West Virginia, Code of 1868, p. 458: Alien, not an enemy, who shall declare before a court of record that he intends to continue to reside in this State, may, if actually resident, inherit, purchase and hold real estate, as if he were a citizen; and may convey or devise the same, and if intestate, it shall descend to his heirs; and the alienee, devisee or heir may take and hold, provided he comes or be in the State within five years, and declare his intention to reside there.

In Florida, aliens of any country or nation whatever, may purchase, hold, enjoy, sell, convey or devise any lands and tenements in in this State, to the same extent, and with the same right as citizens of the United States, and may derive title by descent through aliens. (Acts of Nov. 17, 1829, and Feb. 17, 1833; Thompson's Digest, title 2, chap. i, § 3, p. 190.)

In Alabama, there is no modification of the common law in favor of aliens, when the devisees are incapable of taking, and if there are no lawful heirs the property escheats. (Revised Code of Alabama, 1867, p. 500.)

In Louisiana, the common law does not prevail, and foreigners are not there subjected to any disability as to real estate.

In North Carolina, there is no modification of the common law in favor of aliens.

Georgia, Code of 1868, p. 333: Aliens, subjects of governments at peace with the United States and this State, so long as their governments remain at peace, shall be entitled to all the rights of citizens of other States resident in this State, and shall have the privilege of purchasing, holding, and conveying real estate in this State.

In Texas, the Constitution of the Republic and Statutes of 1840, changed the rule of the common law which excluded aliens from the inheritance of lands, so as to create a defeasable estate in the heirs of a citizen of the Republic dying intestate or otherwise.

Upon the death of the owner, the title instantly vested, subject to be defeated by the failure of the heir or heirs to become citizens, or to dispose of the estate, by sale, within the period prescribed by the Statute. The estate is one upon condition that within nine years from the death of the ancestor, the heirs shall become citizens, or shall sell the land. The law annexed this condition to the estate. It was a condition in law, or more properly a limitation than a condition, and the estate, it would seem, was a qualified or determinable fee, determinable upon the failure to perform the condition within the time limited for its performance. The heirs upon whom the descent is cast,

failing to comply with the condition of the law before the expiration of the period, no more distant relations, who may have become citizens, are entitled to take, but the estate goes to the State. (25 Texas Reports, p. 233, Bailey v. Cameron.)

By the act of March 8, 1848, in making title by descent, it shall be no bar that any ancestor is or was an alien, and every alien to whom land may descend or be devised, shall have nine years to become a citizen or to sell the same.

By act of 13th February, 1854, any alien, being a free white person, shall have and enjoy in the State of Texas such rights as are or shall be accorded to American citizens by the laws of the nation to which such alien belongs, or by the treaties of such nation with the United States.

Aliens may take and hold any property, real or personal, in this State, by devise or descent from an alien or citizen, in the same manner in which a citizen of the United States may take and hold real or personal property, by devise or descent, within the country of such alien.*

Any alien, being a free person, who shall become a resident of this State, and shall, in conformity with the naturalization laws of the United States, have declared his intention to become a citizen of the United States, shall have the right to acquire and hold real estate in this State in the same manner as if he was a citizen of the United States. The act of 1848, so far as it is inconsistent with this act, is repealed. (Laws of Texas, Paschal's Digest, 1870, p. 160.)

In South Carolina, any citizen or alien who has entered into any bona fide contract, or who has received any grant or deed of conveyance for or relating to any real property in this State, or whose titles are derived from or through aliens, either mediately or immediately, may and shall hold and enjoy the same in fee simple, or for any less estate, according to the nature of his contract, grant or deed, any law, usage or custom to the contrary notwithstanding; provided, however, that every alien shall, before he be entitled to the benefits of the act, declare his or her intention of becoming a citizen of the United States.

By the second section of the same act, aliens can devise and convey the property acquired by virtue of the act, to children and grand

* These provisions would seem to have been passed to carry out the provisions of the Convention of 1853 with France.

children who were born previously to the acquisition of the property; and, in case of non-alienation, or of dying intestate, the property is distributable among their relations under the Distribution Act of the State; provided, however, that the child, grandchild or distributee to whom the property is conveyed, devised or distributed, as the case may be, shall, within twelve months, become a resident of the State, and a citizen thereof, as soon as the laws permit. (Statutes, vol. V, p. 547, § 1.)

In Arkansas, aliens residing in the State, who have made declaration according to law, of their intention to become citizens of the United States, are capable of taking, by deed or will, and holding, aliening or devising real estate; and, upon the decease of any alien having title by purchase or descent, according to this act, of any real estate, it shall descend and pass as if such alien were a citizen of the United States, and the husband, widow or kindred of the deceased alien, or of any citizen may inherit, notwithstanding they are aliens, if, at the time of the death, they are resident within the United States. (Act of December 6, 1837; Digest of Statutes, 1858, ch. ix.)

