creditor in such case. attachment is, in such case, lost; yet, if the property be not forthcoming upon the execution,or other property cannot be found to satisfy the execution, the officer who made the at- Officer liable to the tachment is answerable to the plaintiff for the amount of it; for it was through the negligence of the officer that the attachment was lost; and the plaintiff shall not suffer for his negligence. Mass. Stat. June 18, 4th. So also if an appellant, who is also plaintiff in the action, omit to enter his appeal at the regular term, but 1791, act 6, sect. 1. enters it, on petition, at a subsequent term; in such case the attachment on the original writ is discharged. So also if an appellee, who is also plaintiff in the action, omit to enter his complaint, for affirmation of judgment, at the regular term, but enters it, on petition, at a subsequent term, in such case also the attachment, on the original writ, is discharged. IV. How far an officer is justifiable in breaking the doors of a dwelling-house, to make an attachment. Ibid, Semayne's Case, It is not lawful for the sheriff or his officers, to break the house of any person to execute a civil process against the 5 Co. 91, 92 goods or the person; and if the sheriff or his officers do so, he is a trespasser; for the law will not allow such breach of the peace. And although the officer does not himself actually break the door; yet, if by fraud or force, he compels those within Constructive break to open it, upon which he forcibly enters, this is a con structive breaking of the house, and he is liable. Therefore, where bailiffs rapped at a door, and, on its being ing. Hob. 62. opened to see who was there, rushed forcibly in with their Park v. Evans, 5 Co. 91. The law extends its protection only to the goods or person of But this privilege is confined to the person or goods of the owner of the house, or such as are brought there, with- Semayne's Case, out fraud or covin; and therefore shall not protect the person or goods cf any other, which are brought there to prevent a lawful execution; and therefore, in such case, after denial and request, the sheriff may break doors to do the execution. But, in such case, a demand of the delivery Z VOL. I. PART I. the owner of the house. Lee v. Gansel, of the goods is necessary; for if he breaks the house, without making such demand, he is a trespasser. So also, if the officer finds the outer door open, and enters peaceably, he may break open the inner door to The officer may break make an arrest, and, of course, to make an attachment. open an inner-door. And this was held so in the present case, where defendant was a lodger, whose room, it was contended, was as his dwelling-house. APPENDIX. NO. I. (Vid. p. 75.) AN ACT TO ESTABLISH AN UNIFORM RULE OF NATURALIZA- [Passed April 14, 1802.] SECTION 1. BE it enacted by the senate and house of representatives of the United States of America, in congress assembled, That any An alien may become alien, being a free white person, may be admitted to become a cit- a citizen of the Uniizen of the United States, or any of them, on the following condi- ted States, tions, and not otherwise : First, That he shall have declared, on oath or affirmation, before the supreme, superior, district, or circuit court of some one of the states, or of the territorial districts of the United States, or a circuit or district court of the United States, three years at least, before his admission, that it was, bona fide, his intention to become a citizen of the United States, and to renounce for ever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty whatever, and particularly, by name, the prince, potentate, state, or sovereignty, whereof such alien may, at the time, be a citizen or subject. Secondly, That he shall, at the time of his application to be admitted, declare on oath or affirmation, before some one of the courts aforesaid, that he will support the constitution of the United States, and that he doth absolutely and entirely renounce and abjure all allegiance and fidelity to every foreign prince, potentate, state, or sovereignty whatever, and particularly, by name, the prince, potentate, state, or sovereignty, whereof he was before a citizen or subject; which proceedings shall be recorded by the clerk of the court. Thirdly, That the court, admitting such alien, shall be satisfied that he has resided within the United States five years at least, and within the state or territory, where such court is at the time held, one year at least; and it shall further appear to their satisfaction, that, during that time, he has behaved as a man of good moral character, attached to the principles of the constitution of the United States, and well disposed to the good order and happiness of the same: Provided, that the oath of the applicant shall, in no case, be allowed to prove his residence. Fourthly, That in case the alien, applying to be admitted to citizenship, shall have borne any hereditary title, or been of any of the orders of nobility in the kingdom or state from which he came, he shall, in addition to the above requisites, make an express renunciation of his title or order of nobility in the court to which his application shall be made, which renunciation shall be recorded in the VOL. I. APPENDIX. A On what conditions. No. I. said court: Provided, That no alien, who shall be a native citizen, denizen, or subject of any country, state, or sovereign, with whom the United States shall be at war, at the time of hus application, On what conditions shall be then admitted to be a citizen of the United States: Proan alien may be naturalized. vided also, That any alien, who was residing within the limits, and under the jurisdiction of the United States, before the twenty-ninth day of January, one thousand seven hundred and ninety-five, may be admitted to become a citizen, on due proof made to some one of the courts aforesaid, that he has resided two years, at least, within and under the jurisdiction of the United States, and one year, at least, immediately preceding his application, within the state or territory where such court is at the time held; and on his declaring on oath or affirmation, that he will support the constitution of the United States, and that he doth absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty whatever; and particularly, by name, the prince, potentate, state, or sovereignty, whereof he was before a citizen or subject: and moreover, on its appearing to the satisfaction of the court, that, during