« AnteriorContinuar »
id, the office of the judge of the proper county court 18- before such appointment can be made. Iowa Rev. rell Laws, 1860, 08 2341, 2342. ich 11. Kansan. Letters must be taken out in the
state ; and the balance, after payment of debts due iny citizens of the state, may be transmitted to tbe the foreign executor or administrator. Comp. Stat. c. art, 91, 08 214–218.
Kentucky. Executors and administrators spIn-pointed in other states may sue in Kentucky, "upon 3 18 filing with tbe clerk of the court, where the suit is m, brought, an authenticated copy of the certificate of ich probate, or orders granting letters of administra.
tion of said estate, given in such non-resident's red state." 1 Dig. Stat. 536; 2 Litt. Ky, 194; 3 id. i2. in Louisiana. Executors or administrators of other
states must take out letters of curatorship in this state. Exemplifications of wills and testaments are evidence. 4 Griffith, Law Reg. 683; 8 Mart. La. X, s. 586.
12, Maine, Letters of administration must be der taken from some court of probate in this state. bis Copies of wills which have been proved in a court de- of probate in any of the United States, or in a
court of probate of any other state or kingdom, with a copy of the probate thereof, under the seal
of the court where such wilis have been proved, ier may be filed and recorded in any probate court in ce, this state, which recording shall be of the salle
force as the recording and proving the original will. Rev. Stat. t. 9, c. 107, 20; 3 Mass. 514;
9 id. 337; 11 id. 256; I Pick. Mass. 80; 3 id. 128. ute, Maryland. Letters testamentary or of adminis.
distration granted out of Maryland have no effect in yrd this state, except only such letters issued in the
in District of Columbia ; and letters granted there auies tborize executors or administrators to claim and
sue in this state. Act of April, 1913, chap. 165. of By the act of 1839, chap. 41, when pon-resident or owners of any public or state of Maryland stocks.
or stocks of the city of Baltimore, or any other its corporation in this state, die, their executors or
administrators constituted under the authority of
the state, district, territory, or country where the ut deceased resided at his death, have the same power TO
as to such stocks as if they were appointed by d-authority of the state of Maryland. But before 2 they can transfer the stocks they must. during
three months, give notice in two newspapers, pub
lished in Baltimore, of the death of the testator or ed intestate, and of the “ amount and descriptiop of of the stock designed to be transferred." Adminis.
tration must be granted in this state, in order to he recover a debt due here to a decedent, or any of
bis property, with the exceptions abuve noticed. ap- 13. Jassachusetts. When any person shall die nd intestate in any other state or country, leaving eir estate to be administered within this state, ad. ng ministration thereof shall be granted by the judge em of probate of any county in which there is any reestate to be administered ; and the administration 38, which shall be first lawfully granted shall extend
to all the estate of the deceased within the state, cand shall exclude the jurisdiction of the probato d-court in every other county. Rev. Stat. c. 64. 6. he See 3 Mass. 514; 5 id. 67; 11 id. 256, 314; 1 Pick. to | Mass. 81. li. Michigan, Letters testamentary or letters of no administration granted out of the state are not of Ep- any validity in it. In order to collect the debts or
to obtain the property of a deceased person who
was not a resident of the state, it is requisite to is take out letters testamentary or letters of adminis
tration from a probate court of this state, witbia is. | whose jurisdiction the property lies, which letters
operate over all the state, and then sue in the name of, of the executor or administrator so appointed. Rev. e, Stat. 280. When the deceased leaves a will exein | cuted according to the laws of this state, and the
MERCUBIN adiniaistrators ap- there is no
con este sess, by virtue of such Do probate cu with Grigth, Law Reg. another state
and no qual peine Frecater and administrators tor elsewher 8462 as such, sue in South Caro- 'ecutor or all state oat letters in the state. 3 effects or del
to be within and intere og persoa or persons may must be a re ou a the estate of any in. tion and qua se ne on the United States, or terri- trator in
Pera or persons shall be en the doctrine are not in any court in this state, Virginia, as s futurs il administration had been Law Reg. 31 djena or period! by any court in
Wisconsin Frente Prorided, that such per. shall be apy ** produse a copy of tbe letters foreign couco
estbesticated in the manner out of this a mea preserved by the congress of the shall be appo Best salbaticating the records or may file ana alus one state in order to give in the count 1572 up other state; and that such may be real einntun had been granted in pur
Upon filio see herable to the laws of the state or pointment, e + Tia steh letters of administration may be lieen
Eige, lease, si fuerte er ereentors may prove the debts or leze
di stament of any deceased person, the same to at her teenselres the execution of said conditions a
ca in the United States, or in any ecutor or a amandy med person or persons shall be excepting in
che cuits in any coort in this state, provision is 12 me as if letters testamentary had 1 bin or ther hy any court within
LETTII 2 Fotoset. Provided, that such ex.
