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INDEX.

A.

Acquisition of Property by Fo-

reigners, 464. (See Property.)
Actions, Local or Transitory, 729
Administration, Letters of, Duty
on, 715

Admiralty Division, Jurisdiction of,

over Maritime Contracts, &c., 502.
In Causes of Possession between
Foreigners, 656
Adoption, Status and rights flowing
from, 404

Agent, Contracts entered into by
means of, effects of, 565. (See
Obligations.) Ratification of
Contracts made by, 569. Opinion
of Savigny on Contracts by, ib.
Rights and Powers of Master of
Ship as Agent of Owners, 659
Alabama, Law of, respecting Fo-
reign Corporations, 280. Respect-
ing rights of Aliens, 281
Alien, Status of, 29, 258, 272.
American Law as to, 278, 283
Alienation of Property by or to
Foreigners, 464 (See Property.)
Ambassador, Necessary domicil of,

125. Privileges of, imparted to
his family and suite, 126. Not to
strangers, ib. Domicil of origin
not changed by residence in house
of, 133. Peculiar status and pri-
vileges of, from Civil and Criminal
Law of Foreign Country, 733
America (United States of), Law of,
as to Expatriation, 30, as to
Domicil, 98, as to Corporations,
148, as to Aliens, 278, as to
Alien Corporations, 280. Doctrine
adopted by, respecting Personal

Status of Foreigners, 259, 264
(See Status.) Laws of States and
Territories of, touching rights of
Aliens over Real Property, 280.
Difference between Laws of, and
those of France, respecting
Foreign Marriages, 309. (See
Marriage.) Law of, as to effect
of Marriage on property of par-
ties, 338. (See Property.) Law
of, respecting Divorce, 365. (See
Divorce.) Treaty of, with France
and Belgium as to Trade Marks,
462. Propositions of, as to Law
governing Contracts, 568. (See
Contracts, Obligations.) Mari-
time Law of. (See Maritime Law.)
Law of, on the subject of Foreign
Bankruptcy, 621. Federal Courts
of, 723. Effect given by, to sen-
tences and judgments of Foreign
Tribunals, 762

Anjou (Duchess of), Claim of, to the

Goods of the Dowager Queen
Henrietta Maria, 39, 62

Appeal, Limitation of time within
which it must be instituted, 753
Appendix-

To Chapter xiv., on Domicil.

List of Writers, and French
decisions on the subject, 229-242
To Chapter xvi., on Statutes. Ex-
tract from Bartolus, "De
Summâ Trinitate-Rubric Lex
Prima," 254

To Chapter xxi., on Divorce. The
Roman Law on Divorce, 381
To Chapter xxx., on Obligations.

Extract from Dictionary of
Greek and Roman Antiquities,
487

To Chapter xxxii., on Obligations.
Extract from " Chitty on Con-
tracts," 506

To Chapter xlii., "Bills of Ex-
change," &c. Preface in Dr.
Sautayra's edition to the eighth
title of the first book of the
French Commercial Code, 698
To Chapter on "Foreign Judg-
ments." List of decisions on
the effect of Foreign Judg-
ments, 787

(General)-end of Volume
Argentine Republic, Code of, 148,

208

Arkansas, Law of, respecting Fo-
reign Corporations, 280; respect-
ing rights of Aliens, 281
Arrest of Debtor, Provisional mea-
sures of Law for, to prevent
escape out of jurisdiction, 792
Austria, Law of, respecting Personal
Status of Foreigner, 261. Re-
specting Aliens, ib. Respecting
Illegitimate Children, 411. Code
of, on the subject of Contracts and
Obligations, and conflict of Laws
relating thereto, 519, 534. Law
of as to Foreign Judgments, 760.
(See Code, Austrian.)

B.

Bacon, Vice-Chancellor, Decision of,
in Hamilton v. Dallas, 105, 227
Baden (Grand Duchy of), Law of,
respecting status of Foreigner,
262. Code of, on the subject of
Obligations, 520. (See Code,
Baden.)

