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HERITABLE BONDS, SCOTCH,

are real estate, 209

descend to Scotch heir, ib.

when defeated by collateral security, 210

exoneration of, 210, 226

HIGH SEAS, torts committed on, 495

crimes committed on, 505

HOSTILE CHARACTER OF PRIVATE PROPERTY IN TIME OF

WAR, 67

HOTCHPOT, Scotch heir of English intestate not compelled to bring
land into, 226

HUBER, comments on the absence of private international law from
the jurisprudence of Rome, xxv

HYPOTHECATION,

of ship or cargo, 417

by bottomry bond, 415-417

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INCOME TAX, deduction of premiums when paid to foreign insurance
company, III, 235

INDEPENDENCE OF SOVEREIGN STATE, for the judicial cog-
nisance of the Court, 159, 163, 164

INDIAN CORPORATION, within Companies Act, 133

INDORSEE OF BILL, title of, 436–444

INDORSEMENT OF BILL, what sufficient, 433, 436-444

INDORSER OF BILL, liability of, 433

INFANT,

(See "BILL OF EXCHANGE.")

domicil of, 53, 63

national status of, 17, 18

incapacity of, how far tested by the lex loci actus, 79

how far by lex domicilii, 79

guardianship of, 82

jurisdiction of lex loci over, 81

INSURANCE, marine, proposed code of, 429 n

INSURANCE COMPANY, foreign, deduction of premiums from in-

come-tax returns, III, 235

INTENTION, necessary to a change of domicil, 55

(See "ANIMUS RELINQUENDI.")

(See "DOMICIL.")

of parties to contract, 392-402

INTEREST, rate of, determined by lex contractus, 396, 434

INTERPLEADER, 243

foreign claimant in, how far subject to jurisdiction, 350

INTESTACY,

as to immovables, 222-226

as to movables, 282

(See "PROPERTY.")

IRISH PROBATES, effect of, in England, 291, 292

JUDGMENTS,

foreign, how proved, 531, 532
obtained, pendente lite. 580, 581
in personam, 547-551

mode of enforcing, 547

no merger of original cause of action, 548
mode of pleading, 548, 571-573

examinable for excess of jurisdiction, 550

or want of notice to defendant, 554, 564

or fraud, 555

but not for mistake of law, 557, 561

or fact, 567-572

when defendant bound by, 550

founded on local Statute of Limitations, no bar, 516

in rem, 573

conclusive against all the world, 574

as to matter decided and grounds of decision, 574, 576

but examinable for excess of jurisdiction, 550

of fraud, 555, 577

on status of persons, 577

Summary, 582

JUDICATURE ACTS,

effect of, on assignability of choses in action, 261-263
abolition of venue by, 351

practice under, as to service out of jurisdiction, 200, 242, 345
(See SERVICE OF WRIT.")

JURISDICTION,

as to immovables, 184-200

(See PROPERTY" (IMMOVABLE).)

as to movables, 238

(See "PROPERTY" (MOVABLE).)

as to contracts, 341-352

as to torts, 471-487

(See "CONTRACTS," "TORTS.")

essential to validity of foreign judgment, 550

KING'S PEACE, offences committed beyond the, 505-508

LAW, foreign, how proved, 533-539

(See PROCEDure.")

LEASEHOLDS, English, legitimacy of successor to, 232-237
LEGACIES (See "WILLS," "PROPERTY.")

625

LEGACY DUTY,

estimated according to the lex domicilii of the legate2, 65, 298–308,
payable to government of domicil without regard to actual situation
of estate, 298

LEGALITY of contract, 385-390

of performance, 381

LEGATEE, capacity of, depends on the lex domicilii, 65

LEGITIMACY, 89-96

for purpose of succession to land, by lex situs and lex domicilii, 89
of Scotch heirs, 90

for purposes of succession to movables, depends on the lex domi-
cilii of the successor, 91

succession to chattels real, 232-237

estimating Legacy and Succession Duty, 94

under the Statute of Distributions, 92

must not involve recognition of incest, 93

statutory declaration of, 96

Summary, 96

LEGITIMATION

per subsequens matrimonium, 90

depends on the lex domicilii of the father at the time of birth, and

at the time of the marriage, 90, 91

LEX CONTRACTUS, 358 seq.

celebrationis, 359, 364, 381

solutionis, 451

(See "CONTRACTS.")

