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In particular, a former citizen of the Austro-Hungarian Monarchy, who, under the first article, is to be held as an American citizen, is liable to trial and punishment, according to the laws of AustroHungary, for non-fulfillment of military duty :
1st. If he has emigrated, after having been drafted at the time of conscription, and thus having become enrolled as a recruit for service in the standing army.
2d. If he has emigrated whilst he stood in service under the flag, or had a leave of absence only for a limited time.
3d. If, having a leave of absence for an unlimited time, or belonging to the reserve or to the militia, he has emigrated after having received a call into service, or after a public proclamation requiring his appearance, or after war has broken out.
On the other hand, a former citizen of the Austro-Hungarian Monarchy naturalized in the United States, who by or after his emigration has transgressed the legal provisions on military duty by any acts or omissions other than those above enumerated in the clauses numbered one, two, and three, can, on his return to his original country, neither be held subsequently to military service, nor remain liable to trial and punishment for the non-fulfillment of his military duty.
The convention for the mutual delivery of criminals, fugitives from justice, concluded on the 3d July, 1856, between the government of the United States of America, on the one part, and the AustroHungarian Monarchy, on the other part, as well as the additional convention, signed on the 8th May, 1848, to the treaty of commerce and navigation concluded between the said governments on the 27th of August, 1829, and especially the stipulations of Article IV of the said additional convention concerning the delivery of the deserters from the ships of war and merchant vessels, remain in force without change.
The emigrant from the one State, who, according to Article I, is to be held as a citizen of the other State, shall not, on his return to his original country, be constrained to resume his former citizenship; yet if he shall of his own accord reacquire it, and re-nounce the citizenship obtained by naturalization, such a renunciation is allowable, and no fixed period of residence shall be required for the recognition of his recovery of citizenship in his original country.
ARTICLE V. The present convention shall go into effect immediately on the exchange of ratifications, and shall continue in force ten years. If neither party shall have given to the other six months' previous notice of its intention then to terminate the same, it shall further remain in force until the end of twelve months after either of the contracting parties shall have given notice to the other of such intention.
ARTICLE VI. The present convention shall be ratified by the President of the United States, by and with the consent of the Senate of the United States, and by His Majesty the Emperor of Austria, etc., King of Hungary, with the constitutional consent of the two legislatures of the Austro-Hungarian Monarchy, and the ratifications shall be exchanged at Vienna within twelve months from the date hereof.
(Printed from treaty, accompanying President's proclamation.)
The following is a Synopsis of the Laws of the different
States, respecting the holding of Real Estate by Aliens, as far as we are enabled to state them from the most recent publications within our reach :
In Vermont, there being no statutory provision, the common law remains. (See General Statutes, Vermont, 1870.)
In New Hampshire, alien residents may take, purchase, hold, convey, or devise real estate, and the same may descend in the same way as if they were native citizens. (Statutes, 1853, c. 135, § 1, p. 252 ; Statutes, 1867, p. 253.)
In Massachusetts, aliens may take, hold, convey, and transmit real estate. (General Statutes, 1860, chap. 91, § 38.)
In Connecticut, alien residents of the State, or of the United States may purchase, hold, or transmit real estate, in the same manner as native born citizens; and an alien, not resident, may acquire real estate for mining purposes, and transmit the same in the same manner as though he was a native born citizen. (Revised Statutes, 1866, p. 537.)
In Rhode Island, by act of February 7, 1868, all disabilities in aliens taking, holding, conveying, and transmitting title to real estate situated within this State, are removed, and aliens may sue for and recover possession of real estate in the same way,
and with the same effect, as native born citizens of the United States. (Public Laws of Rhode Island, 1867-1869, p. 472.)
In Maine, aliens may take, hold, convey, and devise real estate. (Revised Statutes, 1857, p. 449, title 7, c. 73, 8 2; Ed. 1871, p. 552.)
In New York, alien heirs or devisees cannot take from citizens, native or naturalized, by descent or devise. Marriage of a feme sole with an alien husband, and her subsequent residence abroad, do not constitute her an alien, but she is still entitled to take by devise. The children of such marriage, born and living in a foreign country, are aliens, and cannot take by devise. (Barbour's Reports, vol. IX, pp. 35, 49, Beck vs. McGillis.)
Any alien who comes into the United States may make deposition that he is a resident of the State, and intends always to reside in the United States, and to become a citizen as soon as he can be naturalized, and that he has taken the incipient measures to obtain naturalization, and, on filing such deposition, he shall be enabled to take and hold lands to him, his heirs and assigns, for ever, and may, during six years, sell, assign, mortgage, devise, and dispose of the same, except that no such alien shall have power to lease or demise any estate, held under this provision till he is naturalized. When such alien shall die within six years, leaving heirs inhabitants of the United States, such heirs shall take by descent, in the same manner as they would have inherited if such alien had been at the time of his death a citizen. (Statutes at Large, Revised Statutes, vol. I, p. 669.)
