ALIENS.

At common law aliens were not capable of inheriting or holding any estate or interest in lands, and if any lands were purchased by an alien, the Crown was entitled to seize them. The rule applied to equitable as well as legal estates (u). The child of foreign parents born in England is not an alien, and the privileges of a natural-born subject have been by statute extended to (1) children born abroad of natural-born fathers; (2) the children of males whose fathers were natural born; (3) the children of natural-born mothers; and (4) the wives of natural-born or naturalized subjects (x).

An alien could be made a denizen by letters patent, whereupon he became capable of holding, but not of inheriting, land.

Since the 6th August, 1844, aliens have been able to hold land for a lease not exceeding twenty-one years for the purpose of occupation or business (y), and now, since the 12th May, 1870, they have, as regards holding land, been upon an equality with natural-born subjects (≈).

An alien is, however, still under some incapacities; thus, he cannot be made a protector of a settlement (a).

The effect of naturalization is to make the person naturalized a British subject, and he is thenceforth subject to no disability whatever.

Naturalization prior to the Act of 1870 is proved by certificate of a Secretary of State (y).

Requisitions.

1. Was Mr. Müller, the predecessor in title of the vendor, an alien? If so, was he ever naturalized?

2. A certificate of the naturalization of Herr Braun from

a Secretary of State must be produced.

3. Jean Legendre must join in the conveyance to the pur

(u) Sharp v. St. Sauveur, L. R. 7 Ch. 343; 41 L. J. Ch. 576; 26 L. T. 142; 20 W. R. 269.

(x) 4 Geo. 2, c. 21; 13 Geo. 3, c. 21; 7 & 8 Vict. c. 66; 33 & 34

Vict. c. 14.

(y) 7 & 8 Vict. c. 66.

() 33 & 34 Vict. c. 14, s. 2.

(a) Fines and Recoveries Act, 1833 (3 & 4 Will. 4, c. 74), s. 32.

chaser to release his estate by curtesy unless the vendor can show that he was an alien at the time of his wife's death in January, 1870.

ALLOTMENTS AND COTTAGE GARDENS.
See AGRICULTURAL HOLDINGS.

ALTERATIONS.

See DEEDS-WILLS.

ANNUITIES AND RENTCHARGES.

A rentcharge is a rent payable out of land to a person who has no future interest or reversion in such land (b). The rent may be payable for life or other limited period, when it is usually referred to as an annuity charged on the land, or it may be perpetual, when it is called a rentcharge. Rentcharges payable out of freehold lands are common in Manchester and some other places in the north of England.

Where no express power of distress was reserved by the instrument creating a rentcharge, such power was, many years ago, given by statute (c); and now there is no longer any necessity to insert in an instrument creating a rentcharge any provisions for its recovery, as in the case of all instruments coming into operation after the 31st of December, 1881, the person entitled to any annual sum charged on land has, in the absence of any contrary intention expressed therein, the following remedies as far as they might have been conferred by the instrument under which the annual sum arises :(1) When unpaid for twenty-one days after time appointed for payment, to enter and distrain.

(b) 2 Blackstone, 42.

(c) 4 Geo. 2, c. 28, s. 5..

(2) When unpaid for forty days after time appointed for payment, even if no legal demand made, to enter and hold the land without impeachment of waste, and take the income until all the arrears and costs are satisfied.

(3) In the like case to demise the land charged to a trustee

for a term of years with or without impeachment of waste on trust by mortgage, sale, or demise, or receipt of income, or other reasonable means, to raise and pay the arrears and costs (d),

In addition to the above remedies, the owner of a rentcharge can (1) apply to the court and obtain an order to enforce the charge on the land by sale or mortgage (e), or (2) sue the terre-tenant for the amount owing. With regard to the last-mentioned remedy, it is to be observed that the liability of subsequent owners of the land charged does not arise by reason of the covenant for payment running with the land, as the law on the subject of covenants running with the land does not apply; the ground on which such subsequent owner is liable is as the pernor of the profits of the land; he was formerly liable to a real action for non-payment of the rentcharge, and now, since real actions are abolished, he is liable to an action for debt (ƒ), and it would seem that subsequent owners are equally liable even if the profits are insufficient to keep down the rentcharge (g). A rentcharge is put an end to

(1) By release. Part as well as the whole of the land can now be released without prejudice to the rights of all persons interested in the lands remaining unreleased, and not concurring in or confirming the release (h).

