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INDEX.

**The Figures refer to the Sections of the Work.

ACCEPTANCES, of different obligation in England and Leghorn,

265.

by what law governed, 317, 333, 345.

ACCOUNT, BOOKS OF, when admissible evidence, 634 a.
ACTIONS, real, in the Roman Law, what, 530.

personal, 530.

mixed, 530.

where brought by the Roman Law, 531-537.
division of, by Boullenois, 552.

ADMINISTRATORS AND EXECUTORS,

who correspond to, under the Roman Law, 508.

their title good, all the world over, according to Lord Kaims,

511.

their title does not extend beyond their territory, 512.

no suit can be brought by or against them, in virtue of foreign

letters, 513-515.

ancillary funds collected by, to what debts appropriated, 513-
514 b.

collecting debts in another state, liable de son tort, 514.
whether liable for assets received abroad and brought into

such state, 514 b.

foreign, voluntary payment to, when a valid discharge, 515.
where they remit property to pay legacies, 514.

may sue in their own names, for personal property
reduced into possession, 516.

may sue in their own names upon negotiable notes, 517.
ancillary, are subordinate, 518.

where property of the deceased is in transitu at his death,

519, 520.

case of stage-coaches in different States, &c. belonging to the
deceased, 521.

ancillary, force of judgment against, 522.

MM M

ADMINISTRATORS AND EXECUTORS, (continued).

where real securities are converted into personal assets, 523.
what law is to govern the priority of debts and the marshalling
of assets, 524-527.

which estate shall be charged with debts, 486-489, 528.
ADMIRALTY, COURT OF, judgments of in rem, 592.

the effect of its seal, 643.

ADVANCES, MUTUAL, by merchants of different countries, 283.
AGENT, FOREIGN, contracts made by, 286.

ALIEN, dowable according to the lex rei sita, 448.
ALLEGIANCE, natural, what, 22.

local, what, 22.

AMBASSADORS retain their domicil, 48.

ANCILLARY ADMINISTRATORS, (See ADMINISTRATORS).
ANTENUPTIAL OFFSPRING, their legitimation by the Scotch
law, 87.

ARREST, when it belongs to the remedy, 568-572.

ASSETS, DOMESTIC, how affected by foreign administrations, 513.
ASSIGNEE OF DEBT, when he may sue in a foreign country in his
own name, or not, 355, 399, 565, 566.

ASSIGNEES OF BANKRUPT, whether they can sue in their own
names in a foreign country, 420, 565.

ASSIGNMENT OF DEBTS, by what law governed, 399, 565, 566.
notice of, when necessary to debtor, 395, 398, 399 a, 565, 566.

ASSIGNMENTS of foreign liabilities, right to sue upon, 351 d.
of an Irish judgment, 355, 566.

general, under bankrupt and insolvent laws, effect of, 403.
(See BANKRUPT LAWS).

by marriage, 423.

ATTACHMENT, before notice of an assignment, 395.

ATTAINDER, disability from, 620.

AUTHENTICATIONS of contracts must be according to the lex loci,
260, 631.

BALANCES between merchants of different countries, 283.

BANK STOCK, its locality, 383.

BANKRUPT LAWS, FOREIGN,

discharges under, 338.

assignments under, 403.

whether they have a universal operation, 403.

opposite opinions of English and American courts, 403.

BANKRUPT LAWS, FOREIGN, (continued).

reasoning of the English courts in favour of their universality,

404.

authorities in support of the English doctrine, 407.

opinion of Lord Eldon, 408.

propositions established in the English doctrine, 409.

reasoning of the American courts against their universality, 410.
contrary doctrine held in France and Holland, 417.

where confirmatory conveyance by bankrupt to his assignees, 418.
whether they operate a transfer of personal property in this
country, 419.

priority of domestic creditors, 409, 423 a.

case of bankrupt partners, resident in different countries, 422,

433 a.

BENEFIT OF INVENTORY, what, 540.

"BIENS," its meaning with the civilians, 13, 147, 375.

BILLS OF EXCHANGE, with blanks to be filled in a foreign country,

289.

damages upon, 314.

when payable and indorsed in different countries, 317.
how governed as to the incidents of payment, 347, 360.
their protest, how governed, 361, 630 b.

(See NEGOTIABLE INSTRUMENTS).
BIRTH-PLACE, how it affects domicil, 46.

citizenship, 48.

BLOOD RELATIONS, marriage between, 114.

