Adoption might confer a twofold citizenship, that of the natural and that of the adoptive father ; 1. 7, C. 8, 48 ; but the latter was lost by emancipation ; L. 16, D. 50, 1. In general, the birthplace of the father alone fixed the forum originis of the son. Aniaya, Com. ad Tit. Cod. de incolis, n. 21, seq. 99. The forum originis was unchangeable, and con tinued although the party had established his dom icil In another place: consequently, he could al ways be sued in the courts of that jurisdiction whenever he was there present ; 6 Clack, Pand. p. 260.
Forum donvic414. The place of the domicil exer cised the greatest influence over the rights of the party.- (See Dozarcm.) In general, one was subject to the laws and courts of his domicil alone, unless specially privileged. L. 29, D. 50, 1. This legal status, forum domicilii, was universal, In the sense that all suits of whatever nature, real or personal, petitory or possessory, might be instituted in the courts of the defendant's domicil even when the thing in dispute was not situated within the juris diction of such court, and the defendant was not present at such place at the commencement of the suit ; 6 Gliick, Pand. 287 et seq. It seems, how ever, that as regarded real actions the forum dom icilii concurrent with the forum rei sitce; id. 290, and, In general, was concurrent with special jurisdictions of all kinds; although in some excep tional eases the law conferred exclusive cognizance upon a special jurisdiction, forum speciale. In cas es of concurrence the plaintiff bad his election of the juriadiction.
In another sense the forum domicili4 was per sonal, as it did not necessarily descend to the heir of defendant. See jurisdiction ex persona alterius, at the end of this article.
Forum specials, particular jurisdiction. These were very numerous. The more important are: (1.) Forum continentice causarum. Sometimes two or more actions or disputed questions are so con nected that they cannot advantageously be tried separately, although in strictness they belong to different jurisdictions. In such cases the modern civil law permits them to be determined in a single court, although such court would be incompetent 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 Gliick, Pand. § 750, and cases there cited.
(2.) Forum contractus, the court having cognizance of the action on a contract. If the place of per formance was ascertained by the contract, the court of that place had exclusive jurisdiction of actions founded thereon ; 6 Gliick, 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 com mitted, or that of the place where the criminal was arrested. The latter jurisdiction, forum deprehen
sionis, 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 examination as well as the punishment should take place on the spot where the crime was committed; ff Gluck, Pand. § 517.
(4.) Forum rei sitce is the jurisdiction of the court of that place where is situated the thing which is the object of the action. Such court had jurisdic tion 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 actions 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.
Forum arresti is a jurisdiction unknown to the Roman law, but of frequent occurrence in the mod ern civil law. It is that over persons or things de tained by a judicial order, and corresponds in some degree to the attachment of our practice. Id. § 519. Forum goatee administrationis, the jurisdiction 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 pend ing in which such appointment was made, or within whose territorial limits the business of the adminis tration was transacted, had exclusive jurisdiction over all suits arising out of his acts or brought for the purpose of compelling him to account, or brought by him to recover compensation for his outlays ; L. 1, C. 3, 21; 6 Gliick, Pand. § 621. Privileged jurisdictions, forum privilegiatum. In general, the privileged jurisdiction of a person held the same rank as the forum domicil* and, like that, did not supplant the particular jurisdictions above named save in certain exceptional cases. The privilege 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 be was the plaintiff, the rule being, actor sequitur forum rei, the plain tiff must resort to the jurisdiction of the defendant. It was in general limited to personal actions ; all real actions brought against the defendant in the character of possessor or the thing in dispute fol lowed the forum speciale. The privilege 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 con flicted with the forum spec/ale, the former must yield ; 6 Glitch, rand. 339-341 To these rules some exceptions occur, which will be mentioned below.