titles, "Des Conflits de Legislation relatif au Commerce;""De l' application de lois estrangeres relatives à la forme des actes;" "De l'interpretation des actes faits en pays estrangers" "De l'execution des actes faits en pays estrangers.") Thus, in their courts it has been considered, that, if a bill of exchange be made in a foreign country, defective according to the French law, but valid according to the foreign law, it must nevertheless be given effect to in the French courts, even against a French endorser, "par ce que les regles sur la validité intrinseque des conventions, sont derivées du droit natural, et sont de toutes les legislations;" and in the case of limitations, it is laid down that the law of prescriptions prevailing in the country where the contract was made, though different from that in France, must, in their courts, be given effect to. (4 Pardessus, 223.) They admit the difficulty of ascertaining correctly the foreign law, but consider that difficulty as not constituting any sufficient grounds for relieving their courts from the necessity of giving full effect to the contract according to the law of the place where it was made. (4 Pardessus, 246.) When the foreign law differs from that where the suit is depending, undoubtedly the party relying on the foreign law must prove it. (Browr, v. Lacy, 1 Dowl. & Ryl. Ni. Pri. Cas. 41, n. (a). As to the evidence, see post, note.)

In Great Britain the same theory is professed, and prevails to a limited extent; but the courts have so narrowedly applied it, that, as regards the process for the recovery of the claim, and the time when it must be commenced, it is a doctrine rather in name than in practice, excepting in a few instances as regards foreign marriages, and a few other cases. Dalrymple v. Dalrymple, Hagg. Rep. 54; Lacon v. Higgins, 1 Dowl. & Ryl. Ni. Pri. Rep. 38; Roach v. Garvan, 1 Ves. 159.) In theory it is laid down, that effect ought to be given to contracts, and especially to bills of exchange according to the law of the country where the contract was made, and in which it was to be performed, and not according to the law of the country into which either or all may re

move; for, what is not an obligation in one place cannot, by the laws of another country, become such in another place. (The King of Spain v. Machado, 4 Russ. Rep. 239; Burrows v. Jemino, 2 Stra. 733; Sel. Cas. 144, S. C.; Potter v. Brown, 5 East, 130; Chitty on Bills, Sth edit., 191.)

And a foreign marriage, if celebrated according to the lex loci, will be valid, though in a form quite different to that prescribed by English law.-Lacon v. Higgins, 1 Dowl. & Ryl. Ni. Pri. Cas. 38; 3 Stark. Rep. 176; where see the mode of proving the foreign law. As to which also see Hill v. Reardon, Jacob's Rep. 89, 90; and as to foreign marriages, in general, see 1 Roper on Husband and Wife, 333; Lantaur v. Teesdale, 8 Taunt. 830; Smith v. Maxwell, Ry. & Mood. Ni. Pri. Cas. 80; 1 Carr. & Payne, 271, S. C.; and see Butler v. Freeman, Ambl. 303. And indeed, a marriage had in a foreign country will not be valid here unless it were so by the lex loci. (Butler v. Freeman, Ambl. 303.) And, where the defendant gave the plaintiff, in a foreign country, where both were resident, a bill of exchange drawn by the defendant upon a person in England, which bill was afterwards protested here for non-acceptance, and the defendant afterwards, while still abroad, became bankrupt there, and obtained a certificate of discharge by the law of that state, it was held that such certificate was a bar to an action here upon an implied assumpsit to pay the bill in consequence of such non-acceptance in England, because such implied contract must be considered as made abroad. (Potter v. Brown, 5 East, 124.) So, in England, the rule is recognised, that the payment of a bill is to be made according to the law of the place where it was made payable, as best corresponding with the original intention of the parties. (Beawes, pl. 251; Marius, 102; Poth. pl. 155; 5 Barn. & Cres. 443; Chitty on Bills, 191.) So, the English courts, in some cases, besides giving effect to the contract itself, according to the foreign law, also give effect to such foreign law in some collateral respects, acknowledging that

otherwise the greatest injustice might ensue. Thus, in France, a protest for non-payment is not to be made till the day after a bill falls due, whereas in England it must be made upon the very day; and it cannot be doubted that if the bill were payable in France the English courts must give effect to the French instead of the English law, (4 Pardessus, 227, semble.) So, where a wife was entitled to a share under the statute of distribution, and was resident in Prussia, and by the laws of which one moiety of the effects of the husband must come to her on his death, the court of equity here did not, as usual, require him to make any settlement upon his wife. (Sawyer v. Shute, 1 Anst. 63; and Campbell v. French, 3 Ves. 323.)

But as before observed, the English courts will not, as respects the form of the remedy, notice the foreign law; and therefore a foreigner may in England be arrested for a debt, or in equity upon a writ of ne exeat, in respect of which he could not, according to the foreign law, where it was contracted, have been imprisoned. (De la Vega v. Vianna, 1 Barn. & Adolph. 284; 10 Barn. & Cress. 903; Flack v. Holm, 1 Jac. & Walk. 405.) So, though according to the law of Holland, persons jointly concerned in trade could not sue as partners, they might do so in England. (Shaw v. Harvey, Mood. & M. 226.) And, as regards the time for commencing suits on foreign contracts, the English courts, contrary to the practice in France, will only apply the English Statute of Limitations, and will not regard the foreign lex loci. (The British Linen Company v. Drummond, 10 Barn. & Cress. 903; 1 Barn. & Adolph. 285, 385; 1 Younge & Jerv. 376; Nash v. Tupper, 1 Caines's Rep. 402; Decouche v. Savetier, 3 Johns. Cha. Rep. 190; LeRoy v. Crowninshield, 2 Mason's Rep. 151;} aliter in France, 4 Pardessus, 223.) But it must be observed, that, in the case of The British Linen Company v. Drummond, (10 Barn. & Cress. 903), the much more distinct French law in 1 Pardessus, 455, 4 id. 196, 209 to 211, 220 to 223, and 285, was not cited, and that Lord Tenterden

doubted whether the decision in Delvalle v. The York Buildings Company was not the better law.

