In another sense the forum domicilii was personal, as it did not necessarily descend the heir of defendant. See jurisdiction ex persona alterius, at the end of this article.
4. Forum speciale, particular jurisdiction. These were very numerous. The more im portant are: (1.) Forum eoniinenticeeau8arum. Sometimes two or more actions or dispiited questions are so connected that they cannot advantageously be tried separately, although in strictness they belong to different jurisdic tions. In such cases the modern civil law permits them to be determined in a single court, although such court would be incom petent in regard to a portion of them taken singly. This beneficial rule did not exist in the Roman law, though formerly supposed to be derived thence. See 11 GRick, Pand. 750, and cases there cited. (2.) Forum contractus, the court having cogniiance of the action on a contract. If the place of performance was ascertained by the contract, the court of that place had exclusive jurisdiction of actions founded thereo'n. 6 Cillick, Pand. 296. If the place of performance was uncertain, the court of the place where the contract was made might have jurisdiction, provided the defendant at the time of the institution of the suit was either present at that place or had attachable property there. Id. 298.
(3.) Forum delicti,forum deprehensionis, is the jurisdiction of the person of a criminal, and may be the court of the place where the offence was committed, or that of the place where the criminal was arrested.•The latter jurisdiction, forum deprehensionis, extended at most only to the preliminary examination of the person arrested ; and even this was abolished by Justinian, Nov. lxix. c. 1, cxxxiv. c. 5, on the ground that the ex amination as well as the punishment should take place on the spot where the crime was committed. 6 Gltick, Pand. 517.
5. (4.) Forum rei slice is the jurisdiction of the court of that place where is situated the thing which is the object of the action.
Such court had jurisdiction over all actions affecting the possession of the thing, and over all petitory actions in rem against the possessor in that character, and all such ac tions in personam so far as they were brought for the recovery of the thing itself. But such
court had not jurisdiction of purely personal actions. Id, 519.
5. Forum arresti is a jurisdiction unknown to the Roman law, but of frequent occurrence in the modern civil law. It is that over per sons or things detained by a judicial order, and corresponds in some degree to the attach ment of our practice. Id. 519.
Forum geske administrationis, the jurisdic tion over the accounts and administration of guardians, agents, and all persons appointed to-manage the affairs of 'third parties. The court which appointed such administrator, or wherein the cause was pending in which such appointment was made, or within whose territorial limits the business of the adminis tration was transacted, had exclusive juris diction over all suits artiing out of his acts or brought for the purpose of compelling him to account, or brought by him to recover com pensation for his outlays. L. 1, C. 3, 21; 6 thick, Pand. 521.
6. Privileged jurisdictions, forum pri vilegiatum. In general, the privileged juris diction of a person held the same rank as the forum domicilii, and, like that, did not sup plant the particular jurisdictions above named save in certain exceptional cases. The pri vilege was general in its nature, and applied to all cases not_specially excepted, but it only arose when the person possessing it was sued by another; for he could not assert it when he was the plaintiff, the rule being, actor sequitur forum rei, the plaintiff must resort to the jurisdiction of the defendant. It was in general limited tu , personul actions; -all real actions brought against the defendant in the character of possessor of the thing in dis pute followed the forum speriale. The pri vilege embraced the wife of the privileged person and his children so long as they were under his potestas. And, lastly, when a forum privilegiatum purely personal conflicted with the forum, speciale, the former must yield, 6 Gluck, Pand. 339-341. To these rules some exceptions occur, which will be mentioned below.