A treatise on private international law: or the conflict of laws, with principal reference to its practice in the English and other cognate systems of jurisprudence

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W. Maxwell, 1858 - Conflict of laws - 407 pages
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Page 136 - But this must be understood with very many and very great restrictions. Such colonists carry with them only so much of the English law as is applicable to their own situation and the condition of an infant colony; such for instance as the general rules of inheritance and of protection from personal injuries.
Page 245 - It is a clear proposition, not only of the law of England, but of every country in the world where law has the semblance of science, that personal property has no locality. The meaning of that is, not that personal property has no visible locality, but that it is subject to that law which governs the person of the owner...
Page 363 - ... copies or by copies authenticated as hereinafter mentioned ;. that is to say, if the document sought to be proved be a proclamation, treaty, or other Act of State, the authenticated copy to be admissible in evidence must purport to be sealed with the seal of the foreign state or British colony to which the original document belongs ; and if the document sought to be proved be a judgment, decree, order, or other judicial proceeding of any foreign or colonial court, or an affidavit, pleading, or...
Page 362 - Viet. c. 99. *. 2. enacts that, " On the trial of any issue joined, or of any matter or question, or on any inquiry arising in any suit, action, or other proceeding in any Court of justice, or before any person having by law, or by consent of parties, authority to hear, receive, and examine evidence...
Page 140 - Calcutta : provided that their inheritance, and succession to lands, rents and goods and all matters of contract and dealing between party and party...
Page 376 - The plea of res judicata applies, except in special cases, not only to the points upon which the court was actually required by the parties to form an opinion and pronounce a judgment, but to every point which properly belonged to the subject of litigation, and which the parties exercising reasonable diligence, might have brought forward at the time.
Page 136 - That if there be a new and uninhabited country found out by English subjects, as the law is the birthright of every subject, so, wherever they go, they carry their laws with them, and therefore such new found country is to be governed by the laws of England...
Page 136 - The artificial refinements and distinctions incident to the property of a great and commercial people, the laws of police and revenue (such especially as are enforced by penalties), the mode of maintenance for the established clergy, the jurisdiction of spiritual courts, and a multitude of other provisions, are neither necessary nor convenient for them, and therefore are not in force.
Page 242 - And on the other hand, where a payment by negotiable bills or notes is, by the lex loci, held to be conditional payment only, it will be so held even in states where such payment under the domestic law would be held absolute.
Page 140 - In order that regard should be had to the civil and religious usages of the said natives, the rights and authorities of fathers of families and masters of families according as the same might have been exercised by the Gentu or Mahomedan law, shall be preserved to them respectively, within their said families, nor shall any acts done in consequence of the rule and law of caste respecting the members of the said families only, be held and adjudged a crime, although the same may not be held justifiable...

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