TORTS. Damages for the commission of a tortious act are to be measured by the law of the place where the act is done. 1 P. Will. 395 ; 1 Pet. C. C. 225 ; Story, Confl. Laws, 0 307.
Marriage, if valid where contracted, is valid everywhere, unless where it works some mani fest injustice, is contra bonos mores, or repug nant to the settled principles and policy of the laws of the country where it is sought to be enforced.
This is understood to be the doctrine in England, Buller, Nisi P. 114 ; 2 Hagg. Cons. 444, and note ; I Ves. Ch. 159 ; 3 Stark. 178 9 Bligh, Hou. L. 129 ; 29 Am. Law Jour. '97 ; 23 Bost. Law Reri. 741 ; even though the parties may have left their domi cil for the purpose of evading the statute.
The exceptions to the validit): of a foreign marriage are understood to be, Pi, the United States, such as are regarded by all Christian nations as contra bonos morts, as naturally incestuous, polygamous, and the like, 16 Mass. 157; Pick Mass. 596 ; 8 id. 433 ; 10 Metc. 451 ; 1 Yerg. Tenn. 110 ; 2 Ired. No.
C. 346 ; 5 Hnmphr. Tenn. 13 ; 8 Ala. N. s. 48 ; 3 A. K. Marsh. Ky. 368; 10 Watts, Penn. 168 ; 2 Blatchf. C. C. 51 ; 2 Gilm. Va. 322 , 5 J. J. Marsh. Ky. 460 ; 4 Johns. Ch. 343 , 2 Parsons, Contr. 107 ; while marriages valid by the lex loci are sustained, even though incestuous in the lex fori, by statute provi sions. 10 Metc. Mass. 451.
In New Hampshire, the exceptions are ad mitted as fully as in England. 21 N. H. 55.
The prevalent American doctrine is that a marriage valid in the state where con tracted is good everywhere, even if prohibited by the lex fori or domicilii. But this is otherwise by statute in some states, and de cisions in others. Mass. Gen. Stat. 529.
12. As laid down in a recent decision, the English law is that the lex loct, without regard to any question of fraudulent evasion, governs only as to formalities, but if in its essentials the marriage violates the lex donticilii, it is void. 23 Bost. Law Rep. 741. In this de cision, the distinction taken in the Massachu setts cases is denied. See, also,Vaugh. 302 ; 11 Q. B. 205 ; 4 Johns. Ch. N. Y. 343 ; 21 N. H. 55. This decision puts marriages on the same footing with other contracts, except in the matter of avoiding formalities by Scotch marriages. This law is certainly open to the objection of respecting the form more highly than the substance of marriage.
The formalities to be observed are those of the lex loci, if any mode available by the par ties is provided by that law. 1 Ves. 157 ; 10 East, 282 ; 6 How. 550; Bishop, Marr. & D. / 138.
13. If no mode is provided, the formalities of the kx domicilii of both parties may be observed. Bishop, Marr. & D. / 134 ; 1 Sim. Ch. 361 ; Rogers, Eccl. Law, 652 ; Waddi love, Dig. 238 ; 11 Clark & F. Hou. L. 85, 152.
But the lex domkilii governs as to the rights, duties, and obligations arising under a marriage. 5 Barnew. & C. 438.
A marriage invalid where contracted is not necessarily so elsewhere. 2 Hagg. Cons. 389, 390, 423.
Obtaining divorces is governed by the law of the domicil. See Domicil..
The law of all acts relating to real property is governed by the lex rei sike. Taking a mortgage as security does not, however, divest the lex loci of its force. See Lax REI