INDEX. ABANDONMENT OF DOMICIL, 54 ACCEPTOR OF BILL OF EXCHANGE, agreement by, to accept, 445 (See "BILLS OF EXCHANGE.") ACQUISITION OF DOMICIL, 54 ACTION, foreign, when restrained, 581, 582 ACTS OF STATE, found no civil liability, 150, 477 ADJUSTMENT, by foreign average-stater, 426, 429 foreign, when followed, 287 (MOVABLE).) ADMINISTRATION DUTY, 294-298 governed by local situation of assets, 294 ADMINISTRATOR, right and title of, 284 distribution by, 311-314 under foreign grant, 287 (See "EXECUTOR.") ADMIRALTY, jurisdiction as to torts, 495 over crimes, 505-508 ADMISSIBILITY OF EVIDENCE, 529 AFFREIGHTMENT, contracts of, governed by law of ship's flag, 405-415 AGENCY, incident of contract, 448 AGENT, in foreign country, 448 AGENT IN ENGLAND OF FOREIGN MERCHANT, does not pledge credit of his principal, 450 ALIENS, former disabilities of, 11 powers and privileges of, by statute, 12 powers of, with regard to wills, 12 cannot own British ships, 13 no right to jury, de medietate linguæ, 13 (See "NATIONALITY," "NATURALISATION.") ALLEGIANCE, 2-4 transfer of, on cession of territory, 8, 9 AMBASSADORS, evidence of, as to law, 537 diplomatic immunity of, 167-175 includes exemption from all process, 167 may waive immunity, 168 as by voluntarily appearing to give evidence, 168 statutory privilege of, 169-176 extends to servants of legation, 170 how far extends to goods, 173 does not extend to consuls, 173 statute of Anne regulating, 182 AMBASSADORS' SERVANTS, immunity of, by statute, 170-173 may waive immunity by trading, 170 list of, registered with Secretary of State, 173 ANIMUS MANENDI, 56 ANIMUS RELINQUENDI, or non revertendi, 55 ANNUITIES ARISING OUT OF FOREIGN LAND, not liable to APPOINTMENTS, TESTAMENTARY, forms of, 272-277 liability of, to Succession Duty, 300 APPROPRIATION OF ASSETS, 290 ARREST, of person, given by the lex fori, 523, 524 ASSETS, distribution of, by lex fori, 293, 330 local situation of, 294, 310, 311 unappropriated within the jurisdiction, 285, 290 ASSIGNABILITY OF CHOSES IN ACTION, 261 ASSIGNEES, of bankrupt, title of, 327 ASSIGNMENT ON BANKRUPTCY, 318-330 ASSIGNMENT ON MARRIAGE, 331-337 ATTACHMENT, foreign, of bankrupt's property, 323 ATTAINDER, no extra-territorial effect, 110 AVERAGE, foreign statement of, 426-429 general, 428 n (c) York and Antwerp, Rules of, 429 adjustment of, 428 BANKRUPTCY, effect of, on immovables, 227 (See "PROPERTY" (IMMOVABLE).) effect of, on movables, 318 (See "PROPERTY" (MOVABLE).) effect of, on contracts, 459, 461 jurisdiction of English bankruptcy law, 303 proof under, 329 assignment on, 318 title of assignees, 327 BANKRUPTCY, foreign, effect of, 325, 326 concurrent and competing, 325 BILLS OF EXCHANGE, stamps on, 379, 380 form of, 376, 437 validity of, 437 contract of drawer, 433 acceptor, 434, 437 indorser, 433, 436 indorsement of, 436-444 presentment and dishonour of, 435-437 duties of holder and notice of dishonour of, 437 payment of, 434, 435, 452 interest on, 434 assignability of, 444, 511 proposed Code of Rules for, 446 BILLS OF EXCHANGE ACT, 1882, s. 72: 376, 437 BILLS OF LADING, by what law governed, 419 BONA NOTABILIA, local probate duty attaches on, 294 BOTTOMRY BONDS, by what law governed, 415 BUSINESS OF TRADING COMPANY, principal seat of, 139-143 CAPACITY, 71-87 defined and explained, 71-74 how far dependent on the lex domicilii, 73–79, 358 seq. to act or contract, how far dependent on lex loci actus, 73, 359 to