LEX DOMICILII,

how far it determines capacity or incapacity of the person, 73, 338
legitimacy of legatee, 91

governs essentials and legality of marriage, 98

no effect on transfer of movables, 255

governs movable successions, 265-295

assignments of movables on marriage, 331

subject to intention and agreement of parties, 335-337

LEX FORI,

governs procedure, 509 seq.

priorities, 329, 515

evidence, 529, 541

prescriptions and limitations, 576

except where opposed by lex situs with respect to immovables,

213, 517

LEX LOCI ACTUS,

effect on capability, 73, 337

how far controlled by lex domicilii, 73, 358

LEX LOCI CELEBRATIONIS,

effect on capacity, 73, 358

governs forms and non-essentials of marriage, 98

operation on marriage contracts, 332-337

contracts generally, 358, 371, 393

LEX LOCI SOLUTIONIS.

(See "CONTRACTS.")

LEX SITUS,

governs as to immovables, 181-232
(See "PROPERTY" (IMMOVABLE).)
effect of, on movables, 240

transfer of movables, 251

(See "PROPERTY (MOVABLE).)

LIABILITY, of defendant, not created by lex fori, 514

LIEN, on movables, how created, 259

LIMITATION,

Statutes of, affecting immovables, 205-208

generally governed by lex fori, 516

judgment founded on foreign statute of, no bar, 516

LIS ALIBI PENDENS,

when a good plea, 579

no bar when prior action in foreign Court, 580

foreign judgment pronounced pendente lite, how far available, 580.
LUNACY, foreign declaration of, 85, 87

LUNATIC, jurisdiction over, 83, 87

foreign curator of, 83

property of, 83

action by curator of, in what name brought, 85, 87

MARINE Insurance, proposed code of, 429 n

MARITIME LAW,

general, as administered in England, 416 n, 421
its nature, 415, 416, 421

MARRIAGE,

capacity for, 74, 360–369

(See "CAPACITY.")

dissolution of (See "DIVORCE.")

essentials of, depend on lex domicilii, 98

forms of, depend on the lex loci celebrationis, 98

incestuous, not recognised, 93, 105

validity of, 98

with deceased wife's sister, 107, 108

of first-cousins, 107

of Mormons, 105

of Parsees, 105

prohibition of, by lex domicilii, 100, 107

by law of forum dissolving former marriage, 110, 115

effect of, on immovables, 230

movables, 331

(See "PROPERTY.")

contract, 332-337

Summary, 111

MARRIAGE ACT, ROYAL, 109

MARRIED WOMAN,

her right to sue, 512

her domicil, when distinct, 60

her national statas, 17

her personal property 331

legacy to, paid to husband where no equity to settlement by lex

domicilii, 512

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MERCHANT SHIPPING ACTS, limitation of liability by, 496-500

MINORS,

contracts by, 73, 358

marriage of, 74, 360–369

MISJOINDER, of party to action, 510-513

MISTAKE, of law or fact, no ground for impeaching foreign judgment,
557-572

MOVABLES (See "PROPERTY.")

MUNICIPAL LAW, particular application of, xxvii

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NATURALISATION OF ALIENS,

under the Naturalisation Act, 1870: 14-17

semble, does not give power of transmitting nationality, 16,

in British possessions, 17

privileges conferred by, 14, 16

certificates of, 14, 15

(See "NATIONALITY.")

NATURALISATION ACT (33 & 34 Vict. c. 14), 42–51

NATURALISATION LAWS COMMITTEE, 1901, report of, 21

NATURE OF IMMOVABLE PROPERTY, 201-205

(See "PROPERTY.")

NATURE OF MOVABLE PROPERTY, 202, 238

(See "PROPERTY.")

NAVIGATION RULES OF MERCHANT SHIPPING ACTS, effect

of, 496-500

NEXT OF KIN, determined by lex domicilii, 91, 92

NON-JOINDER OF PARTY TO ACTION, 510, 514

NOTICE OF DISHONOUR, what sufficient, 437

(See "BILLS OF EXCHANGE.")

NOTICE TO DEFENDANT, essential to validity of foreign judg-

ment, 554, 564

NOVATION, discharge of contract by, 464

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