Bail for Costs and Damages : In
suits by Foreigners, in what cases
ordered, 724, 732

Bankruptcy Act, The (1883), 615,
616, 625, 626

Bankruptcy, Effect of, upon Obliga-
tions of Bankrupt, 615. Rights
and Powers of Assignees over
Property of, ib. By what juris-
diction to be governed, ib. Peti-
tion for, cannot be presented
against a Debtor in England un-
less he be domiciled in England,
615. Assignment before Bank-
ruptcy, 617. Judgment of Lord

Cairns as to Priority of Distribu-
tion of Assets, 622. Law and
decisions of the United States of
America, 621. Priority of Liens,
classes of Creditors, 623. Law of
Scotland, where a double domicil,
624. Effect upon Partnership
Rights, ib. Double Partnership,
proof of Debt against both Firms,
625. Assignees, &c., no power
over immoveable Property in
Foreign State, 627. Effect of, as
a discharge of Obligation, 638.
(See Discharge.) French Law of,
694

Bavaria, Law of, as to status of
Foreigner, 262. Code of, on the
subject of Obligations, and a con-
flict of laws in relation thereto,
520. (See Code, Bavarian.)
Belgium, Law of, as to the status of
Foreigners, 261. Treaty of, with
France and the United States as
to Trade Marks, 462. Law of, as
to suits between Foreigners, 729,
Foreign judgments, 761, Offences
committed abroad, 798. (See Code,
Belgian.)

Berne, International Conference of
1885, 459

Betrothed, Domicil of, 63
Bill of Exchange drawn in one and
accepted in another country, by
which law governed, 570. Alter-
ation of Prussian Law respecting,
570. (See Obligations.) Drawn
by Bankrupt, non-liability of Ac-
ceptor, 595

Foreign.-Rules of Comity respect-
ing, 683. As to the lex domi-
cilii, 684. Capacity of Drawer,
&c., ib. Bills of Exchange Act
(1882), 685. Law of Germany
as to, 686. Incapacities affixed
to parties by European Con-
tinental States, 687. By Eng-
land, 688. As to the lex loci
contractús, 688, 690. Stamp on,
when drawn abroad, 689. Pro-
test of, made abroad, and not
under seal, American Law, 689.
When acceptance void, or may
be avoided, 690. Part payment
of, in discharge of whole, ib.
Indorsement of, 691. Indorse-
ment of, in blank in Country

where such Indorsement inop-
erative as a transfer, 691, 692.
Laws of the United States of
America as to suits against
Indorsers, ib. English rule as
to transfer of, by indorse-
ment, 693. Construction of, ib.
Drawn in one Country, and
accepted in another, according
to the law of which Country
respective Parties liable, ib. As
to the lex loci solutionis, 694.
As to the lex fori, 695. Protest
and Notice of Dishonour of, ib.
Payable in Currency, having
same name but different value in
other Countries, 696. Made and
accepted in twoCountries having
different rates of interest, which
rate of interest to be paid, ib.
Extract from Dr. Sautayra's
edition of the French Com-
mercial Code, 698

Birth, Domicil of. (See Domicil.)
Place of, a criterion of Domicil,
152

Bishop, Domicil of, 134
Bona mobilia.
Domicil.)
Bottomry Bond, Master of Ship's
right and power to pledge Ship on,
667

(See Property. See

Brazilian Code. (See Code, Brazilian.)
Brougham, Lord, Decision of in case
of Warrender v. Warrender, 66

C.

California, Law of, respecting com-
panies, 280. Chinese Aliens, 281
Carolina, North and South, Laws of,
respecting rights of Aliens, 280
Cessio bonorum, effect of, as a dis-
charge of Obligation, 638. (See
Discharge.)

Charles II., Letter of Sir Leoline
Jenkins to, 39

Chattels (real and personal), Rights
relating to, 444. (See Property.)
Children of unknown parents, Domi-
cil of, 57. Rights and powers of
Parents over person and property
of, 398. (See Parents.)
Chinese labourers in United States,
283. (Addenda.)

VOL. IV.