marry, 74, 360–369 of a married woman to contract, 77 for purposes of succession, 78 of infants, 79 of lunatics, 83, 84 Summary, 88 CARGO, delivery of, by lex loci, 454, 456 CARRIAGE, by sea and land, contract for, 429, 453 CARRIER, liability of, 429 CERTIFICATES OF NATURALISATION, 14 CHARTER-PARTY, governed by law of ship's flag, 405-415 CHATTELS. (See "PROPERTY" (MOVABLE).) CHATTELS REAL, not movable personalty, 202-205 CHILDREN, legitimacy of, 89–96 (See "LEGITIMACY.") meaning of word, in will, 91, 270 CHOSES IN ACTION, assignment of, 261 locality of, for probate duty, 294 COLLISIONS ON HIGH SEAS, 495 COLONIAL LAND, not to be affected by petition of right in England, 188 COMITY, international, what is, 548 COMPANIES ACT, 1862, how far applicable to foreign companies, 133 COMPANY, foreign insurance, deductions of premiums from income- (See "CORPORATION.”) CONFIRMATION OF THE EXECUTOR, by Scotch law, effect of, 291 of contracts, 392-401 CONSULS, retain their domicil, 62, 181 but, semble, subject to jurisdiction of local forum for divorce, 119. 120 not representative of State, 179 privileges and exemptions of, 179 property of, 180 English abroad, not ordered to give security for costs, 181 CONTRACTS, 341-464 Jurisdiction as to, 342 common law rules, 343 effect of Common Law Procedure Act, 344 Chancery Rules, ib. effect of Judicature Acts, 345 venue, abolition of, 344, 351 service out of the jurisdiction, 345-349 exception as to Scotland and Ireland, 346 mode of objecting to jurisdiction, 352 foreign judgments based on, rules of validity of, 349 counter-claim on foreign contract in interpleader, 350 temporary presence in England, effect of on jurisdiction, 353-357 Summary, 357 Law of the Contract, 358 seq. Capacity to Contract, 358 effect of lex loci, ib. effect of lex domicilii, 359 capacity to contract marriage, 360–369 Royal Marriage Act, 369 Summary, 370 Formalities of Contract, 371 governed by lex loci, ib. CONTRACTS-continued. effect of lex fori, 372-375 not required by lex loci, effect of using, 375 stamps, 377-381 Summary, 389 Legality of Contract, 381 legality of performance, ib. of agreement, 385 Summary, 390 Essentials of Contract, 390 Construction and interpretation, 392 in accordance with intention of parties, 392-397 Nature and Incidents of Obligation, 401 governed by law contemplated by parties, 402 authority of master to enter into, 417-419 sales in foreign port, 420 average statements, 426-429 bills of lading, liability under, 419 contracts for carriage, 429 Bills of Exchange, 433 indorsement of, 433, 436-444 assignability of, 444, 511 proposed code of rules for, 446 interest on bills of exchange, 434 agreement to accept, 445 liability of acceptor, 434, 437 Bills of Exchange Act, 1882, s. 72: 376, 437 as to duties of holder, 437 as to form, 376, 437 agency, 448 English agent of foreign merchant, 450 Performance, 451 payment of bills, 452 contract of carriage, 453 delivery of cargo, 454 illegality of performance, 455 adjustment of average, 456, 427-429 Discharge, 457 by lex loci, 458 bankruptcy discharge by paramount jurisdiction, 459 English bankruptcy, 461, 462 discharge of surety, 463 by novation, 464 Summary, essentials, 465 CORPORATION, FOREIGN, 126–146 artificial personalty of, 126 how far recognised, ib. may sue as plaintiffs, 127-129 are liable to be sued as defendants, 129 service of writ upon, 132, 133 when created by subordinate jurisdiction, 135 |