and the existence of laws, are objective facts to be proved, of which the Court will not take judicial notice. Foreign laws, when referred to by expert witnesses, may be examined by the Court for itself, but only those parts or sections which are so referred to. Foreign Judgments. A foreign judgment in personam, though not a merger of the p. 547. original cause of action, gives rise to a legal obligation to obey its decree, which may be enforced by action. Foreign judgments may be impeached in an English Court pp. 550, 555. for a defect in the jurisdiction of the Court which pronounced them, or for the fraud of the litigant relying on them; but not for error of law or of fact (except an error in the law of pp. 555, 557. the Court which pronounced it, admitted by the parties); nor on the merits. The sufficiency of the notice given to the defendant by the p. 564. foreign tribunal is included under the head of jurisdiction; and a defendant who voluntarily appears, although under protest, is bound by the judgment which follows. If no fraud or defect in the jurisdiction is alleged, a foreign p. 573. judgment in personam, final in the Court which pronounced it, is conclusive in every other Court between the same parties or privies, whether relied on by a plaintiff or defendant. But a foreign judgment in personam cannot be enforced here by proceedings in rem. And quare whether a foreign judgment is conclusive when obtained pendente lite in England. Subject to the same qualifications, a foreign judgment in p. 573. rem is conclusive, not only between the same parties or privies, but as against all the world, though not pleadable as an estoppel even between parties to the original action. No presumption will be allowed as to the grounds on which it proceeded, but where those grounds are expressed it will be conclusive as to them, as well as with respect to the facts directly adjudicated upon, provided that they were necessary to the decree. A foreign judgment on status stands in the same position as p. 577 a foreign judgment in rem, the question of the jurisdiction of the Court which pronounced it being decided by the ordinary rules applicable to the status of persons. The rule that a foreign judgment, to be relied on, must be p. 580. conclusive, operates to exclude the plea of lis alibi pendens when the prior suit is pending in a foreign Court; and has been held p. 581. p. 581, 582. under the old practice to exclude the plea of res judicata when the prior suit was pending in the foreign Court when the action in which it is pleaded commenced; but quare whether this would be so under the present practice. The fact, however, that an appeal is pending against the judgment relied on does not affect its validity in a foreign Court. English litigants may be restrained in a proper case from proceeding in a foreign tribunal; and will in general be so restrained when the debtor's estate is being generally administered in England. In other cases, in order to obtain an injunction against proceedings before a foreign tribunal, it must be shown that the multiplicity of actions is vexatious; i.., that the foreign action can bring the plaintiff no relief that he could not obtain in the English suit. 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-3tater, 426, 429 foreign, when followed, 287 no extra-territorial effect, 284 (See "PROPERTY" (MOVABLE).) ADMINISTRATION DUTY, 294–298 governed by local situation of assets, 294 ADMINISTRATOR, right and title of, 284 (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 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 extra-territoriality of, 166 may waive immunity, 168 as by voluntarily appearing to give evidence, 168 but not by trading, 171 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, 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 (See 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).) |