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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
divests domicil if acquired, ib.
implies animus relinquendi, 55
(See "DOMICIL.")

ACCEPTOR OF BILL OF EXCHANGE,
liability of, 434, 437

agreement by, to accept, 445

(See "BILLS OF EXCHANGE.")

ACQUISITION OF DOMICIL, 54
(See "DOMICIL.")

ACTION, foreign, when restrained, 581, 582

ACTS OF STATE, found no civil liability, 150, 477

ADJUSTMENT, by foreign average-3tater, 426, 429
ADMINISTRATION, 284

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
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

[blocks in formation]

ALLEGIANCE, 2-4

transfer of, on cession of territory, 8, 9
distinguished from tie of domicil, 19
(See "NATIONALITY.")

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
or by suing in local courts, 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,
immunity of, by statute, 170-173
service of, must be bona fide, 172

may waive immunity by trading, 170

list of, registered with Secretary of State, 173
liability of, when subjects of State, 176

ANIMUS MANENDI, 56

ANIMUS RELINQUENDI, or non revertendi, 55

ANNUITIES ARISING OUT OF FOREIGN LAND, not liable to
succession duty, 299

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
(See "PROPERTY.")

ASSIGNMENT ON MARRIAGE, 331-337
(See "PROPERTY.")

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
CORPORATION.")

(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
performance of, 453

CARRIER, liability of, 429

CERTIFICATES OF NATURALISATION, 14

CHARTER-PARTY, governed by law of ship's flag, 405-415

CHATTELS. (See "PROPERTY" (MOVABLE).)

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