same is admitted to proof and record where he dies, that “when a testator or testatrix shall appoint any a certified transcript of the wilt and probate thereof person, residing out of this state, executor or ex. may be proved and recorded in any county in this ecutrix of his or her last will and testament, it state where the deceased bas property real or per- shall be the duty of the court of pleas and quarter sonal, and letters testamentary may issue thereon. sessions, before which the said will shall be offered Rev. Stat. 272, 273.
for probate, to cause the executor or executrix 14. Mississippi. Executors or administrators nained therein to enter into bond with good and in another state or territory cannot, as such, suo sufficient security for his or her faithful adininistranor be sued in this state. In order to recover & tion of the estate of the said testator or testatrix, debt due to a deceased person or his property, and for the distribution thereof in the manner prethere must be taken out in the state letters of ad scribed by law; the penalty of said bond shall bo ministration, or letters with the will annexed, as the double the supposed amount of the personal estate case may be. These may be taken out from the of the said testator or testatrix; and until the probate court of the county where the property is said executor or executrix shall enter into such situated, by a foreign as well as a local creditor, or bond, he or she shall have no power nor authority any person interested in the estate of the deceased, to intermeddle with the estate of the said testator if properly qualified in other respects. I Miss. 211. or testatrix, and the court of the county, in which
Missouri. Letters testamentary or of adminis- the testator or testatrix had his or her last usual tration granted in another state bave no validity place of residence, shall proceed to grant letters of in this; to maintain a suit, the executors or ad- administration with the will annexed, wbich shall ministrators must be appointed under the laws of continue in force until the said executor or executhis state. Rev. Code, % 2, p. 41.
trix shall enter into bond as aforesaid. Provided, New Hampshire. One who has obtained letters nevertheless, and it is hereby declared, that the said of administration, Adams, Rep. 193, or letters testa- executor or executrix shall enter into bond, as by mentary under the authority of another state, can- this act directed, within the space of one year after not maintain an action in New Hampshire by the death of the said testator or testatrix, and not virtue of such letters. 3 Griffith, Law Reg. 41. afterwards."
15. New Jersey. Executors having letters testa- 17. Ohio. Executors and administrators apmentary, and adininistrators letters of administra- pointed under the authority of another state may, tion, granted in another state, cannot sue thereon by virtue of such appointment, sue in this. Ohio in New Jersey, but must obtain such letters in that Stat. vol. 38, p. 146; Act of March 23, 1840, which state as the law preseribes. By the act of March went into effect the first day of November follow6, 1828, Harr. Comp. 195, when a will has been ad-ing; Swan's Coll. 184. mitted to probate in any state or territory of the Oregon. Letters testamentary, or of administraUnited States, or foreign nation, the surrogate of tion, shall not be granted to a non-resident; and any county of this state is authorized, on applica- when an executor or administrator shall become tion of the executor or any person interested, on non-resident, the probate court having juriądiction filing a duly exemplified copy of the will, to appoint of the estate of the testator or intestate of such a time not less than thirty days and not more than executor or administrator shall revoke his letters. six months distant, of which notice is to be given Oreg. Stat. 1855, 352. as he shall direct, and if, at such time, no sufficient 18. Pennsylvania. Letters testamentary or of reason be shown to the contrary, to admit such will administration, or otherwise purporting to authorto probate, and grant letters testamentary or of ize any person to intermeddle with the estate of a administration cum testamento annexo, which shall decedent, granted out of the