Again, in the English courts there is a rule of narrow petty policy not to protect the revenue laws of a foreign state, even at amity with this country, but even to encourage and give effect to the most dishonourable practices, however injurious to such independent state; so that British subjects are allowed to carry on smuggling transactions adverse to the interests of a neighbouring country, provided they do not prejudice our own revenue. (Holman v. Johnson, Cowp. 343)-per Lord Mansfield, "no country ever takes notice of the revenue laws of another." (See all the cases collected and observed upon in Chitty on Bills, 8th edit. 143, n. c.) And this to such a degree that a British subject has been allowed in the English courts to support an action against a purchaser of paper knowingly made by the plaintiff for the purpose of forging assignâts upon the same, to be exported to France, in order to commit frauds there on other persons. (Smith v. Marconnoy, 2 Peake's Rep. 81, addenda; and Strongitharm v. Lukyn, 1 Esp. Rep. 389). Assuredly one state is bound to act towards another as neighbours should to each other; and should it be tolerated that the latter should encourage frauds of one upon the other? Express treaties sometimes expressly provide against the toleration of such practices. So, in some cases, the English courts will not only deny effect to a correct decision of a foreign court upon the lex loci applicable to the same transaction, but will actually adjudicate to the contrary. Thus, in a late case it was held in chancery, that a distinct holder might recover in an English court on a bill drawn in France on a French stamp, although, in consequence of it not being in the form required by the French Code, another holder had failed in an action which he brought upon it in a French court; and the vice-chancellor is reported to have been of opinion, "that the circumstance of the bills being drawn and accepted by the defendant in France, and of the plaintiff having received the same

from the French drawer, and of the bills having been drawn in such a form in France that the holder could not recover on them in France, was no objection to his recovering on them in an English court." (Wynne v. Jackson, 2 Russ. 352; but see observations in Wynne v. Cullender, 1 Russ. 293.)

In cases where the foreign law and rule of construction would prevail, care must be observed to establish it, and have it stated on the record, for otherwise the contract will be construed the same as an English contract; and therefore it was held that an instrument executed by foreigners in a foreign country, as in Spain, must, on demurrer, be construed by the same grammatical rules as English contracts, and according to the obvious import of its terms, unless there be an allegation in the bill in equity, setting it forth, and that, according to the law of the country in which it was executed, the true construction of it is different. (The King of Spain and Others v. Machado and Others, 4 Russ. 224.)

Where an English commission precedes a Scotch sequestration, all Scotch personal estate is liable to the commission, and not to the sequestration. (Ex parte Cridland, 3 Ves. & B. 100; when otherwise, Ex parte Geddes, 1 Glyn & J. 414.)

Legacy in a foreign country, and coin, as sicca rupees, by a will in India, if paid by remittance to this country, the payment must be according to the current value of the rupee in India, without regard to the exchange or the expense of remittance: so, as to other countries. (Cockerell v. Barber, 16 Ves. 461.)

With respect to the proof of foreign law, it must in general be established as a fact, and the court cannot take notice of the same judicially. (Freemoult v. Dedire, 1 P. Wms. 431; Ex parte Cridland, 3 Ves. & B. 99; {Talbot v. Seeman, 1 Cranch, 1.} It is not absolutely necessary to prove it by the production of an examined copy; but a printed copy of the Cinq Codes of France, produced by the French viceconsul resident in London, purchased by him at a bookseller's shop at Paris,

was received as evidence of the law of France, upon which the Court in England would act in deciding upon the validity of a marriage in France between British subjects. (Lacon v. Higgins, 1 Dowl. & Ryl. Ni. Pri. Rep. 38; 3 Stark. 176, S. C.) And it has been supposed that the same point was decided in Sir Thomas Picton's case, where the question arose as to the right of inflicting torture in the island of Trinidad, formerly under the dominion of Spain; and the attorney-general of the island was examined as a witness, and the court allowed him to refer to printed books purporting to contain the law of Spain; and Lord Ellenborough, C. J., expressed no doubt that such books were receivable as evidence of the law of Spain and Trinidad. (30 Howell's State Trials, 514; but see 1 Dowl. & Ryl. Ni. Pri. Rep. 42, n. (a).)

In equity, it has been held that the foreign law must be verified by the affidavit of a professional person swearing positively, and not by the affidavit of another person not professionally acquainted with the law, and swearing only to information and belief. (Hill v. Reardon, Jacob, 89.) The best evidence is an affidavit or evidence of the foreign consul, or a foreign advocate of experience, stating verbatim the terms of the foreign law, when it was a written ediet, or in the nature of our statute law. (Flack v. Holm, 1 Jac. & Walk. 418.)

As respects the claims of a sovereign of a foreign independent state upon a subject of Great Britain, it seems clear that he stands in the same situation as a private subject of such foreign state. (Greig v. Somerville, 1 Russ. & M. 388, case of the emperor of Russia's claim.) Lord Hawkesbury said, that a foreign power might legally apply to the courts of judicature, and might obtain redress, as for defamation or calumny (6 Russ. Mod. Europe, 20, ante, 143), excepting that, in respect of his dignity, he, like our king, is not to recover costs (ante, 154, Hullet v. King of Spain, 1 Dow. Rep. new ser. 177); and, if such sovereign has never been in England, the statute of limitations constitutes no bar; and in equity at any distance of time, however remote, whilst there is