rules of evidence determined by lex fori, 432.

latent ambiguities explained by proof of local facts, 433.
adoption of local meaning a question of intent, 434.

usage of place where term is first employed determines, 435.

so of place from which term emanates, 636.

where place of performance is in view, that place determines, 437.
French law to this effect, 438.

distinction applicable to sureties on foreign bonds, 439.

AMERICA, policy of as to land, 278.

ANCILLARY ADMINISTRATIONS, practice as to, 604, 619, 627 et seq.

ANNEXATION, working naturalization, 13.

ANNULLING MARRIAGES, practice as to, 205, note.

jurisdiction as to, 213.

APPEARANCE of defendant, when giving jurisdiction in divorce cases, 238.
APPRENTICESHIP, when ubiquitous, 106.
ARREST, criminal jurisdiction in country of, 811.

of defendant on civil process, when permitted, 740.

ARROGATION, characteristics of, 251.

ASSIGNEE, when entitled to sue in his own name, 735.
ASSIGNMENTS, FORMS OF, governed by lex situs, 334, 372.

and so as to movables regulated by local law, 373.

local law prevails as to local forms, 374.

on this principle conflicting rulings can be explained, 375.
assignments on corporation books regulated by local law, 376.

party to imperfect assignment may be liable for damages, 377.
ASSIGNMENTS, INSOLVENTS, law governing (see ASSIGNMENTs, Bank-
RUPTCY), 390 a.

ASSIGNMENTS OF MOVABLES, law relating to (see MOVABLES),

334 et seq.

a court of the situs may hold that an attaching creditor cannot contest
assignment good by his domicil, 369.

a judgment between parties does not affect third parties, 370.

common domicil cannot override registry law, 371.

ASYLUM, right of in diplomatic residences, 16.

ATTACHMENTS, collision of with assignments, 345 et seq.

ATTAINDER, not extra-territorially recognized, 108.

ATTEMPTS, jurisdiction over, 823 et seq.

ATTORNEYS, lex fori determines as to, 751.

AUSTRIA, divorce laws of, 205, note.

marriage restrictions in, 185.

rights allowed by to aliens, 17.

AUTREFOIS ACQUIT, when a good plea, 829 et seq.
AVERAGE, GENERAL, law as to, 443.

BAILMENTS, law as to, 313.

BANKRUPTCY.

In modern Roman law bankruptcy is a national execution, 794.

in some states decree works business incapacity, which is not extra-ter-
ritorial, 795.

local assets pass to syndic or assignee, 796.

all creditors may come in, 797.

but must give credit for extra-territorial receipts, 798.

bankrupt assignments do not operate extra-territorially, 387, 799.

as to local liens lex rei sitae prevails, 390, 800.

each separate fund goes to its particular creditors, 801.

lex rei sitae determines, 802.

provisions to this effect not extra-territorial, 803.

bankrupt discharges of debts due abroad not a bar, 522, 804.

dependent on lex fori, 805.

conclusion of ubiquity of bankruptcy founded on false assumptions, 806.
practical difficulties attending the doctrine of such ubiquity, 807.

BANKRUPT ASSIGNMENTS.

European conflict as to the nature of bankruptcy, 387.

conflict as to its extra-territorial effects, 388.

in England, foreign bankrupt assignment does not convey immovables;
doubts as to movables, 389.

in the United States foreign bankrupt assignments not extra-territorial,

390.

so as to compulsory insolvent assignments of other states, 390 a.
foreign receivers subject to same rules, 390 b.

BANKRUPT DISCHARGES.

Discharge by state without jurisdiction inoperative, 522, 804.

federal bankrupt decrees effective throughout the United States, 523.
state insolvent discharges operative as between citizens of state and val-
idating creditors, 524.

but not usually as to other persons, 525, 804.

nor as to negotiable paper indorsed abroad, 526.

debts payable in state to non-citizen not barred, 527, 804.

except as to party to procedure, 528.

removal of creditor to another state does not privilege him, 529.

retrospective discharge inoperative, 530.

foreign bankrupt discharges not a bar, 531, 804.

otherwise as to discharges in special forum or common domicil, 532.

modern Roman law, 533.

BARBAROUS LANDS, jurisdiction exercised in by us, 15.

offences in, 814.

BARRENNESS, as affecting marriage, 149.

BARRING OBLIGATIONS (see BANKRUPT DISCHARGES, CONTRACTS,

LIMITATIONS), 519.

BASTARD CHILDREN, aliment of, 257.

BELGIUM, conditions of influencing private international law, 7.

BELLIGERENCY, contracts relating to, 495.

BIGAMY, internationally invalid, 132.

BILL OF EXCHANGE, conflicts of law as to (see COMMERCIAL PAper),

447 et seq.

BILL OF LADING, interpretation of (see COMMON CARRIER), 471.
BIRTH, as related to domicil, 40.

when constituting nationality, 10.

BLOCKADE BREACH, contracts for, 409 a.
BOOK ACCOUNTS, admissibility of, 766.

BOTTOMRY, contracts of, 441.

BUSINESS, place of, as affecting contract, 412.

BUSINESS CAPACITY, distinguishable from personal capacity, 94, 98.
BUSINESS CAPACITY OF SUCCESSOR, law as to, 579.

CADUCIARY RIGHTS, succession to, 602.

CANON LAW, how far binding in the United States, 171.

relations of to marriage, 126 et seq.

rule of as to form of marriage, 171–2.