In Tennessee, an alien may take and hold real estate in this State, by purchase, inheritance, or in any other way which may be agreed upon, by treaty between the United States and the country of which he is a citizen or subject.

Any alien resident in this State, who has legally declared his intention under the naturalization laws, to become a citizen of the United States, may take and hold, dispose of or transmit, by descent, any real estate, as a native citizen.

An alien who is resident in the United States at the time of the death of an intestate, and has declared, or shall, within twelve months thereafter declare, his intention to become a citizen, shall be capable of inheriting the estate of such intestate. (Code, 1858, p. 407.) By the act of Feb. 15, 1870, a non-resident alien may acquire real estate by descent or devise, and hold, sell, alienate and convey the same as if he was a citizen of the United States, but his right to hold, &c., expires seven years after the settlement of the decedent's estate. If the non-resident alien dies before the expiration of the time in possession, his heirs or devisees, if they are non-resident aliens, shall acquire and hold under the act, but if citizens, they shall inherit, as if such ancestor or devisor were a citizen of the United States. This act shall apply only to citizens of other countries, which confer, by treaty

and public laws, similar privileges on citizens of the United States. (Shankland, p. 104.)

In Mississippi, an alien residing in the State may acquire real estate, but he cannot transmit it without being naturalized. If he dies before naturalization, his real estate will escheat to the State, but the proceeds will be paid to the heirs, if applied for within six years. (Revised Code, 1857, chap. 36, sec. 9, art. 65, pp. 320-1.)

The law of Colorado was in the same words as that of Illinois as to the tenure and transmission of lands by and to aliens, except that it contained words restricting it to aliens "residing in this territory." (Revised Statutes of Colorado, 1868, vol. I, p. 46.) By an act passed 10th Feb., 1870, these words are stricken out, and all aliens may acquire and transmit lands there. (General Laws of Colorado, 1870, p. 43.)

By a law of Maryland, adopted as the law of the District of Columbia, by act of Congress passed 27th February, 1801, any foreigner may, by deed or will, take and hold lands within that part of the territory of Columbia, which was in that State, and the same land may be conveyed by him, and transmitted to, and be inherited by, his heirs or relatives, as if he or they were citizens of that State. (Thompson's Digest of the Laws of District of Columbia, p. 75.)

IV.

TREATIES

OF THE UNITED STATES WITH FOREIGN POWERS IN REFERENCE TO THE TRANSMISSION OF REAL ESTATE TO ALIENS.

I.

GREAT BRITAIN.

Neither the provisional articles of November 30, 1782, nor the definitive treaty of September 30, 1783, acknowledging the independence of the United States by Great Britain, makes any stipulations as to the titles of real estate held by the subjects or citizens of the respective parties in the dominions of the other, further than that the fifth article of the two acts, which are identical, declares that Congress shall

earnestly recommend to the legislatures of the respective States to provide for the restitution of all estates, rights, and property which have been confiscated, belonging to real British subjects, and also of the estates, &c., of persons resident in districts in the possession of His Majesty's arms, and who have not borne arms against the United States. And that persons of any other description shall have free liberty to go to any part of the thirteen United States and therein to remain twelve months, unmolested in their endeavors to obtain restitution of such of their estates, &c., as may have been confiscated, and that Congress shall also earnestly recommend to the several States a reconsideration and revision of all acts or laws regarding the premises, so as to render the said laws or acts perfectly consistent not only with justice and equity, but with that spirit of conciliation which, on the return of the blessings of peace, should universally prevail; and that Congress should also recommend to the several States that the estates, &c., of last mentioned persons shall be restored to them, they refunding to any persons in possession the bona fide price (where any has been given) which such persons may have paid on purchasing any of the said lands, rights, and properties, since the confiscation; and it is agreed, that all persons who have any interest in confiscated lands, either by debts, marriage settlements, or otherwise, shall meet with no lawful impediment in the prosecution of their just rights. By article VI, likewise the same in both treaties, there shall be no further confiscations nor any prosecution be commenced against any person by reason of the part he may have taken in the war, and that no person shall on that account suffer any future loss or damage either in his person, liberty, or property. (United States Statutes at Large, vol. VIII, pp. 56 and 82.)

[The following stipulation applying to the titles as they existed before American independence, is in accordance with the rule of the laws of nations, that a dismemberment of the empire works no forfeiture of previously vested rights of property.]

The treaty of November 17, 1794, provides: Art. IX. “It is agreed that British subjects who now hold lands in the territories of the United States, and American citizens who now hold lands in the dominions of His Majesty, shall continue to hold them according to the nature and tenure of their respective estates and titles therein; and may grant, sell, or devise the same to whom they please, in like manner as if they were natives; and that neither they nor their heirs or assigns shall, so far as may respect the said lands and the legal remedies incident