None
devolution of, in English law ■ § 169 213-215 vests in executor since Land Transfer Act, 1897 105 RECEIPT for debt by administrator not entitled to sue : § 98 127 BECEIVER for debenture holders, rights of, against foreign creditors 179 of foreign land . § 172 218 proceedings taken abroad, not an interference with : § 154c ... 205 uervice out of jurisdiction, as to ' 251 RECOURSE, right of heir who has paid debts out of realty : § 118 145,146 REDEMPTION of mortgages of foreign land: § 174 219,220 REDUCTION INTO POSSESSION of foreign property, effect of 124,125 by judgment : § 97 127 REFUGEE, domicile of criminal : § 272a 348 political : § 279 352 RELIGIOUS DISABILITIES as affecting marriage: § 22 58,59 not recognised in England : § 16 50 EEMARRIAGE OF DIVORCED PERSONS depends on law of place where divorce granted 88 BENT-CHARGE issuing out of land is immovable : § 159 209 RENVOI Bate, views of 34 discussed 28-39 English practice as to 35-38 German code as to 31-34 Hague conventions as to 33 & n. INDEX. 447 PAGE RENVOI— cont. jurists, majority against renvoi 3* meaning of 28 opinion of the author as to 37-39 origin 23,28 RES JUDICATA, foreign judgment: § 337 398,399 in early French law 24 EESIDENCE falling short of domicile not a ground for jurisdiction for divorce 84, 85 EESTITUTION OF CONJUGAL RIGHTS: § 48 91,92 EESTBAINT OF MARRIAGE, condition of, in will 148 RESTRAINT OF TRADE, contracts in, enforceability of 294 RESTRAINT ON ALIENATION, movables 44, 203 immovables: § 165 211,212 RETROSPECTIVE LAW, effect of : § 62 i08 REVENUE LAWS, foreign: §§ 155, 209 206,281,282,289 REVERSIONARY INTEREST, priority of assignments : § 162 202 REVOCATION of wills by marriage, depends on domicile : §§ 80, 86 117,119 REVOLUTIONARY GOVERNMENT, contract to aid 291 RODENBURG 163,181 ROMAN LAW as to corporations ..._. 367 domicile 319,335 jurisdiction 226-232 movables 185, 186 quasi contracts 309 RUCKVERWEISUNG. See Renvoi. RULE OF THE ROAD AT SEA: § 205 277,278 RUSSIA, recoi Ignition of Soviet Government 244,261 SALVAGE, jurisdiction in contract for 249 448 INDEX. PAGE SATISFACTION of debt by legacy 151 SAVIGNY 21 views as to bankruptcy 156-168, 181 evidence of contracts 280,281 forum contractus 227-231, 288 delicta 268 movables, succession to 147,188 origo 12 (n.) SCOTCH EXECDTOE, confirmation of : § 70 .*. 112,113 SCOTCH LAW as to bankruptcy 170,171 case may be sent to Scotch courts : § 359 411 marriage ■ according to 67 method of dealing with Scotch appeals 40 SCOTLAND, effect of discharge in bankruptcy 317 not a foreign country 252 SEA, jurisdiction on ' 275-278 SECURITY for costs : § 365a 413 debt. See Debts. SEQUESTRATION. See Bankeuptcy. SERVICE OUT OP JURISDICTION, agent appointed to receive service 240, 242, 250 of foreign principal, by leave of court : § 182 242 alternative claims, in case of 251 arbitration award, of 247 citation, petition, and decree in restitution actions 92 concurrent proceedings abroad, where : § 186 265 damage within the jurisdiction, by act abroad 253 discovery, order for 240 divorce practice of : § 189 254 evidence required 252 foreigners carrying on business within the jurisdiction 241 foreign co-respondent: § 46b 89,90 foreign process, of 247 interpleader, summons of 247 notice of, as to funds in court 254 motion 254 service where notice is required is void 240 to settle list of contributories 379 originating summons, of 147,252 submission to jurisdiction, effect of 248 summons, of 253 third party notice, of : § 187 253 writ of, in action relating to land ; §§ 183, 186 243,244 administration, for 244-248 Admiralty actions in rem: § 184 248 charge upon land, to enforce 245 INDEX. 