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. personal, 530. mixed, 530. where brought by the Roman Law, 531-537. 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- collecting debts in another state, liable de son tort, 514. such state, 514 b. foreign, voluntary payment to, when a valid discharge, 515. may sue in their own names, for personal property may sue in their own names upon negotiable notes, 517. where property of the deceased is in transitu at his death, 519, 520. case of stage-coaches in different States, &c. belonging to the ancillary, force of judgment against, 522. MM M ADMINISTRATORS AND EXECUTORS, (continued). where real securities are converted into personal assets, 523. which estate shall be charged with debts, 486-489, 528. the effect of its seal, 643. ADVANCES, MUTUAL, by merchants of different countries, 283. ALIEN, dowable according to the lex rei sita, 448. local, what, 22. AMBASSADORS retain their domicil, 48. ANCILLARY ADMINISTRATORS, (See ADMINISTRATORS). ARREST, when it belongs to the remedy, 568-572. ASSETS, DOMESTIC, how affected by foreign administrations, 513. ASSIGNEES OF BANKRUPT, whether they can sue in their own ASSIGNMENT OF DEBTS, by what law governed, 399, 565, 566. ASSIGNMENTS of foreign liabilities, right to sue upon, 351 d. general, under bankrupt and insolvent laws, effect of, 403. by marriage, 423. ATTACHMENT, before notice of an assignment, 395. ATTAINDER, disability from, 620. AUTHENTICATIONS of contracts must be according to the lex loci, 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. where confirmatory conveyance by bankrupt to his assignees, 418. 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. (See NEGOTIABLE INSTRUMENTS). 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. his principles as to territorial jurisdiction, 19. capacity of persons, 57-60. 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. 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 capacity of the domicil is deemed to exist every where, the 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. 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. 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. CHARGES on lands, how to be borne, 302, 487-489 c. CHOSES IN ACTION, not assignable by the common law, 354, 355, due by foreign debtors, assignment of, 395. assignment of, according to the law of the owner's domicil, 397. 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. on foreign contracts, 234-240. COHABITATION, illicit, foreign contracts for, 258. COLLISION of ships of different nations on the high seas, what rule is COMITY OF NATIONS, its relation to questions of Conflict of Laws, 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. what it allows, as to movables, 472. COMMERCIAL AGENTS, their domicil, 42. COMMERCIAL CONTRACTS, their interpretation, 277. 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. CONFLICT OF LAWS, supposed by Huberus not to occur often under traces of, in the Digest, 2. |