There are many classes of persons who are privi leged in respect to jurisdiction under the modern civil law who were not so privileged by the Roman law. Such are officers of the court of the sovereign, including ministers of state and councillors, ambas sadors, noblemen, etc. These do not require extend ed notice.
Jurisdiction ex persona alterius. A person might be entitled to be sued in a particular court on grounds depending upon the person of another. Such were-1. The Wife, who, if the marriage had been legally contracted, acquired the forum of her husband ; 1. 65, D. 6, 1 ; 1. ult. D. 50, 1 ; 1. 19, D. 2, 1; and retained it until her second marriage ; I. 22, § 1, D. 50, 1; or change of domicil ; § 93, Voet. Com. ad Pand. D. 5, 1. 2. Servants, who possessed the ju risdiction of their master as regarded the forum domicilii, and also the forum privilegiatum, so far at least as the privilege was that of the class to which such master belonged and was not purely personal, Gliick, Pand. § 510 b. 3. The hceres, who in many cases retained the jurisdiction of his tes tator. When sued in the character of heir in re spect to causes of action upon which suit had been commenced before the testator's death, he must sub mit to the forum which had acquired cognizance of the suit ; LI. 30, 34, D. 6, 1. When the cause of ac
tion accrued, but the action was not commenced, in the lifetime of the testator, the heir must submit to special jurisdictions to which the testator would have been subjected, as the forum contractus or gestce administration's, especially if personally present or possessing property within such juris diction ; L. 19, D. 5, 1. But it is even now disputed whether in such case he was bound to submit to the general jurisdiction, forum domicilii, or the privi leged jurisdiction, forum privilegiatum, of his tes tator ; though the weight of the authorities is on the side of the negative ; Glfick, Pand. § 560 b. If the cause of action arose after the death of the testator, as in the case of the querela inornziosi testamenti, of partition, of suits to recover a legacy or to enforce a testamentary trust, the heir must be pursued in his own jurisdiction, 3. e., the forum domicilii or forum rei sitar; 6 Gliick, Pand. 252, and authorities there cited. And, a fortiori, if the action against the heir was not in that character, but merely in the capacity of possessor of the thing in dispute, the suit must be brought before the forum to which he was himself subject ; id. p. 251.