Nationality not affected. 304. A change of domicil does not necessarily effect a change of national character. Natural allegiance fixes the political status of an individual, and the law of the domicil determines his civil status. By Lord WESTBURY. To suppose that for a change of domicil there must be a change of natural allegiance, is to confound the political and the civil status, and to destroy the distinction between patria and domicilium. Udny v. Udny, Law Rep., 1 House of Lords Sc. Cas., 441. Haldane v. Eckford, Law Rep., 8 Equity Cas., 631; Whicker v. Hume, 13 Beavan's Rep., 401; Stanley v. Bernes, 3 Haggard's Eccl. Rep., 373, 447, (reversing Curling v. Thornton, 2 Addams' Rep., 6;) 25 Beavan's Rep., 232; Fœlix, I., p. 58, note 7; 127, note; 133, note 2; McLaren's Law of Wills and Succession, p. 11, § 21; White v. Brown, 1 Wallace, Jr.'s U. S. Circuit Ct. Rep., 265. To the contrary, Fœlix, I., p. 58, note 29; Marcy, cited Wheaton, (6th ed.,) p. 132; Heffter, (3rd ed.,) p. 109; Re Cassdeville, 33 Law Journ., Exch., 306; Attorney-General v. Blucker, 34 Law Journ., Exch., 29. CHAPTER XXIII. EFFECT OF CHANGE OF DOMICIL. ARTICLE 305. Change not retroactive. 306. Law of new domicil applies. Change not retroactive. 305. A change of domicil has no retroactive effect. Voet ad Pandect., Lib. 10, Tit. 2, § 29. Either on the domicil of the person himself, or on the derivative domicils dependent on his. Allen v. Thompson, 11 Humphrey's (Tennessee) Rep., 538, 539; Bell v. Kennedy, Law Rep., 1 Scotch Appeals, 321. Law of new domicil applies. 306. Upon a change of domicil, the law of the new domicil has thenceforth' the like effect upon the person acquiring it as the law of his preceding domicil had theretofore produced. 1 Felix, Droit Intern. Privé, I., no. 28, p. 58, and note 2. 9 Story, Conflict of Laws, § 69. 307. The jurisdiction of a nation is its authority to govern, whether by legislative, executive or judicial power. It is either: 1. Territorial; or, 2. Extra-territorial. Territorial jurisdiction. 308. The territorial jurisdiction of a nation extends over all the places within its geographical limits, as defined by Chapter IV., on TERRITORY. Extra-territorial jurisdiction. 309. The extra-territorial jurisdiction of a nation, exclusive or concurrent, extends over the following places : 1. All the land or water included within the lines of its fleets or armies,' exclusive in respect to its own members, and concurrent' with that of the nation owning the territory, in respect to members of that or of any other nation; 2. All ships bearing its national character, exclusive ' except in the case of a private' ship within the limits of another nation, and in that case, concurrent with such nation; 3. All territory discovered or colonized by the nation, as provided in Title II., on EXTRA-TERRITORIAL ACTION, to the extent of its occupation thereof, as therein defined; and, 4. All places occupied by its marine telegraphs, light-houses, buoys, and other structures or property, not within the territory of any other nation, for the purposes of protecting such property and structures, and redressing injuries thereto. 11 Phillimore's International Law, 215. This qualification is obviously necessary. 3 As to public ships, the jurisdiction is exclusive. 1 Phillimore's Int. Law, 367; The Santissima Trinidad, 7 Wheaton's U. S. Supreme Ct. Rep., 283. The restriction to ships of war, made by the language of some authorities, it does not seem desirable to retain. Exceptions in the case of prize are reserved, to be treated in the Book on WAR. In this article a ship is regarded as a place, although vessels at sea are no longer considered as part of the territory of a nation. The flag protects nothing but the vessel, and only designates to what portion of the globe she belongs. Jurisdiction over what is on board ship is therefore extra-territorial. Johnson v. Twenty-one Bales, &c., 2 Paine's U. S. Circuit Ct. Rep., 601; S. C., 6 American Law Journal, 68. 5 1 Phill. Int. Law., 373; The Exchange . McFaddon, 7 Cranch's U. S. Rep., 116. To the contrary, Mahler . Transportation Co. "Law of place" defined. 310. The expression, "law of place," as used in this Code, signifies the law of the nation or State' within whose jurisdiction,' territorial or extra-territorial, for the time being, the transaction is had,' or the subject exists. 1 A question may arise here as to the proper rule to be applied on a question on which the local and the national or federal tribunals are at variance, as is the case upon some subjects of commercial law in the Amer ican courts. The definition is not limited to the exclusive jurisdiction, as there is a small class of cases in which the jurisdictions are concurrent, yet do not conflict. The case of conflict is provided for by the next article. There is another qualification which, according to some authorities, should be added, viz: that which was the law at the time of the transaction. But we have thought that the effect of a change in the law is a municipal and not an international question; and this article leaves the effect of a change of the law of place to be determined according to that law. Conflict of concurrent jurisdiction. 311. In case of a conflict in the exercise of the concurrent jurisdiction, defined in article 309, the territorial jurisdiction is paramount to the extra-territorial, except where otherwise provided in this Code. Persons attached to a foreign public ship do not by landing come under the territorial jurisdiction. Wheaton's Elements of International Law, v. 1, pt. 2, ch. 2; Ortolan, Régles Int. et Dipl. de la Mer, v. 1, 195. Subjects of jurisdiction. The jurisdiction of a nation extends to the following subjects: 1. To all persons and things in the places subject to its jurisdiction, territorial or extra-territorial, except as otherwise provided in this Code; 2. To its own property in other places, except as otherwise provided in this Code; 3. To all its own members and their property in any other places, in the cases provided in this Code, and in no other; 4. To the regulation of all transactions completed within its limits between living persons; and, 5. To the regulation of the devolution, at death, of all the movable property of all persons domiciled therein at the time of their death. Limits of exercise as to foreigners. 313. The jurisdiction of a nation, so far as it affects foreigners or foreign nations, is to be exercised subject to the provisions of this Code. Foreign military and naval forces. 314. In the case of military or naval forces of one nation occupying, or in transit through, the territory of another nation, by the consent of the latter, the jurisdiction of the former over the members of such forces is subject to the conditions of the consent. 11 TITLE IX. DUTIES OF A NATION TO FOREIGNERS. CHAPTER XXIV. Personal condition of foreigners. XXVI. Rights of property. This title is restricted to those rights of foreigners which are secured by the Code only to members of nations uniting in it. The numerous rights and obligations which are applicable to all nations whatever, and all foreigners, of whatever nationality, are among the subjects treated under Division Second, concerning PRIVATE INTERNATIONAL LAW. СНАРТЕR XXIV. PERSONAL CONDITION OF FOREIGNERS. ARTICLE 315. Who are foreigners. 316. Laws of a nation are applicable to foreigners. 317. Duty to administer justice. Who are foreigners. 315. The national character of persons as foreigners or members of the nation, and the domicil of foreigners, are defined in Titles VI. and VII. Laws of a nation are applicable to foreigners. 316. Except as is herein otherwise expressly provided, foreigners, while within the places subject to the jurisdiction of a nation, are, equally with the members of the nation, subject to its laws, and entitled to the protection thereof, for their persons and their property. Ferguson on Marriage and Divorce, 57; Reeding v. Smith, 2 Haggard's Consistory Rep., pp. 371, 384-386, per Lord STOWELL; 1 Kent's Commen |