449 PAGE SERVICE OUT OP JUEISDICTION— cont. charging order, for 249 construction of documents, for 244 contract to be performed within the jurisdiction 248,249 county court rules 248 defendant domiciled within jurisdiction 260 , 262 foreign corporation, on: §§ 309, 310 376,377 foreclosure of mortgages, for 245,249 form of 249 injunction, for ' 245,250 Ireland, in 245,250 nuisance, in case of 245 partners, "upon: § 182 241,242 probate actions, in 246 procedure for 246, 247, 252 proper party out of jurisdiction 245,251 Scotland, in 245,250 ships 251,253 slander of title to land ; 243,248 time for 246 tort, in case of : § 188 244,252 Workmen's Compensation Act, under 254 SBT-OEF. See Pbooedubb. SETTLEMENT OK MARRIAG-B. See Makeiage Settlement. SHARE CERTIFICATES, of deceased person 126 SHAREHOLDERS, rights inter se : § 223a 298 SHARES, situs of r § 154b 205 SHIPS, actions against, by seamen, etc. : § 185 243 agent's authority: § 151 200,201 authority of master 201,296 bottomry 296 British, foreign judgments enforced against : §§ 313, 337 880,399 marriages on board : §§ 30, 32 66-68 when British territory : § 164 204 colonial governments, of 258 compulsory pilots : § 204 270, 277, 278 contracts for afifreightment : § 219 295,296 service on : § 218 295 foreign governments, of 257,258 general average: § 220 296,297 lay days 296 mortgage of 196,199 priorities : § 351 407 probate duty on 126 register, 'effect on liability 270 right of captain to sell cargo 198 rule of the road. § 205 , 277,278 sale of 201 service of process : §§ 183, 184 243, 261, 253 submission to jurisdiction 240 450 INDEX. PAGK SHIPS— cont. torts committed abroad by 269,270 transfer of: § 150 197-200 when British territory and what law therefore applicable : § 154 204 And see Collisions at Sea. SIEGE SOCIAL, of corporation 368,370 SITUS of debts : § 152 201, 202, 205 goodwill and patents : § 154b 205- negotiable instruments : § 154a 204 shares 205 ships 204 SLANDER OP TITLE service out of jurisdiction in action for 24& SLAVE TRADE 279 SOVEREIGN, court will take judicial cognizance of nature and extent 25& foreign: §§ 190-193 256-263 agent for 261,262 as British subject: § 191 258,259 counterclaims, and cross-actions against : § 192 ... 259-261 cannot be sued in England . § 190 256-258 discovery against 260 security for costs or damages 260 submission to jurisdiction, by 260 extent of territory ■ § 190 258 funds in court belonging to : § 193 262 lien against ships of 257,258 must respect obligations of predecessor 261 proceedings against property of, in England 263 recognition of 260,261 tort abroad under authority of 270 writ cannot be served on ambassador of. See Ambassadors. STAMPS. See Revenue. STATELESSNESS, condition of 365,366 STATUTE OE FRAUDS 281 STATUTES, personal and real 8 STATUS, foreign penal or religious status not recognised : § 16 50 STOPPAGE IN TRANSITU 197 STORY, as to assignment of debts 204 movables 184 , 186 prescription 314_ 315 INDEX. 451 PAGE STOEY— cont. bills of exchange, views as to 303 property passing by grant of probate 125,136 SUBMISSION TO THE JURISDICTION, as affecting jurisdiction 240,248,389 by a bankrupt debtor, effect of : § 128 165 defendant: § 826 388,389 by foreign sovereign 260 SUBSTITUTED SERVICE: § 181 238-241,247 SUCCESSION TO IMMOVABLES : § 168 213 heir must be born in wedlock: §§ 178, 179 222-224 SUCCESSION TO MOVABLrES 105-155 husband and wife, of : § 42 82 law and res judicata of deceased's last domicile conclusive as to beneficial interest after payment of debts : §§ 59-62 ... 107-109 And see Administeation of Pbbsonal Assets on Death. SUCCESSION DUTY, foreign: § 117 114 on English realty : § 112 136 on legacies left by persons domiciled abroad 140,141 on settled property : § 116 141-144 SUMMONS, order made on, service out of jurisdiction of 251 originating, service out of jurisdiction of 247,252 SUPERSTITIOUS USES, validity of bequest for, how decided 149 SYNDICS. See Bankruptcy ; Tbustees TAXES. See Duty. TECHNICAL WORDS in contracts , 80 in wills 151 TERMS OP YEARS. , See Leaseholds. THELLUSSON ACT applies to leaseholds in England 211 THIRD PARTY NOTICE : § 187 263 TORTS authority of foreign sovereign, under 270 damages not recoverable by lex loci delicti, effect of: §§ 196, 