3 I

849

Choses in Action, Transfer or assign-
ment of, 611

Cinque Ports, Court of Admiralty of
the, 502

Citizenship, of Foreign Country, a
criterion of Domicil, 189
Civil Death, Incapacities arising
from, in France and Russia, 284
Code, Argentine Civil, 148, 208
Code, Austrian Civil, 261, 411, 519,
534

Code, Baden, 262, 520

Code, Bavarian, 262, 520

Code, Belgian Civil, 261, 518; of
Civil Procedure, 761; of Criminal
Procedure, 798

Code, Brazilian, 7, 721
Code, Dutch Civil, 45, 65, 95, 102,
104, 162, 173, 208, 263, 265, 406,
411, 451, 505, 520

Code, Dutch Commercial (Wetbock
van Koophandel), 658

Code, Dutch, of Criminal Procedure,
799

Code, French Civil, 7, 39, 48, 49, 80,
87, 95, 102, 104, 168, 207, 218,
227, 233, 260, 294, 295, 298, 308,
336, 357, 366, 406, 412, 418, 448,
449, 503, 504, 521, 534, 571, 763,
796

Code, French Commercial, 620, 658,

666, 675. Extract from, on sub-
ject of Bills of Exchange, 698
Code, French, of Civil Procedure,
727, 763

Code, French, of Criminal Procedure
(Code d'Instruction Criminelle),
798

Code, German, of Civil Procedure,
760; Penal, 796, 798
Code, Italian Civil, 7, 48, 65, 87,

95, 207, 228, 264, 310, 311, 406,
411, 457, 504, 520, 761
Code, Italian Commercial, 658, 675
Code of Justinian. (See Roman
Law.)

Code, Louisiana Civil, 80, 304, 338,
521,571

Code, Portuguese, of Procedure, 760
Code, Prussian, 262, 363, 399, 406,
410, 418, 436, 450, 505, 508, 511,
518, 519, 534, 556, 567, 570, 574,
603

Code, Russian, 264; of Procedure,
761

Code, Sardinian, 65, 207, 228, 263

Code, Spanish, of Procedure, 760
Code, Wurtemberg, 520
Collisions at Sea, Regulations of
Merchant Shipping Amendment
Act, 1862, for prevention of,
adopted by most maritime na-
tions, 654

Colorado, Law of, as to Foreign
Corporations, 280. Rights of
Aliens, 281, 282

Columbia, District of, Act of Con-
gress (1887) respecting, 282
Comity, 1. Exclusive Jurisdiction of
a State over all persons and things
within its territory, 2. Rights
and Privileges of Foreigners in
a Foreign State, ib. Refusal of
their Rights a justifiable cause of
reprisals, 3. States may have
their own private Code or Laws,
ib. Consent of States to adopt
certain Rules of Law respecting
Foreigners commorant within
their Territory, 4. Mode of dis-
cussing the subject of Private
International Law in Treatises, 7.
Limits assigned to the operation
of the Laws of one State within
the territory of another, 8. With re-
spect to the different positive Laws
of different States, ib. Practice of
States as to recognising the autho-
rity of each other's Laws, ib.
Distinction between Comity and
Law, 9. Practice of England as
to treatment of Foreigners, 10, 11.
Application of Foreign Law, by
Judges, to cases affecting For-
eigners, 11. Exceptional Restric-
tions, 12, 18. Case of the Creole,
dispute between England and
the United States of America,
15. Case of Somerset, the Negro,
16. Cases where applica-
tion of Foreign Laws denied
because injurious to the public
policy of the nation, ib. Indeli-
bity of the allegiance of subjects
of England and North America,
17. Marriages abroad contrary to
express Law of parties' own coun-
try; instance of Royal Marriage
Act in England, ib. Englishman
prohibited being a Slave Owner
by Law of England, 17. Law of
Foreign Country applied where no

exceptional restrictions exist, 18.
References to Writers and Deci-
sions on Private International
Law, 19. Principles and Rules
of, respecting validity of Mar-
riage, 286. (See Marriage.) Prac-
tice of, respecting Foreign Judg-
ments, 756. Respecting Bills of
Exchange, &c., 683. Principles
of, as concerning Administration
of Justice to Foreigners. (See
Foreigners, Jurisdiction.)
Commission to Foreign Court or
State to take Evidence, 691. How
directed, ib.

Committee of Lunatic, 438. (See
Guardian.)

Companies, Foreign, Laws of the

different States in America re-
specting, 280

Conflict of Laws. (See Comity.)
Rules as to, 5. Respecting Con-
tracts and Obligations, by which
Law they shall be governed, 507.
On the substance of Obligations,
524, 538. (See Contracts, Obliga-
tions.)