Besides titles acquired under particular acts, as those of 1798, 1802, 1808 (see Statutes at Large, vol. IV, pp. 294, 295, 296, 297, 299, 300), decided to be transmissible to successive alien heirs, according to the most recent decisions, a resident alien, even though he may not have filed a deposition, according to the Revised Statutes, of his intention to become a citizen, may, by the act of 1845, take and transmit real estate to his alien heirs, who may hold it subject to escheat if males, if they do not file the required deposition of intention before the consummation of proceedings by the State. (New York Reports (Hand. III), vol. XLII, p. 178.)
In New Jersey, aliens not subjects of a power at war with the United States, may purchase lands, &c., and hold the same to their heirs and assigns as fully as any native born citizen. (Nixon's Digest of the Laws of New Jersey, 1709–1868, p. 6.)
In Pennsylvania, every person being a citizen of a foreign State, may take or acquire, by devise or descent, lands, and hold and dispose of the same in as full a manner as citizens, and by act of May 1, 1861, aliens may purchase, possess, and transmit real estate not exceeding 5,000 acres and $20,000 in value. (Purdon's Digest, 1700–1870, p. 44, § 1.)
By the Revised Statutes of Pennsylvania, as reported to the legislature in 1871, aliens whose government is, at the time thereof, at peace with the government of the United States, may acquire, by purchase or descent, lands not exceeding 2,000 acres in this State, and transmit the same, by contract or devise, or through the intestate laws of the State. (Revised Statutes, by Derickson & Hal, 1871, p. 190.)
In Delaware, an alien, residing in the State, and having declared his intention to be a citizen, is capable of taking and holding, or of aliening land, &c.; and upon the death of an alien, having a right to real estate by purchase or descent, according to this act intestate, as to such lands, they shall descend to and in the same manner as if the said alien was a citizen of the United States, and it shall be no objection to the kindred, husband or widow of such alien, or of any citizen deceased, taking lands, &c., by virtue of the intestate law of the State, that they are aliens, if, at the time of his death, they reside within the l'nited States, and any such kindred being aliens, and not residing in the United States at intestate's death, shall be passed by, and the effect shall be the same as if they were dead. (Delaware Revised Statutes, 1852, tit. 12, § 1, p. 260.)
The Maryland law (Code of Laws, art. 481), aliens actual residents of the State, may take and hold real estate by purchase, or to which, if citizens, they would be entitled by descent, provided, if any male alien acquire any interest in any real estate, he shall, within one year, declare his intention to become a citizen and naturalize himself within twelve months of his being capable to do so; and if he die within a year after acquiring such estate without making a declaration, or if he die within the time prescribed for becoming a citizen, it shall descend to his heirs, provided his heirs, if male aliens, comply with the conditions of the Statute. (Maryland Code, 1860, vol. I, p. 18.)
In Ohio, aliens may hold, possess, and transmit lands as completely as a citizen of the United States. (Swain's Revised Statutes, p. 40.)
In Iowa, by the Constitution, “ Foreigners who are, or may become residents of this State, shall enjoy the same rights in respect to the possession, enjoyment, and descent of property, as native born citizens” (Laws of Iowa, Ed. 1860, p. 971), but non-resident aliens are incapable of holding lands. (Iowa Rep. vol. XX, p. 45.)
In Indiana, the Statute of 1861 has removed the common law disabilities of an alien to take by descent or devise, but the time during which a non-resident alien may hold, &c., real estate, expires eight years after the final settlement of decedent's estate. If a non-resident alien, who has acquired by descent or devise, die before expiration of that time, his heirs, if non-resident aliens, shall hold with the same provision, and if citizens or bona fide residents of the United States, they shall inherit as if ancestors or devisors were citizens. (Davis' Supplement to Statutes of Indiana, p. 14.)
In Illinois, all aliens may take, by deed, will, or otherwise, lands and tenements, and alienate, sell, assign, and transmit them to their heirs, or any other persons, whether citizens of the United States or not; "and it shall be no objection to any persons having an interest in such estate that they are not citizens of the United States, but all such persons shall have the same rights and remedies, and in all things be placed on the same footing as natural born citizens and actual residents of the United States." (Cross' Statutes of Illinois, 1870, p. 7.)
In Minnesota, any alien may take and hold real estate, and no title to real estate shall be invalid on account of the alienage of the former owner. (Statutes of Minnesota, 1866, p. 541.)
In Nebraska, the rule is the same as in Minnesota. (Revised Statutes, 1861, p. 292.)
In Nevada, it is provided by the Constitution that foreigners who are, or may hereafter, become bona fide residents, shall enjoy the same rights in respect to the possession, enjoyment, and inheritance of property, as native born citizens. (Constitution, art. 1, § 16.)