"BONA," its meaning with the civilians, 375.

BONDS, HERITABLE, what in Scotch law, 366.

whether payable out of the real or personal estate, 487, 529,

BOOKS OF ACCOUNT, when admissible evidence, 635.
BOULLENOIS, Mr. Henry has borrowed from, 14.

his principles as to territorial jurisdiction, 19.

capacity of persons, 57-60.
foreign contracts, 240.

judgments, 613, 614.

BRIDGE SHARES, their locality, 333.

CANAL SHARES, their locality, 333.

CAPACITY OF PERSONS, 50—106.

laws regulating, treated by the civilians as personal, 51.

of two sorts, 51.

universal, what, 51.

special, what, 51.

M M M 2

CAPACITY OF PERSONS, (continued).

determined by the original domicil, 51.

disagreeing opinions of the foreign jurists, 52-62.
as to minority and majority, 51 a, 55, 56, 71, 72.
distinctions as to, between movables and immovables, 53,

368.

where a change of domicil, 55-62.

opinions of Boullenois and Merlin, 57–60.

Huberus, 60–62.

best established doctrines, 63-100.

acts done in the place of domicil to be judged of by the laws
there, 64.

capacity of the domicil is deemed to exist every where, the
domicil being unchanged, 65-69.

modern law of France on this point, 68.

the domicil being changed, the capacity is changed, 70.

distinction noticed on this point, 71.

reasons of the civilians, on fixing the age of majority, 72.

no universal rules on this subject, 73.

opinions of the Supreme Court of Louisiana examined, 75-78.
English rule as to capacity to marry, 79-81.

case of British minor intermarrying in France, 80, 80 a.

law of actual domicil of universal obligation, 81, 82.

different opinion of the foreign jurists, 82 a-85.

general principles in England as to capacity to marry, 86—88.
the American courts, 89.

disabilities from minority in Continental Europe, 90.

infancy, 90, 103.

outlawry, &c., in England, 92.

illegitimacy, according to the foreign jurists,

93-93 v.

causa professionis, as of monks, 94.

slavery, 96-104.

idiocy, insanity, and prodigality, 99, 106.

ubiquity of the law of domicil denied by the Scotch court,

97.

rules established in England and America, 100.

whether sentences touching are conclusive, 594.

CATHOLICS, their views on divorces, 210.

CESSIO BONORUM, what, 339.

CHANCERY, its jurisdiction over foreign lands and persons, 544.
does not act directly upon foreign lands, 545.

CHARGES on lands, how to be borne, 302, 487-489 c.
CHARITIES for foreign purposes, when valid, 479 d.

CHOSES IN ACTION, not assignable by the common law, 354, 355,
395-400, 565, 566.

due by foreign debtors, assignment of, 395.

assignment of, according to the law of the owner's domicil, 397.
CITATIONS VIIS ET MODIS, by what law their priority is deter-
mined, 524-527, 575.

jurisdiction given by, 546, 547.

CITIZENS, who are, 48.

jurisdiction over, 540.

CIVIL DEATH, disability from, 620.

CIVILIANS use the term, mixed questions, 9.

their discussions of the Conflict of Laws, 11.

their division of Statutes, 12.

object in using their works, 16.

their systems on the Conflict of Laws, 26.

their views as to the capacity of persons, 51.
as to fixing the age of majority, 72, 73.

on foreign contracts, 234-240.

COHABITATION, illicit, foreign contracts for, 258.

COLLISION of ships of different nations on the high seas, what rule is
to govern in case of a Conflict of Laws, 423 g.

COMITY OF NATIONS, its relation to questions of Conflict of Laws,
28.

question as to the propriety of this phrase, 33-37.

a proper phrase, 38.

not the comity of courts, 38.

as to the extra-territorial force of laws, 33-37, 278.
as to Bankrupt Laws, 349-351, 414.

what it allows, as to movables, 472.

COMMERCIAL AGENTS, their domicil, 42.

COMMERCIAL CONTRACTS, their interpretation, 277.
COMMON LAW, the Roman Law so called, 12.
COMMUNITY, LAW OF, what, 131, 132.

to what property applied, 150-157.

general result, 158-160.

whether real or personal, 174-178.

does not attach to immovables under the Common Law, 454.
COMPETENCY, OF A WITNESS, convict of an infamous crime in
another State, 621.

CONFLICT OF LAWS, supposed by Huberus not to occur often under
the Romans, 2.

traces of, in the Digest, 2.

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