the said term of two years, he has behaved as a man of good moral character, attached to the constitution of the United States, and well disposed to the good order and happiness of the same; and where the alien, applying for admission to citizenship, shall have borne any hereditary title, or been of any of the orders of nobility in the kingdom or state from which he came, on his, moreover, making in the court an express renunciation of his title or order of nobility, before he shall be entitled to such admission: all of which proceedings, required in this proviso to be performed in the court, shall be recorded by the clerk thereof and provided also, that any alien, who was residing within the limits, and under the jurisdiction of the United States, at any time between the said twenty-ninth day of January, one thousand seven hundred and ninety-five, and the eighteenth day of June, one thousand seven hundred and ninety-eight, may, within two years after the passing of this act, be admitted to become a citizen, without a compliance with the first condition above specified. Mode of naturalization prescribed. SEC. 2. Provided also, and be it further enacted, That in addition to the directions aforesaid, all free white persons, being aliens, who may arrive in the United States after the passing of this act, shall, in order to become citizens of the United States, make registry, and obtain certificates, in the following manner, to wit: every person, desirous of being naturalized, shall, if of the age of twentyone years, make report of himself; or if under the age of twentyone years, or held in service, shall be reported by his parent, guardian, master, or mistress, to the clerk of the district court of the district, where such alien or aliens shall arrive, or to some other court of record of the United States, or of either of the territorial districts of the same, or of a particular state; and such report shall ascertain the name, birth-place, age, nation, and allegiance of each alien, together with the country whence he or she migrated, and the place of his or her intended settlement: and it shall be the duty of such clerk, on receiving such report, to record the same in his office, and to grant to the person, making such report, and to each individual concerned therein, whenever he shall be required, a certificate under his hand and seal of office of such report and registry; and for receiving and registering each report of an individual or family, he shall receive fifty cents; and for each certificate, granted pursuant to this act, to an individual or family, fifty cents and such certificate shall be exhibited to the court by every alien who may arrive in the United States, after the passing of this act, on his application to be naturalized, as evidence of the time of his arrival within the United States. No. I. Children of persons, naturalized under cer tain laws, to be citizens of the United States. SEC. 3. And whereas, doubts have arisen whether certain courts of record, in some of the states, are included within the description of district or circuit courts: Be it further enacted, that every court What courts are to be considered as capable of record in any individual state, having common law jurisdiction, of naturalizing aliens. and a seal and clerk, or prothonotary, shall be considered as a district court within the meaning of this act; and every alien, who may have been naturalized in any such court, shall enjoy, from and after the passing of the act, the same rights and privileges, as if he had been naturalized in a district or circuit court of the UnitedStates. SEC. 4. And be it further enacted, That the children of persons duly naturalized under any of the laws of the United States, or who, previous to the passing of any law on that subject by the government of the United States, may have become citizens of any one of the said states, under the laws thereof, being under the age of twenty-one years, at the time of their parent's being so natural. ized or admitted to the rights of citizenship, shall, if dwelling in the United States, be considered as citizens of the United States, and the children of persons who now are, or have been citizens of the United States, shall, though born out of the limits and jurisdiction of the United States, be considered as citizens of the United States: Provided, That the right of citizenship shall not descend to ship not to extend to persons whose fathers have never resided within the United States: children of persons Provided also, That no person, heretofore proscribed by any state, sided in the United or who has been legally convicted of having joined the army of Great-Britain, during the late war, shall be admitted a citizen, as aforesaid, without the consent of the legislature of the state in which such person was proscribed. SEC. 5. And be it further enacted, That all acts, heretofore passed respecting naturalization, be, and the same are hereby repealed. Privilege of citizen who have never re States: Or to persons proscribed, &c. Repeal of former acts, AN ACT IN ADDITION TO AN ACT, ENTITULED AN ACT TO [Passed March 26, 1804]. zens of the United States. Be it enacted by the senate and house of representatives of the United States of America, in congress assembled, That any alien, being a free Certain aliens permitwhite person, who was residing within the limits and under the ted to become citi jurisdiction of the United States, at any time between the eighteenth day of June, one thousand seven hundred and ninety-eight, and the fourteenth day of April, one thousand eight hundred and two, and who has continued to reside within the same, may be admitted to become a citizen of the United States, without a compliance with the first condition, specified in the first section of the act, entituled "An act to establish an uniform rule of naturalization; and to repeal the acts heretofore passed on that subject.” Sec. 2. And be it further enacted, That when any alien, who shall have complied with the first condition specified in the first section of the said original act, and who shall have pursued the directions prescribed in the second section of the said act, may die, before he is actually naturalized, the widow and the children of such alien shall be considered as citizens of the United States, and shall be entitled to all rights and privileges as such, upon taking the oaths prescribed by law. After an alien shall have complied with widow and children made citizens of the United States. certain directions, his |