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CIVIL AND CRIMINAL PROCEDURE.
343. ALIENS are entitled to have free access to the courts of justice of the country where they reside, and are at liberty to employ advocates and agents for the conduct of their suits.
344. If the alien permanently resides abroad or out of the jurisdiction of the court, the judge may stay the proceedings in the action till he gives security for costs.
In France a foreigner bringing a suit must give bail for costs and interest, except in matters of commerce and trade; except also when the foreigner possesses in France immovable property of sufficient value to cover such costs and interest, and where the foreigner is by treaty exempt from the necessity of finding bail.
345. A conflict of law exists as to the com
petency of the tribunals to entertain suits between undomiciled foreigners, etc., for breach of an obligation contracted in a foreign State.
In France the French courts hold themselves incompetent. In England all persons are entitled to maintain a suit as plaintiffs.
346. Corporations or other artificial persons have no existence beyond the jurisdiction of the State by virtue of which they exist, and have no capacity beyond that which is conferred by the law of such State. By treaty, however, the corporate rights of such societies to sue or be sued may be recognized.
TREATY CLAUSES AS REGARD JOINT STOCK COMPANIES.
See British Treaties with Belgium, November 13, 1862; France, April 30, 1862; Germany, March 27, 1874;. Spain, January 29, 1883. Austria-Hungary with Italy, January 24, 1876. Belgium with Greece, April 2, 1871; Venezuela, May 25, 1882. Germany with Belgium, November 26, 1873, and Italy, August 8, 1873. Greece with Italy, February 25, 1871.
347. Joint stock companies and other associations, commercial, industrial, and financial, constituted in conformity with the laws in force
in either State, may exercise in the dominions of the other all their rights, including that of appearing before tribunals for the purpose of bringing an action, or of defending themselves, with the sole condition, in exercising such rights, of always conforming themselves to the laws and customs in force in the said dominions.
The French Law of May 30, 1857, said that foreign societies cannot sue or be sued in France unless under the authority of the Chief of the State. The Belgian Law of 1873 provided that anonymous and other industrial societies, having their principal seats in foreign countries, may carry on their business in Belgium and sue in the Belgian courts; that every society whose principal establishment is in Belgium is subject to Belgian laws, though the deed constituting the same was made in a foreign country. In England any foreign corporation or other artificial or moral person may sue, provided the local law of the transaction authorizes it to act in a corporate or other artificial capacity.
348. The lex loci governs all criminal jurisdiction.
The State is not bound to punish a foreign subject residing in the country for a crime committed against the subject of another State out of its jurisdiction.
349. The State will not recognize or allow to be executed a foreign judgment which contains any provision or order contrary to public morals or public policy.
350. A foreign judgment may be impeached if the tribunal which pronounced it was incompetent or was not duly seized or possessed of the subject of its decision, or if the defendant had not been fairly heard according to the law of the State.
TREATY CLAUSES CONCERNING THE GRANTING OF
JUDICIAL ASSISTANCE TO ALIENS.
See Treaties of Austria-Hungary with France, , May 14, 1879; Belgium, June 19, 1880; Servia, May 6, 1881; Italy, February 9, 1883; Switzerland, February 8, 1884. Germany with Luxembourg, June 12, 1879; France, February 20, 1880. Italy with Switzerland, February 8, 1884. Spain with Italy, July 8, 1882.
351. The subjects and citizens of the contracting parties shall reciprocally enjoy the same benefit of judicial assistance as the natives themselves, by conforming themselves to the laws of the country in which such assistance shall be claimed.
352. In all cases a certificate of indigence will be given to a foreigner who may demand