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 HUBER, comments on the absence of private international law from HYPOTHECATION, of ship or cargo, 417 by bottomry bond, 415-417 INCOME TAX, deduction of premiums when paid to foreign insurance INDEPENDENCE OF SOVEREIGN STATE, for the judicial cog- 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 mode of enforcing, 547 no merger of original cause of action, 548 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 practice under, as to service out of jurisdiction, 200, 242, 345 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, 232-237 625 LEGACY DUTY, estimated according to the lex domicilii of the legate2, 65, 298–308, 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 for purposes of succession to movables, depends on the lex domi- 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 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 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. 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 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 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, MOVABLES (See "PROPERTY.") MUNICIPAL LAW, particular application of, xxvii 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 |