. 421, 35 L. R. A. 841. The state alone can question his right to hold land; Belden v. Wilkinson, 33 Misc. 659, 68.N. Y. Supp. 205; Madden v. State, 68 Kan. 658, 75 Pac. 1023. The disabilities of aliens in re spect to holding lands are removed by stat ute in many of the states of the United States and by United States treaties; Bahu aud v. Bize, 105 Fed. 485, and cases cited. The California Act of May 19, 1913, permits that aliens not eligible to citizenship may hold land to the extent provided by any ex isting treaty between the United States and such aliens' nation (and also may hold land for agricultural purgoses for a term of not over three years).
Provisions in regard to the transfer, devise or inheritance of property by aliens are fit ting subjects of regulation under the treaty niaking power of the United States, and a treaty will control or suspend the statutes of the individual states whenever it differs from them and, for that reason, if the sub ject of a foreign government is disqualified, under the laws of a state, from taking, holding or transferring real property, such disqualification will be removed if a treaty between the United States and such foreign government confers the right to take, hold, or transfer real property ; Wunderle v. Wun derle, 144 Ill. 40, 33 N. E. 195, 19 L. R. A. 84. So by virtue of treaties existing be tween the United States and France and Bavaria, citizens of the latter countries are exempt from the payment of a state tax im posed on foreign heirs and legatees; Succes sion of Dufour, 10 La. Ann. 391; Succession of Crusius, 19 id. 369; and by the "most fa vored nation" clause of the treaty with Italy, a subject of that country Is likewise exempt from the same tax ; Succession of Rixner, 48 La. Ann. 552, 19 South. 597, 32 L. R. A. 177.