(2) By merger, through the person entitled to the rentcharge acquiring the land on which it is charged. (3) By redemption, under the Conveyancing Act, 1881 (i), under which the Board of Agriculture may fix the amount of consideration for redemption, and on proof of payment may grant a certificate, which is conclusive, declaring the land to be freed from the charge.

(4) By discharge, under the Conveyancing Act, 1881 (k), which applies to a sale either by the court or out of court, and provides that the court may direct or allow payment into court of a capital sum to keep down the charge, and may declare the land freed from such charge (1).

(5) By expiration, where the rentcharge has been granted for a limited period.

(6) By the estate on which the rent is charged coming to an end. This will not, however, free the original

grantor from liability.

Prior to the 13th August, 1859, if an annuitant released any part of the land from the annuity charged upon it, the whole annuity was gone so far as regards the charge on the land, but since that date the release from a rentcharge of part of the land charged therewith does not operate as a discharge of the whole land, but only of the part released (m). Where, therefore, after the 12th August, 1859, the owner of land which is subject to a rentcharge sells and conveys such land in separate portions to different persons, and the person entitled joins in the conveyance of one only of such portions and releases it from the rentcharge without the concurrence of the person to whom the other portion has been conveyed, the whole of such rentcharge is not extinguished, but only a proportionate part of it can be recovered from the person to whom the unreleased portion was conveyed (n).

(i) Conveyancing Act, 1881 (44 & 45 Vict. c. 41), s. 45. (k) Ibid. s. 5. (1) Ibid.

(m) 22 & 23 Vict. c. 35, s. 10. (n) Booth v. Smith, 14 Q. B. D. 318; 54 L. J. Q. B. 119; 51 L. T. 742; 33 W. R. 142.

Annuities or rentcharges for life or any term of years determinable on life, granted otherwise than by will or marriage settlement after the 25th April, 1855, do not affect any lands as to purchasers, mortgagees, or creditors until registered (0); but an annuity, though unregistered, will bind a purchaser with notice (p).

A purchaser may rely upon a search at the proper office as far as regards life annuities and rentcharges created otherwise than by will or marriage settlement, but with regard to those created by will or marriage settlement and to all perpetual annuities and rentcharges, a purchaser can only rely upon the abstract being complete, and on the fact that the vendor or mortgagor, solicitor or agent, who conceals any instrument to the title or any incumbrance from a purchaser or mortgagee with intent to defraud is guilty of misdemeanour and also liable to an action for damages (9).

The period within which proceedings must be taken by action or distress to enforce payment against the land is twelve years from the last payment of rent, but no arrears of the rentcharge can be thus recovered except within six years after becoming due (). These provisions do not apply to an action on a covenant to pay the annual sum, and twenty years' arrears can be recovered in a personal action against the covenantor (s). See CHARGES BY WILL-DEATH DUTIES LIMITATION, STATUTES OF SEARCHES.

Requisitions.

1. The land contracted to be sold is apparently, together with other land devised by the will of A. B., deceased, subject to a rentcharge of £ a year. The vendor must, at his own expense, either procure a release of the part of the land in question or redeem the rentcharge under the Conveyancing Act, 1881, s. 45.

(0) 18 & 19 Vict. c. 15.

(p) Greaves v. Tofield, 14 Ch. D. 563; 50 L. J. Ch. 118; 43 L. T. 100; 28 W. R. 840.

(g) 22 & 23 Vict. c. 35, s. 24.

(r) 3 & 4 Will. 4, c. 27, ss. 3, 42; 37 & 38 Vict. c. 57, s. 1.

(s) 3 & 4 Will. 4, c. 42; Strachan v. Thomas, 12 Ad. & E. 536; 4 Per. & D. 229.