l comfort, by
applying himself in his trade or business, and may maintain an action
on his contract for his wages; nor can he be compelled, when sueing
for money necessary for his support, to give security for costs like
any other foreigner temporarily resident in this country.[61]
* * * * *
[Sidenote: Married Foreigners.]
A wife generally follows the country and allegiance of her husband;
but where she is in this country of necessity, or is here owing
allegiance by her birth, and her husband is an alien enemy and under
an absolute disability to come and live here, the law steps in to her
aid, and gives her the privileges of an unmarried woman, so that she
may sue and be sued, and make contracts for and against herself, for
her maintenance. "Her case," says Chief Justice Holt, "does not differ
from that of those ladies who were allowed to sue and be sued upon the
adjuration or banishments of their lords, as if they had been
sole."[62]
Foreign ladies, who have married Englishmen, are, by their marriage,
naturalized, and have all the rights, privileges, and duties, of
natural-born subjects, and cease to be enemies.[63]
* * * * *
[Sidenote: Enemies by Hostility.]
A hostile character may be acquired by alien friends, by acts of
actual hostility, and by alien friends and our fellow-subjects also,
by what are termed personal and commercial domicile. Of course a
British subject in actual hostility to his native country is more than
enemy, he is a traitor, and has no belligerent rights; but an alien
friend, that is a neutral engaging in war against this country, under
the commission of a foreign prince, and in the ranks of a hostile
army, or on board a legally commissioned enemy's vessel, is an enemy,
and has all the rights of a prisoner of war, if taken.
* * * * *
[Sidenote: Mariners.]
A Mariner, by a general rule, takes the character of the country in
whose service he is employed, and even fugitive visits to the place of
his birth will not entitle him to retain the benefit of a neutral
character, in opposition to a regular course of employment in the
enemy's country and trade; nor does the fact of his wife and family
residing in his own country enable him to retain his native
character.[64]
* * * * *
[Sidenote: Domicile, Test of Nationality.]
With the exception of these spe
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