Relating to "movable" property.—Contracts relating to movable pro perty are governed, as a rule, by the lex loci contractus—the law of the place where 4,he contract, or a material part thereof, is made. If the law of that place forbids a certain contract to be made, or if the contract is void on the ground of immorality, the contract would be void all over the world, and no civilised country could be called upon to enforce it. Though the law of the country where a contract is made, or is to be performed, furnishes the rules for expounding the nature and extent of its obligations, yet the law of the country where it is sought to enforce its performance governs all ques tions as to the remedy and mode of proceeding. In ambiguous contracts the domicile of the parties, the place of execution, the purpose, and the various provisions and expressions of the instrument, are all points material to be considered in the construction of the contract. A deed in the Scotch form made between parties, some of whom were domiciled in Scotland and others in England, was construed by the courts according to the Scotch law, so far as it affected the Scotch parties, and according to the English law, so far as it affected the English parties. Where a contract is mace in one country, to be performed wholly or partly in another country, the rule is, that the law of the country where the contract is made governs as to the nature of the obligation and the interpretation of it, if the parties to the contract are either subjects of a power there ruling, or as temporary residents owe that power a temporary allegiance—in either case they must be understood to submit to the law there prevailing, and agree to its action on their contract. A reference to foreign law in any English contract would not incorporate that law, but would only affect the interpretation of the contract.
Should the law of a foreign country in which a contract is made require registration thereof, the English courts will not regard the absence of com pliance w ith that requirement, unless the foreign law has made registration essential to the validity of the contract. The English courts will not take any notice of the revenue lawn (those that impose stamp duties) of foreign states ; but if the foreign raw renders a contract void unless stamped, that contract cannot be sued upon in England. If a plaintiff sues in an English court in respect of a foreign contract, he must submit to the English laws of limitation of actions ; it is therefore conceivable that the claim may be maintainable by an action in the foreign country, but barred in England by the statutes of limitation. If a debt or liability arising in a foreign country is discharged by the laws of that country, such discharge would be a com plete answer to an action in respect thereof in an English court. This would not, however, be the case if the debt or liability arose hi England, and the discharge was effected under a foreign law, as for example by a dis charge under the bankruptcy laws of the United States. But by special statutory provisions, a discharge from any debt or liability in an English, Irish, or Scotch bankruptcy is effectual throughout the British dominions.
Torts.—By this term is meant wrongs arising independently of contract. A foreigner resident abroad may maintain an action in England for a libel concerning him published here. An action may be brought in England in respect of an assault or other tort committed by one English subject upon another in a foreign country, provided the law of that country would itself give compensation or damages in respect of such wrongs. But the English courts will not entertain an action for damages for trespass to land in a foreign country when the action is founded upon a disputed claim of title to the land. Generally speaking, an action in respect of a tort cinumitted in a foreign country can only be brought in an English court if the action com plained of is wrongful both in the and at home.
Marriage.—The capacity of parties to a contract depends upon the of their domicile. In a contract of marriage this is a most important point in the consideration of its validity ; and after that conies the question whether the form of the celebration of the marriage was sufficient. Formality will be satisfied if the celebration is in accordance with the form lawful in the country of the celebration, or in accordance with the English common law in a country where there is no local form, or in accordance with the provisions of the requirements of the Foreign Marriage Act, 1892.
Divorce.—The English courts have jurisdiction to entertain suits for divorce, and to dissolve marriages, in all cases where the parties to pro ceedings have a domicile in England at the time of the commencement thereof. And even this domicile is not an essential if the parties submit to the jurisdic tion. In this connection it should be remembered that the domicile of the wife is the saur• as that of the husband. The English courts do not recog nise the authority of a foreign tribunal, so far as regards the consequences in England, to divorce English subjects married under English law, unless the parties were bond fide domiciled within the jurisdiction of the tribunal at the time the divorce was decreed, and there was no collusion. By the parties merely staying within that jurisdiction for such a time as would render them amenable to the foreign tribunal, for the sole purpose of founding a jurisdic tion, a bond .ficle domicile would not be acquired. The English courts recog nise as valid the decree of a competent Christian tribunal dissolving a marriage ,between a domiciled native in the country where the tribunal has prisdiction, and an Englishwoman, when the divorce has not been obtained through collusion or fraud. And this would be so, even if the marriage had been solemnised in England, and had been dissolted for a cause which would not have been sufficient to obtain a divorce in England.
Wills and Succession.—In respect of realty, or immovables, it follows from the rule that this class of property is governed by the law of the place' in which it is situate, that a will in order to pass real estate, and na order that the deceased shall not be regarded by the English law as having died intestate in respect thereof, must comply with the requirements of the local law, and be executed in accordance therewith. As to movable property, it is sufficient if the 1% ill is in accordance with the law of the place in which the testator is domiciled at the time of its execution. And a subsequent change of domicile will not require the execution of a new will. AVith regard to wills of movables, the Wills Act, 1861, should be referred to ; this is set out in the article on WILLS. In the case of an intestacy, the deceased's real estate will descend to his heirs in accordance with the law of England, or otherwise in accordance with the law of the place in which the property is situate. But the personal estate will pass to those persons si ho are entitled to it recording to the law of the place of domicile of the deceased.
Generally.—Crimes are local ; accordingly no country has any regard to crimes committed outside its jurisdiction. But this doctrine of the "extra territoriality" of crime is, in England, excluded in cases of murder, man slaughter, bigamy, offences committed on a British ship on the high seas or even in foreign territorial waters, and offences committa d in any ship in British territorial waters. Though ships are movables, they are vet con sidered, for many purposes, as a part of British territory 1% hen on the high seas. &e MARRIAGE.