attorneygeneral v duplessis Trin term see now naturalize Act Vict c S in the  exchequer SC Ves sen and bro p c octavo edit waste alien the legal disability  of a alien to hold land neither a penalty nor forfeiture supplement the late  Lord Colerain devise that from his death till his daughter rose foreigner  attain twentyone or marry with consent of her mother the mother shall receive  all the rend and profit from all his land in Middlesex and Norfolk with  direction to pay pound per annum to the daughter and to take pound per annum  to herself and to account with the daughter if she attain twentyone or marry  if the daughter die before either then over information on behalf of the crown  upon suggestion of be a alien and motion for injunction to stay waste on show  cause it be say the crown have now no estate whatever till office find page  case   for that fact must be find by the oath of twelve man if it be say that  though nothing be vest yet there be a trust for the crown it be not such a  trust as this court can decree if a alien and naturalborn subject purchase  land there be no trust for the crown and therefore if office be not find  survivorship take place the king can be a jointtenant this then be not such a  trust over which a court of equity exercise jurisdiction the freehold be  descend to the heir at law and the infant take only a contingent interest the  intermediate profit be in the mother for another and whether a alien or no the  crown can have no right to they for that be only a contingent interest which  may be take by a alien Leon a alien be capable of be a administrator Cr c as  to waste vesey senior er p court of equity have not go far than the law will  do unless where there be a intermediate estate for life between the first  tenant for life and the inheritance which be a particular mischief omit in the  statute this court will provide for it there vesey senior be no proof of this  defendant be a alien for the parish register will not be admit as evidence of  it because this be to a collateral matter this court strict adhere to that as  it do in the case of tithe for the motion the general question be whether  where the crown have a right on foundation of a alien purchaser this court  will suffer anyone who get into possession to destroy that estate before the  crown final right be determine when a office it can be find without assistance  of this court to bring proper before a jury the will do not indeed give a  immediate estate direct in possession to the infant but only a contingency the  mother interest be of a term for year till the infant attain twentyone have a  right to the profit till then as in Borastons case   that interest will not be  a foundation to destroy the thing to prevent which this court will interpose  as it do to prevent destruction of the thing in question pen suit in law or  equity which be the ground of appoint a perpetual receiver where there be a  probability that a court of equity will determine it final as in a bill by  creditor against a heir at law where the court see the estate may possible  come out to be deficient so in a bill against executor to prevent waste asset  so in a doubt ilk ecclesiastical court who be executor as in powis v Andrews  where Lord Macclesfield interpose notwithstanding a right at law by the  probate obtain so will this court on a bill against one who have get treasure  trove enjoin he from destroy it on the same foundation be all the bill to stay  waste and even for a contingent interest as Litton v Robinson and Fleming v  Fleming ante cite in Garth v cotton and for a infant in ventre in who no right  vest and only a mere possibility but this be not a mere possibility but a  right in the crown for a alien may purchase for benefit of the crown   light  that right and title be clear though it must be find by office because there  must be a record of it   like the case of a disseizee who have a right though  not possession the crown want the assistance of this court by evidence to lie  before a jury the mother will be bind to answer the question where the child  be bear be not a discovery of a illegal act and probability be a sufficient  ground to interpose to prevent destruction of the thing the court take time to  consider of it note a demurrer be put in which be in February overrule by the  court and that judgement affirm on appeal to the house of lord the judge in  the house of lord certify their opinion that the legal disability of a align  to hold land be neither a penalty or forfeiture bro p c octavo edit