The  following  is  believed  to  be  a  complete  list  of  the  treaties  now
in  force  which  grant  reciprocity  as  to  the  right  of  taking  lands  by
descent,  and,  a  fortiori,  by  devise,  together  with  the  dates  of  the  trea-
ties: Austria,  1848;  Bavaria,  1845;  Hesse-Oassel  (now  part  of  Prus-
sia), 1844;  Nassau  (now  part  of  Prussia),  1846;  Wurttemberg,  1844;
Brazil,  1828;  Chili,  1832;  Ecuador,  1839;  Guatemala,  1849;  Han-
seatic  Republics  (i.  e.  Hamburg,  Bremen,  and  Liibeck),  1827;  Peru,
1851;  Peru-Bolivia,  1847;  Bolivia,  1858;  New  Granada,  1848;  Ven-
ezuela, 1836;  Brunswick,  1854;"'  Prussia,  1785,  1799, 1828;  Russia,
ia32;  Ban  Salvador,  1850;  Swiss  Confederation,  1850;  Sardinia,
1838;  Spain,  1795;  Hanover,  1840;  Two  Sicilies  (now  part  of  Italy),
1855;  Italy,  1871  (by  a  most  favored  nation  clause).'*'  It  will  be
noticed  that  there  is  no  treaty  on  this  subject  between  the  United
States  and  the  German  empire,  nor  with  the  North  German  Confed-
eration, which  preceded  it.  Hence  the  subjects  of  those  German
states  which  made  no  treaties  about  the  right  of  succession,  such  as
Baden,  are  under  the  disabilities  of  alienage,  w^hile  the  subjects  of
those  states  with-  whom  such  treaties  subsist  have  not  lost  them  by
the  entrance  of  their  states  into  the  German  empire.'®*

Where  the  treaty  gives  to  the  alien  heir  a  certain  length  of  time
in  which  he  may  sell  the  inherited  lands  and  remove  the  proceeds,
he  obtains  thereby  a  fee  in  the  land,  which  is  defeated  by  a  failure
to  sell  within  the  prescribed  time.  It  would  seem  that,  if  the  de-
scent is  thus  once  cast  on  the  alien,  the  more  remote  home  heir  could
no  longer  come  in,  but  the  land  must  escheat.    While  the  fee  is  in

382  The  treaty  with  Brunswick  and  some  others  use  the  inexact  words  "on
whom  the  land  should  descend,  and  who  could  not  retain  it,"  when  under  the
common  law  the  descent  does  not  take  place  at  all.  But,  as  a  strict  construc-
tion would  nullify  the  treaty,  it  will  be  held  to  mean  that  the  land  shall
desi^end  on  the  Brunswicker,  notwithstanding  his  alienage.