CAPACITY TO ACQUIRE AND DISPOSE OF MOVABLES.
Capacity depends on place of transaction, 329.

distinction between holding and doing business unfounded, 330.

foreign incapacities inapplicable to this country, 331.

restrictions on natural capacity not extra-territorial, 332.

alienage determined by lex situs, 333.

CAPACITY TO HOLD AND CONVEY, governed by lex situs, 296.

CAPACITY TO MARRY (see MARRIAGE), 132.

CARRIER, COMMON (see COMMON CARRIER), 471, et seq.

CELEBRATION OF MARRIAGE (see CEREMONY OF MARRIAGE), 166

et seq.

CENTRALIZATION, dangers of in jurisprudence, 8.

CEREMONY OF MARRIAGE.

Prevalent opinion is that law of place of celebration controls, 169.
modifications suggested to this view, 170.

by canon law consensual marriage is valid, 171.

so by common law of England and of the continent of Europe, 172.
so in the United States, 173.

limitations of Council of Trent not binding when not published, 174.
state limitations not binding on foreigners when impracticable, 175.
nor when violating conscience, 176.

nor in barbarous lands, 177.

nor when not imposed on foreigners, 178.

exception as to ambassadors and consuls' houses, 179.

when prescribed forms are obligatory on subjects abroad, 180.
when foreign state is sought in fraud of home law, 181.

difficulties attending test of fraud, 182.

CERTIFICATES BY NOTARIES AND OTHER OFFICERS.

Must be in accordance with local law, 699.

lex fori must ultimately determine, 700.

need and proof of notarial seal, 701.

effect of exemplifications, 702.

no distinction between general and special officers, 703.

CESSIO BONORUM, effect of, 533.

CHAMPERTOUS CONTRACTS, will not be enforced, 491.
CHANCELLOR, jurisdiction of over foreign movables, 288, 711 a.
CHATTEL MORTGAGES, law as to, 317.

CHILDHOOD, ubiquity of incapacities of, 112-114.

CHILDREN, adoption of, 251.

nationality of, how to be changed, 10 a.

domicil of, 35, 41.

born in a state are citizens, 10, 36.

legitimation of (see LEGITIMATION), 240.

subjection to personal power, 253.

custody of, right to, 254.

CHINA, distinctive criminal laws of, 15.

CHINESE, condition of in the United States, 12.

CHOSES IN ACTION, law applicatory to (see DEBTS), 359 et seq.
CHRISTENDOM, authority of councils of as to marriage, 171.

CHURCH COUNCILS, force of canons established by, 171.

CITIZENS ABROAD, jurisdiction over, 813.

CITIZENSHIP, its relations to domicil, 26.

mode of obtaining, 5, 13.

federal and state, distinction between, 8, note.

relation of to domicil, 8, 75.

CIVIL DEATH, not extra-territorially recognized, 107.

CIVIL MARRIAGE, mode of in France, 184.

CLANDESTINITY, how affecting marriage, 153, 172,

CLERGYMEN, domicil of, 51.

COAST LINE, offences on, 818.

COHABITATION, relations of to marriage, 150.

173.

COLLISIONS AT SEA, limitations as to liabilities for, 472 a.
COMITY, not the basis of private international law, 1 a.
COMMERCIAL AGENCY, law applicatory to, 406.
COMMERCIAL DOMICIL, characteristics of, 70.
COMMERCIAL PAPER, conflicts of law as to, 447.

limitations of capacity not ubiquitous, 447.

COMMERCIAL PAPER-(continued).

formalities regulated by lex loci actus, 448.
each party individually bound, 449.

acceptor's obligations determined by place of payment, 450.
and so of makers, 451.

and so of days of grace, 452.

and so of interest, 453.

and so of demand, protest, and notice of dishonor, 454.

notice by indorser depends upon special law, 455.

liability of drawer and indorser conditioned by that of acceptor, but sub-
ject, as to payment, to his place of payment, 456.

place of date not necessarily place of payment, 457.

bill formally defective where made, may bind indorser if good in place
of indorsement, 458.

defective intermediate indorsements do not destroy negotiability when
good by the place of payment, 459.

conflict as to cumulation of expenses on reëxchange, 460.

assignability and taxability determined by holder's domicil, 461.

process determined by lex fori, 462.

defences that go to the merits dependent on place of payment, 462 a.

interpretation provable by usage, 463.

accommodation indorser bound by law of place, 464.

business disqualifications as to, 111.

COMMISSIONS TO TAKE TESTIMONY (see LETTERS ROGATORY),

722.

COMMON CARRIERS.

The interpretation of a bill of lading, so far as concerns its intrinsic qual-
ities, is for the state of the carrier's principal office, 471.

and so of the construction of contracts limiting carrier's liability for neg-
ligence, 472.

and so as to value of ship, 472 a.

liability for tort during carriage is determined by lex loci delicti commissi,

473.

law of place of performance determines mode of performance, 473 a.
advances on bill of lading bind extra-territorially, 473 b.

COMMUNITY, law of as to marriage, 188.

COMPENSATION, meaning of, 519.

CONFISCATION, law governing, 383.

"CONFLICT OF LAWS," propriety of term, 1, note.

CONFLICTING LAWS, presumption as to, 429.

CONFUSION, meaning of, 519.

CONJUGAL RELATIONS, international rules as to, 120, 126, 166.

CONSANGUINITY, impediments of, as affecting marriage, 127 et seq., 136.

CONSENSUAL MARRIAGES, validity of, 170, 173.

CONSENT OF PARENTS, when requisite to marriage, 150.
CONSIDERATION, practice relating to, 788.