commonwealth, do bave the same effect as though the original will not in general confer on any such person any of had been produced and proved under form. If the powers and authorities possessed by an executor the person to whom such letters testamentary or of or administrator under letters granted within the administration be granted is not a resident of this state. Act of March 15, 1832, s. 6. But by the state, he is required to give security for the faithful act of April 14, 1835, s. 3, this rule is declared not administration of the estate. By the statute passed to apply to any public debt or loan of this comFebruary 28, 1838, Elmer, Dig. 602, no instrument monwealth ; but such public debt or loan shall pass of writing can be admitted to probate under the and be transferable, and the dividends thereon acpreceding act unless it be signed and published by crued and to accrue be receivable, in like manner the testator as bis will. See Saxt. Ch. N. J. 332. and in all respects and under the same and no other
Nero York. An executor or administrator ap- regulations, powers, and authorities as were used pointed in another state has no authority to sue in and practised before the passage of the above-menNew York. 1 Johns, Ch. N. Y. 153; 6 id. 353; 7 tioned act. And the act of June 16, 1836, s. 3, id. 45. Whenever an intestate, not being an in- | declares tbat the above act of March 15, 1832, s. 6, habitant of this state, shall die out of the state, shall not apply to shares of stock in any bank or leaving assets in several counties, or assets shall other incorporated company within this commonafter his death come in several counties, the sur- wealth, but such shares of stock shall pass and be rogate of any county in which assets shall be shall transferable, and the dividends thereon accrued and have power to grant letters of administration on to accrue be receivable, in like manner in all rethe estate of such intestate; but the surrogate who spects, and under the same regulations, powers, and shall first grant letters of administration on such authorities, as were used and practised with the estate shall be deemed thereby to have acquired loans or public debts of the United States, and sole and exclusive jurisdiction over such estate, and were used and practised with the loans or public shall be vested with the powers incidental thereto. debt of this commonwealth, before the passage of Rev. Stat. p. 2, c. 6, tit. 2, art. 2, & 24; 1 R. L. the said act of March 15, 1832, s. 6, unless the by455, 2 3.
laws, rules, and regulations of any such bank or 16, North Carolina, It was decided by the corporation shall otherwise provide and declare. court of conference, then the highest tribunal in Executors and administrators who had been law. North Carolina, that letters granted in Georgia fully appointed in some other of the United States were insufficient. Conf. Rop. 68. But the supreme might, by virtue of their letters duly authenticated court have since held that letters testamentary by the proper officer, have sued in this state. 4 granted in South Carolina were sufficient to enable Dall. Penn. 492; 1 Binn. Penn. 63. But letters an executor to sue in North Carolina. 1 Car. Law of administration granted by the archbishop of Rep. 471. See 1 Hayw. No. C. 354.
York, in England, give no authority to the admi. By the revised statutes, c. 46, ê 6, it is provided nistrator in Pennsylvania. 1 Dall. Penn. 456.
The act of
This term *** pro os shall produce a certified copy Loty malamentary coder the hand and most freques punto de court where the same were railroads, ca inde centinate by the chief justice, pre- such an und
daraag of such court that the construction spect is in due form, and that such let- posals will nowary bad been granted in pursuance thereupon a Treba n the laws of the state or terri- work to be pret seh letters testamentary were is made. E - 1939, Carr. & Nich. Comp. 18. LEVA Then vill bas been admitted to
In Civil 28 de [nited States or the terri. cfarsf any country ont of the limits
the ship. ents, and the esecutor or esecutors
thrown 9.2 san rü base qualified, and a copy of ening the pred the probate thereof has been filed average. En ny mart of this state, under the ut the fifth section of this act, and let.