200 : 269 Fatal Accidents Act; § 200a 272 foreign defendant: § 201 272,273 interest where property tortiously used : § 206 279 452 INDEX. PAGE TOETS— co«f, must be a wrong by lex loci delicti commissi: § 196 269 English law: §§ 197, 198 270 service out of the jurisdiction for: § 186 24i slave trade 279 where criminal proceedings are necessary by the lex loci delicti commissi: § 199 271 where damages are not given by the Zee loci delicti commissi: § 200 271,272 And see Collisions at Sea and Loed Campbell's Act. TBADE, CONTRACTS IN EESTEAINT OP 294 TBADE DOMICILE IN TIME OP WAE 352, 369, 370 TRADE MARKS, foreign corporation, right of to protection of ■ § 307 376 does not pass under law of domicile 205 service abroad of notice of motion to expunge 2.54 TRADE NAME, right of foreign corporation to protection of 376 TRANSFER of immovables ; § 169 213-216 movables -. § 150 197-201 obligations: §§ 236, 237 ^12 TRANSLATION of foreign will, grant of probate of: § 82 117,118 TREATIES. how proved, § 361 412 TRESPASS to foreign soil 254.255 TRUSTEE, husband is, of wife's property under a foreign settlement 81 UNDUE INFLUENCE, contract obtained by, abroad . § 215 293 UNION OF TWO CROWNS, effect on nationality- § 300 364,365 UNIVERSAL ASSIGNMENTS: § 153 203,204 UNIVERSAL LEGATEE, administration only granted to : § 74 114 UNSOUND MIND. And see Litn.atic. person of, powers of foreign committee 48 USURY LAWS, effect of foreign 299 INDEX. 453 PAGE VALIDITY of wills of personal estate : § 80 117 contracts. See Contbacts. VAEYING SETTLEMENTS ON DIVOECB 79 VENUE, in England 235,236 abolition of: § 180 238 VOET 19,20 WAE acquisition of British nationality during 365, 3fi6 trade domicile in time of 352 of corporation , 369,371 WASTE committed abroad 270 WHAETON, as to movables 189 WILL, admissible in evidence although not in form required by foreign law: § 124 '. 162,153 British subject, of, form of : § 88 119 capacity to make, depends on personal law : § 86 119 change of domicile, effect on validity of: §§ 85, 86 118,119 child, meaning of, in : § 126 155 construction: § 123 149-152 election: § 125 153 English rules as to law determining validity: § 85 118,119 foreign land, jurisdiction to construe will of 218 language, in, construction of 152 law as to, includes foreign private international law : § 89 121 probate not entirely conclusive : § 81 117 property, -as to, when incorporated with English will. § 78 115,116 form of execution : § 86 '. 119 lapse: § 122 148,149 power of appointment, executing : §§ 91, 92, 93 121^123 naturalized persons, of 120 only one law at a time : § 90 .,. 121 operates, by law of domicile as to surplus after payment of debts: §§ 122-125 148 personal estate, of, construction : § 123 149-152 probate. See Peobate. real estate, of: ^ 169 213 restraint of marriage, condition in 148 revocation of, by marriage: §§ 80, 86 117,119 same where will is intended to execute power : §§ 91-94 121-123 satisfaction of debt by legacy 151 separate will referring to foreign property: § 78 115,116 superstitious uses 149 technical terms 151 translation of probate - of : § 82 117,118 w.l.L. 29 454 INDEX. PAGE WILL— coKi. validity depends on law of last domicile: § 85 118,119 judgment of court of the last domicile followed . § 80 117 of wills made in the United Kingdom : § 79 116 WINDING UP COMPANIES 161, 162, 167-169 English: § 131 167,168 affects all movable property in the British dominions : § 138 173,174 deeds of arrangement: § 24:2a 317,318 foreign: §§ 132, 138 168,169 calls how enforced 379 notihe to settle list of contributories served abroad ... 379 receiver for debenture holders, rights of, against foreign creditors 179 Scotch or Irish 168 And see Bankruftcy. WITNESS, commission to examine, wlien granted : § 863a 412 right to refuse to incriminate himself : § 349 406 examination of foreign : § 363 412 WEIT, service of. See Service out of Juhisdiction. Printed at Reading, England^ by the Eastern Press, Ltd. 