it must be established by a preponderance of proof; 30 Vt. 377; 5 Cush. 124; 20 Pa. 429; 81 Ill. 565; 24 Iowa 570; 62 id. 40. See remarks of Shaw, C. J., in Webster's Case, and 2 Alison's Cr. L. of Scotland, 624; Bish. Crim. L. 1061-1068. In many states the defence is established if the evidence raises. in the minds of the jury a reasonable doubt as to the guilt of the defendant; 100 Mo. 628; 28 Fla. 511; 94 Ala. 14; 64 Cal. 253; 70 Ga. 651: 62 Ia. 40; 50 Ind. 190; 50 Mich. 233; and if the testimony tends to prove an alibi, failure to instruct thereon is error; 85 Ga. 666. An instruction that an alibi need not be established beyond a reasonable doubt, but it should be to the satisfaction of the jury, is correct; 117 N. Y. 480; 28 Tex. App. 566; 107 III. 162; 81 Mo. 185; 67 Ga. 349. It is peculiarly liable to be sup- ported by perjury and false testimony of all sorts. There must be satisfactory proof that the prisoner could not have been at the place where the crime was committed, but the proof need not be higher than is re- quired as to other facts; 59 Ga. 142. See 48 Iowa 583; 69 Cal. 552. ALIEN (Lat. alienus, belonging to an- other; foreign). A foreigner; one of for- eign birth. In England, one born out of the allegiance of the king. In the United States, one born out of the jurisdiction of the United States, and who has not been naturalized under their con- stitution and laws. 2 Kent 50. The chil- dren of ambassadors and ministers at for- eign courts, however, are not aliens. And see 10 U. S. Stat. 604. Persons born in a foreign country of American parents, who, though residing there, still claim citizen- ship, are citizens of the United States; 50 Fed. Rep. 310; so if the father only is a citizen; Rev. St. § 1993. An alien woman by marriage with a citizen of the United States becomes a citizen; but the converse, that a citizen woman by marriage with an alien becomes an alien, is not law; 56 Fed. Rep. 556. The right to exclude or to expel aliens in war or in peace is an inherent and inalienable right of every sovereign and independent nation; 149 U. S. 698; and in the United States, Congress may ex- clude aliens altogether from its territory and prescribe the conditions upon which they may come to this country, and may have its policy in that respect enforced exclusively through executive officers with- out judicial intervention; 12 Wall. 457; 130 Ừ. S. 581; 142 id. 651; 158 U. S. 438. An alien cannot in general acquire title to real estate by descent, or by other mere operation of law; 7 Co. 25 a; 1 Ventr. 417; 3 Johns. Cas. 109; Hard. 61; 133 U. S. 265; and if he purchase land, he may be divested of the fee, upon an inquest of office found; but until this is done he may sell, convey, or devise the lands and pass a good title to the same; 4 Wheat. 453; 12 Mass. 143; 6 Johns. Ch. 365; 7 N. H. 475; 1 Washb. R. P. 49. The disabilities of aliens in respect to holding lands are removed by statute in many of the states of the United States; in Alabama, wholly; Rev. Code, 1886, § 1914; in Arizona, as our citizens in the alien's country; Rev. Stat. 1887, § 1472; in Ar- kansas, wholly; S. & H. Dig. 1894, § 247; Cal- ifornia, wholly, if resident; if non-resident, must appear and claim within five years; Civ. Code, 1885, § 671; Colorado, wholly; Laws, 1891, p. 20; Connecticut, if resident, wholly; if non-resident, only for certain purposes; Gen. Stat. 1888, §15; Delaware, after declaration of intention to become citizens; Rev. Code, 1893, c. 81, § 1; all conveyances to aliens prior to Feb. 1, 1892, are legalized; Laws, 1893, ch. 769; Florida, wholly Const. 1887, Decl. of Rights, § 18; Georgia, wholly, so long as alien government is at peace with U. S.; Rev. Code, 1882, § 1661; Idaho, wholly, after declaration of intention to become a citizen of the United States; Laws, 1890- 1891, p. 108; Illinois, wholly, after declara- tion of intention to become a citizen of the United States, but non-residents, not; Myers, Rev. Stat. 1895, p. 95; Indiana, wholly; 2 Burns, Rev. Stat. 1894, § 3389; see § 3328; Iowa, residents, wholly; non-res- idents, not; Miller, Rev. Code, 1888, p. 708; Kansas, resident, for six years, after hav- ing declared intention to become a citizen of the U. S. with forfeiture of citizenship not acquired within that time; non-res- idents, not at all; Laws, 1891, ch. iii.; Kentucky, not being an enemy, wholly, after declaration of intention to become a citizen of U. S.; a resident alien may hold for twenty-one years for actual residence, ocси- pation or business purposes, a non-resident alien may take and hold by descent or devise, but must alienate within eight years there- after; B. & C. Stat. 1894, §§ 334, 337, 388; Louisiana, under the civil law; incapable of taking by will or inheritance; 2 Dom. Civ. L. § 2502; but incapacity ceases with natu- ralization; id. § 2511; Maine, wholly; Rev. Stat. 1884, c. 73, § 2; Maryland, wholly. if not enemies; Pub. Gen. L. 1888, art. iii. §1; Massachusetts, wholly;