LEV enantiea nith such will annexed bare cause to 22 13 293 ether person or persons than
of execu en therin named, upon the application be made Sirates or esecutors
, or any one of them, judgmer
za had be retoked, and letters testament- judgmer
te such appicant. Oldham & Under Hans Lans, art. 112
and collet ht. If the decreed person shall, at the in questi th, reside any other state or
the reme estate to be administered in this
Westm. Denia thereof shall be granted by the judg Per of the district in wbicb there shall
return th a stajnister; and the administration
of a lera inted shall extend to all the estate who tber Bened in this state, and shall exclude the
of the c 5 ( the probate ovart of every other dis- dens, to
the full aliausAuthenticated copies of wills,
UT e vering to the laws of any of the United
Tidd. P and any foreign country, relative to any Fincb, 1 animais, may be ofered for probate in | Send sorter, if the estate lie altogether in sa straty or corporation
, in the circuit
, lands 1 Serranea eart of such connty or cor. obtain in 1 & fich, Law Reg. 345. It is under-laguing
be stood to be the settled law of Virginia, though ap.' there is no statutory provision on the subject, that such no probate of a will or grant of administration in Reg. another state of the Union, or in a foreign country,
and do qualification of an executor or adıninistra. tor elsewhere than in Virginia, give any such ex
ecutor or adininistrator any right to demand the 3 effects or debts of the decedent which may happen
to be within the jurisdiction of the state. There may must be a regular probate or grant of administrai in- tion and qualitication of the executor or adminis. terri- trator in Virginia, according to her laws. And
en the doctrine prevails in the federal courts beld in atate, Virginia, as well as in the state courts. 3 Griffith, been Law Reg. 348. rt in Wisconsin, When an executor or administrator
per- shall be appointed in any other state, or in any tters foreign country, on the estate of any person dying anner out of this state, and no executor or administrator of the shall be appointed in this state, the foreign executor ds or may file an authenticated copy of his appointment
give in the county court of any county in which there such may be real estate of the deceased. pur- Upon filing such authenticated copy of his apate or pointment, such foreign executor or administrator ration may be licensed, by the same county court, to mort.
gage, lease, or sell real estate for the payment of ve the debts or legacies and charges of administration, in erson, the same manner and upon the same terms and of waid cooditions as are prescribed in the case of an exn any ecutor or administrator appointed in this state, all be excepting in the particulars in which a different
state, provision is made. Wisc. Rev. Stat. c. 94, 82 43, 44. ry had
LETTING OUT. In American Law. within h ex
The act of awarding a contract.
This term is much used in the United States, and d and most frequently in relation to contracts to construct Le were railroads, canals, or other mecbanical works. When ee, pre such an undertaking has reached the point of actual
at the construction, a notice is generally given that pro. ih let posals will be received until a certain period, and giance thereupon a letting out, or award of portions of the r terri. work to be performed according to the proposals,
were is made. See 35 Ala. n. s. 55. 18.
LEVANDÆ NAVIS CAUSA (Lat.), tted to In Civil Law. For the sake of lightening e terrilimits
the ship. See Leg. Rhod. de jactu. Goods ecutors
thrown overboard with this purpose of lightcopy of ening the ship are subjects of a general en filed average. der the
LEVARI FACIAS (Lat. that you und let d bave
cause to be levied). In Practice. A writ Ens than
of execution directing the sheriff to cause to lication
be made of the lands and chattels of the of them, judgment debtor the sum recovered by the tament- judgment. aham &
Under this writ the sheriff was to sell the goods
and collect the rents, issues, and profits of the land 1, at the in question. It has been generally superseded by
the remedy by elegil, which was given by statute in this Westm. 20 (13 Edw. I.), c. 18. In case, however, inted by the judgment debtor is a clerk, upon the sheriff's Lere shall
return that he has no lay fee, a writ in the nature istration
of a levari facias goes to the bishop of the diocese, he estate who thereupon sends a sequestration of the profils lude the of the clerk's benefice, directed to the church war. ther dis- dens, to collect and pay them to the plaintiff till
the full sum be raised. Yet the same course is pur. of wills, sued upon a fi
. fa. 2 Burn, Eccl. Law, 329. See 2 se l'nited Tida, Pract. 1042; Comyns, Dig. Erecution (c. 4); e to any Finch, Law, 471; 3 Sharawood, Blackst. Comm. 471. robate in
In American Law. A writ used to sell gether in e circuit,
lands mortgaged, after a judgment has been ty or cor obtained by the mortgagee, or his assignee, is under. I against the mortgagor, under a peculiar pro
seruments considered sealed For the effet
al: 3 Gill & J. Md. 234; 3 x.c. 202: 0 } 244, 45, 49; 8 How. 451; 9 Mo. ' plies to a suit
& F. Hou. pod imprisonment may be allowed & Ad. 413; le su thagh they are not by the C. C.371; 9 hi? East, 453; 2 Burr.
