FREE BOOKS

Author's List




PREV.   NEXT  
|<   22   23   24   25   26   27   28   29   30   31   32   33   34   35   36   37   38   39   40   41   42   43   44   45   46  
47   48   49   50   51   52   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   68   69   70   71   >>   >|  
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
PREV.   NEXT  
|<   22   23   24   25   26   27   28   29   30   31   32   33   34   35   36   37   38   39   40   41   42   43   44   45   46  
47   48   49   50   51   52   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   68   69   70   71   >>   >|  



Top keywords:

country

 

Sidenote

 

character

 

rights

 
privileges
 

ladies

 

actual

 

hostility

 

friends

 

subjects


hostile

 

neutral

 

native

 
husband
 
retain
 
allegiance
 

personal

 

commercial

 

domicile

 

British


employment

 

subject

 

enable

 
family
 

residing

 

exception

 
acquired
 
Hostility
 

Enemies

 
Nationality

fellow
 

regular

 
Domicile
 

termed

 
traitor
 

prisoner

 

employed

 
vessel
 

legally

 

commissioned


service

 
general
 

Mariner

 

Mariners

 
friend
 

engaging

 

entitle

 

belligerent

 
benefit
 

commission