[654] See an Act for the Registration of Aliens, &c., 1836 (6 & 7 William IV. c. 11).
[655] That aliens cannot now any longer belong to the London Stock Exchange, is an outcome not of British Municipal Law, but of regulations of the Stock Exchange.
Departure from the Foreign Country.
§ 322. Since a State holds territorial only, but not personal supremacy over an alien within its boundaries, it can never under any circumstances prevent him from leaving its territory, provided he has fulfilled his local obligations, as payment of rates and taxes, of fines, of private debts, and the like. And an alien leaving a State can take all his property away with him, and a tax for leaving the country or tax upon the property he takes away with him[656] cannot be levied. And it must be specially mentioned that since the beginning of the nineteenth century the so-called droit d'aubaine belongs to the past; this is the name of the right, which was formerly frequently exercised, of a State to confiscate the whole estate of an alien deceased on its territory.[657] But if a State levies estate duties in the case of a citizen dying on its territory, as Great Britain does according to the Finance Act[658] of 1894, such duties can likewise be levied in case of an alien dying on its territory.
[656] So-called gabella emigrationis.
[657] See details in Wheaton, § 82. The droit d'aubaine was likewise named jus albinagii.
[658] 57 & 58 Vict. c. 30. Estate duty is levied in Great Britain in the case also of such alien dying abroad as leaves movable property in the United Kingdom without having ever been resident there. As far as the Law of Nations is concerned, it is doubtful whether Great Britain is competent to claim estate duties in such cases.
VIII EXPULSION OF ALIENS
Hall, § 63—Westlake, I. p. 210—Phillimore, I. § 364—Halleck, I. pp. 460-461—Taylor, § 186—Walker, § 19—Wharton, II. § 206—Moore, IV. §§ 550-559—Bluntschli, §§ 383-384—Stoerk in Holtzendorff, II. pp. 646-656—Ullmann, § 115—Bonfils, No. 442—Despagnet, Nos. 336-337—Pradier-Fodéré, III. Nos. 1857-1859—Rivier, I. pp. 311-314—Nys, II. pp. 229-237—Calvo, VI. §§ 119-125—Fiore, Code, Nos. 252-259—Martens, I. § 79—Bleteau, "De l'asile et de l'expulsion" (1886)—Berc, "De l'expulsion des étrangers" (1888)—Féraud-Giraud, "Droit d'expulsion des étrangers" (1889)—Langhard, "Das Recht der politischen Fremdenausweisung" (1891)—Overbeck, "Niederlassungsfreiheit und Ausweisungsrecht" (1906)—Rolin-Jaequemyns in R.I. XX. (1888), pp. 499 and 615—Proceedings of the American Society of International Law, 1911, pp. 119-149.
Competence to expel Aliens.