7. The ris et de F. Hou. L. 1; 1 Barnew. by the lex!
la chos. N. T. 346; 3 Mas. C. Y. 263. Le 8; 1 Pet. 317; 1 Wash. C.C. priorities of
remedy. 12 passer interest as effected by the $ 575. An ** ALT Of Laws. For the law perty acqui at departa , see DAMAGES.
respected by Dijodment and execution are 3 Hen & trained to the le fori. 3 Mas. C. Wheat, 301 - Cuan. 17; 14 Pet. 67. it in decides as to deprivation of evidence ar
ceeding authorized by statute. 3 Bouvier, constitution. 4 Cranch, 473, 474; Const, art. Inst. n. 3396.
3, s. 3. See Treason; Fries, Trial, Pamphl. LEVATO VELO (Lat.). An expression This is a technical term, borrowed from the used in the Roman law, Code, 11. 4. 5, and English law, and its meaning is the same as applied to the trial of wreck and salvage. it is when used in stat. 25 Ed. III. 4 Cranch, Commentators disagree about the origin of 471; U. S. rs. Fries, Pamphl. 167 ; Hall, Am. the expression; but
all agree that its general Law Jour. 351; Burr's Trial; 1 East, Pl. Cr. meaning is that these causes shall be heard 62–77; Alison, Crim. Law of Scotl. 606; 9 summarily. The most probable solution is Carr. & P. 129. that it refers to the place where causes were LEX (Lat.). The law. A law for the heard. A sail was spread before the door government of mankind in society. Among and officers employed to keep strangers from the ancient Romans this word was frequently the tribunal. When these causes were heard, used as synonymous with right, jus. When this sail was raised, and suitors came directly put absolutely, it means the Law of the to the court, and their causes were heard Twelve Tables. immediately. As applied to maritime courts,
LEX FALCIDIA. See FALCIDIAN Law. its meaning is that causes should be heard without delay. These causes require de- The law of the country, to the tribunal of
LEX FORI (Lat. the law of the forum). spatch, and a delay amounts practically to a which appeal is made. ' 5 Clark & F. Hou. denial of justice. Emerigon, Des Assurances, 1. 1. c. 26, sect. 3.
2. The forms of remedies, modes of proLEVIR. A husband's brother. Vicat, ceeding, and execution of judgments are to be Voc. Jur.
regulated solely and exclusively by the laws LEVITICAL DEGREES. Those de- of the place where the action is instituted. 8 grees of kindred, set forth in the eighteenth Clark & F. Hou. L. 121; 11 Mees. & W. chapter of Leviticus, within which persons Exch. 877; 10 Barnew. & C. 903; 5 La. 295 ; are prohibited to marry.
2 Rand. Va. 303; 6 Humphr. Tenn. 45; 2
Ga. 158; 13 N. H. 321 ; 24 Barb. N. Y. 68; LEVY. To raise. Webster, Dict. To 4 Zabr. N. J. 333; 9 Gill, Md. 1; 17 Penn. levy a nuisance, i.e. to raise or do a nuisance, St. 91 ; 18 Ala. n. s. 248; 4 McLean, C. C. 9 Coke, 55; to levy a fine, i.e. to raise or 540; 5 Hlow. 83 ; 11 Ind. 385; 33 Miss. 423. acknowledge a fine, 2 Sharswood, Blackst.
The lex fori is to decide who are proper Comm. 357; 1 Stephen, Comm. 236; to levy parties to a suit. 11 Ind. 485; 33 Miss. 423 ; a tax, i.e. to raise or collect a tax; to levy Merlin, Rep. Etrang. & II. ; Westlake, Priv. var, i.e. to raise or begin war, to take arms Int. Law, 121. Tenerally, all foreigners who for attack, 4 Sharswood, Blackst. Comm. 81; sue in their own , ame, including sovereigns, to levy an execution, i.e. to raise or levy so unless specially disabled, may sue. 2 Bligh, much money on execution. Reg. Orig. 298.
N. s. 51; 2 Sim. Ch. 94; 4 Russ. Ch. 225; In Practice. A seizure; the raising of i Dowl. & C. 169. Foreign corporations may the money for which an execution has been
sue, 8. Barnew. & C. 427; 9 Ves. Ch. 347; 4 issued.
