Ramires

delivered the opinion of the Court.

This was~an action for rent falling due upon a lease. The defence is set up that the lessor was a non-resident foreigner, and the lease therefore void.

At the common law, a foreigner might purchase, but could not hold real estate. But after stating this principle, the question arises, how was he to be divested so as to forfeit the lands to the crown. There was but one method, and that by inquest of office. This was a proceeding by which it was found, that he was an alien and held the land, &c. To hold land, (being an alien,) was a species of offence, and the proceeding for the forfeiture was quasi criminal.

But I have seen no case in which it was held that an alien could be deprived of land, or of any rights incident to its ownership by proof of his alienage in a collateral proceeding. If the sovereign does not enforce his prerogative, it is no cause for the subject to complain.

Coke says, that the estate purchased by an alien does not vest in the sovereign till “ office found;” until which the alien is seised, and may sustain actions for injuries to the property. But it is insisted, that although the alien may hold until office found, yet…