Connecticut, Law of, respecting
Foreign Companies, 280. Respect-
ing rights of Aliens, 281
Construction of Marriage Contracts,
344. (See Settlement.) Of Tes-
tamentary Papers, by Foreign
Courts, 709

Consul, Necessary Domicil of, 132,
133. Marriages before, 294. Powers
conferred upon to administer
oaths, and do notarial acts by 18
& 19 Vict. c. 90, 718
Contentious Jurisdiction in suits or
cases between Foreigners, 721.
What is the forum competens, ib.
Where one party to Suit only is
Foreigner, ib. Where both are
Foreigners, 725. (See Foreigners.)
Contracts, as affected by Statutes,
249. Relating to Marriage and
Dowry, 249, 287. (See Marriage.)
Roman Law relating to, 488. (See
also Obligations.) Division of
Conventions according to Ro-
man Law, ib. Character of the
Contract, 489. Object of the
contracting parties, ib. Form
of action by which certain
Contracts are protected, 490.

Effect and operation of obliga-
tions, 491. Those actionable
and those not actionable, 492.
Sources of Obligation, 495.
(See Obligations.)

Law of England and the United
States of America relating
to Contracts and Obliga-
tions, 496. Definition of, ac-
cording to English Law, 496,
506. Consideration of Con-
tract, 497. Proof of written
Agreements, 498. Effect of the
Statute of Frauds, 499. Lord
Tenterden's Act, 9 Geo. IV.
c. 19, 501, 502. Admiralty juris-
diction over Maritime Contracts,
502. Provisions in Foreign
Codes respecting, 503. Meaning
of the terms of Obligation, Con-
tract, Agreement, 506
Conflict of Laws. Rules of Inter-
national Comity, 507. Which
Law should govern the Form of
Contract, ib. Order of consider-
ing, ib. Principles derived from
the reason of the thing, &c., 508.
Usage of States in adopting
rule locus regit actum, 508, 509.
Exceptions to the recognition of
that rule, 509. Does rule locus
regit actum have its rise in the
Roman or Canon Law, 512, 586.
Whether rule locus regit actum
incorporated among provisions
of modern Codes of Christian
States, 517.
Decisions of Eng-
land and United States of
America as to rule locus regit
actum, 521

What Law should govern as to the

substance of Contract or Obli-
gation where there is a Conflict
of Laws, 524. (See Obligations.)
Securities given for, 604, 610.
(See Obligations.)
Contractús, lex loci, 545. (See Con-
tracts, Obligations.)
Copyright, Origin of, 456. Statutes

as to Copyrights held by Eng-
lish and Scotch Universities
and by Colleges of Eton, West-
minster, and Winchester, 457.
International Copyright Act, 1886,
457,459. International Conference
respecting, at Berne, 1885, 459.

Recognition of, by States of
Europe, and Treaties relating to,
458. Substance of Conventions
relating to, ib., 831. Judgment in
Jeffreys v. Boosey, and Routledge
v. Low, 459, 460.
Corporation,. Necessary Domicil of,
146. Foreign Corporations in
England, 147. American Law as
to, 148, 280. Ecclesiastical in
Foreign States, 283, 285. Inca-
pacity of, in certain cases to be
parties to Bills of Exchange, 688.
Foreign service of writ on, 731
Correspondence, Contracts entered
into by means of, 566. (See Obli-
gations, Contracts.) Opinion of
Savigny on Contracts by, 572
Costs, giving security for, by
Foreigner, in what cases, 724, 732
Cottenham (Lord), Opinion of, re-

specting questions of Domicil, 164
Creditors, Rights and Privileges of,
611. (See Bankruptcy.) Priorities
and Privileges of, in the marshall-
ing and distribution of assets, 753
Cresswell, Mr. Justice, Judgment of,
in Brook v. Brook, 289, 290
Criminal Law-

Administration of Justice in the
case of Foreigners, 717. Private
injuries, where to be redressed,
794. Criminal prosecution of
subjects for Crimes committed
abroad, 795. Of Foreigners for
Crimes committed within the
Territory, 796. No State executes
the Penal Laws of another State,
803. Crimes committed on the
High Seas, ib. Necessity for
Amendment of laws and practice
in reference to Crimes on the
High Seas, 804

Currency, In which, debt or damages
shall be paid, 583. Depreciation in
value of, between time of making
Obligation and time of payment,
586. (See Obligations, &c.)

D.

Damages, For nonfulfilment or delay
in performance of Contract, 583.
For injury to Property, &c., ib.

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