Johns. Ch. N. Y. 370; 13 Pet. 519, and be In order to make a valid levy on personal sued, when they have property within the property, the sheriff must have it within his jurisdiction. 9°N. H. 394; 3 Metc. Mass. power and control, or at least within his 420 ; 16 Beav. Rolls, 287. siew; and if, having it so, he makes a levy
3. The assignee of a debt or chose in action upon it, it will be good if followed up after- other than a negotiable instrument may not wards within a reasonable time by his tak- sue in his own name, 6 Maule & S. 99; 6 ing possession in such manner
as to apprize Binn. Penn. 374; 7 Serg. & R. Penn. 483; 9 every body of the fact of its having been taken Mass. 357 ; 13 id. 146 ; 2 Johns. N. Y. 342 ; into execution. 3 Rawle, Penn. 405, 406; 5 Johns. Ch. N. Y. 60; 4 Conn. 312; 9 Am. 1 Whart. Penn. 377; 2 Serg. & R. Penn. 142; Jur. 42; 11 id. 101, whether a voluntary or 1 Wash. C. C. 29. The usual mode of making levy upon real estate is to describe the 4 Johns. Ch. N. Y. 450; 33 Miss. 423 ; 1
an involuntary assignee, 6 Maule & S. 126; land which has been seized under the execu- Curt. C. C. 168; but see 6 N. Y. 320; 4 Zabr. tion, by metes and bounds, as in a deed of N.J. 270 ; Conflict of Laws; nor a foreign conveyance. 3 Bouvier, Inst. n. 3391.
executor or administrator, by virtue of his It is a general rule that when a sufficient appointment by a foreign power. 24. Ga. levy has been made the officer cannot make 356; 15 Tex. 463 ; 1 Humphr. Tenn. 54; 10 a second.
12 Johns. N. Y. 208; 8 Cow. Cush. Mass. 172; 2 Jones, Eq. No.C. 276; 10 N. Y. 192.
Rich. So. C. 393; 3 Sneed, Tenn. 55; 7 Ind. LEVYING WAR. In Criminal Law. 211. But see 16 Ark. 28; 4 McLean, C. C. 4. The assembling of a body of men for the The authority of a guardian to sue is local, purpose of effecting by force a treasonable and restricted to the jurisdiction where olject; and all who perform any part, how- granted. 9 Rich. Eq. So. Č. 311. See 30 Ala. ever minute, or however remote from the N. s. 613; Letters T'ESTAMENTARY. scene of action, and who are leagued in the 4. The lex fori governs as to the nature, general conspiracy, are considered as engaged extent, and character of the remedy, 17 Conn. in levying war, within the meaning of the 500; 37 N. H. 86; 2 Pat. & H. Va. 144, as
12 La. Ali vinos debt is discharged by the law See EVIDE: 2 Date creating it, such discharge will
The lys searharge eterywhere. 5 East, forum til! Till W, Blackst. 258: 13 464; 40 M 1. Vart La. 297; 6 Rob. La. 15; 12 La. Al be 15; 1 Burk, 57,61; 1 Woolb. Y. 33.); al
13: Wend. W. 1.57; á Bion. 'J. M. ON Johns. N. 9. 233; 7 Johns. CATION. 13:6 Me. 26. It must be a LEXI ex in the delit, and not an exemp.. This ma was de eent of particular means of actus ithe wing the remals. 5 Binn, Penn. 381;' tract or 11.345:10 id. 300; 8 Barnew. (the law Odk. (h. 233; 2. II. Blackst. ated ; le
:ll Mart. La. 130; 15 Mass. of domniei
| Inger pory pinstitution of the lnited States, for lex lun
si are of the various states which 1. Ce sa facharge the delt are, at most, applying imar efat valt as against their own or acts
Le between their own citizens and the law
are the claims of the latter have or doing a pared, ther only work a destruc- mine its ao se nads, 5 Mas. C.C. 375; 4 Cunn. ' rights a P0; 12 Wheat. 213, 358, 369; touchin i te. 194; 3 1992, 299; at least, if tication per garisan requiring performance and als e shere the discharge is obtained. of the w: 13 Mass. 18, 31; 7 Jobps. Ch. constru 1. II. 16: 1 South. N. J. 192; 4 duties :! Wism: 2 Blackf. Ind. 366. If legal r
ged, the nat work a discharge. it. 1 1.1.485; Wend, N. Y. 43; Hvu. I kot pr. 312; 5 id. 295, 299; 8 2.1.11 La g; 7 Cush. Mass, 45. See In- 2 Man
la of limitation affect the remedy Penn.
been the line fori will be the gov- & J.) per i livm, Parl. Cas. 116; 5 Clark 161; Ex L. 1-16; & id. 121, 140; 11 Monr. koma šs; 7 Ind. 91: 2 Paine, C. C. Fla. 4
9. Ste ! B. Monr. Kș.518; Stor. 2:15. But these statotes restrict the con porters and strangers alike. 10 el. 7? 1.18: Bingh. N. c. 202, 216; Come
f. 10. L. 1; 3 Johns. Ch. N. - Wad. N. Y. 415; 9 Mart. La. 526. hune
sealed For the effect of a discharge by statutes of where limitation, where thry are so drawn as to ons. X.: effect a discharge, in a foreign state, see Story, 4. & P. Conf. Laws, 25x2; 11 Wheat. 301; 2 Bingh. +; 3 N. c. 202; 6 Rob. La. 15. The restriction ap9 Mo.'plies to a suit on a foreign judgment. 5 Clark
& F. Hou. L. 1-21; 13 Pet. 312; 2 Bardew. allowed & Ad. 413; 4 Cow. N. Y. 52%, n. 10; 1 Gall.
by the, C. C. 371; 9 How. 407. 2 Burr. 7. The right of set-off is to be determined Barnew. by the lex fori. 2 N. II. 296; 3 Johos. N. Mas. C. Y. 203. Liens, implied hypothecations, and h. C. C.' priorities of claim generally, are matters of
remedy. 12 La. Ann. 289; Story, Conf. Laws, by the '575. A prescriptive title to personal prothe law perty acquired in a former domicil will be
| respected by the ler fori. 17 Ves. Ch. 88; tion are 3 llen. & M. Va. 57; 5 Cranch, 358; 11
Mas. C. Wheat. 361. But see Ambl. 113. -t. 67. Questions of the admissibility and effect of ation of evidence are to be determined by the lez fori.
12 La. Ann. 410; 2 Bradf. Surr. N. Y. 339. the law See EVIDENCE. arge will The lex loci is presumed to be that of the
5. East, I forum till the contrary is shown, 4 Iowa, 238; 13 464; 40 Me. 247; 6 X Y. 447; 13 Md. 392; la. 15 ; : 12 La. Ann. 073 ; 9 Gill, Md. 1; 3 Br. N. Woolb, Y. 333; and also the lex rei sita. Illarr. & 5 Binn. J. M. 687. See Foreign Laws; AUTHENTI7 Johns. CATION. cust be a LEX LOCI (Lat.). The law of the place. o exemp: This may be either lex loci contractus aut means of actus (the law of the place of making the coninn. 381; tract or of the thing done); lex loci rei sitee Barnew. (the law of the place where the thing is situBlackst. ated); lex loci domicilii (the law of the place 15 Mass. of domicil).
In general, however, lex loci is only used ed States, for lex loci contractus aut actus. tes which 1. Contracts. It is a general principle
at most, applying to contracts made, rights acquired, their own or arts done relative to personal property, that izens and the law of the place of making the contract, utter have or doing the act, is to govern it and detera destruc- mine its validity or invalidity, as well as the ; 4 Conn. rights of parties under it in all matters 3.58, 369 ; touching the inodes of execution and authenat least, if tication of the forin or instrument of contract; rformance, and also in relation to the use and meaning s obtained. of the language in which it is expressed, tho Johns. ('h. . construction and interpretation of it, the legal J. 192; 4, duties and obligations imposed by it, and the · 366. If legal rights and immunities acquired under discharge. it. 1 Bingh. N. c. 151, 159; 8 Clark & F.
N. Y. 43; llou. L. 121; 1 Pet. 317; 13 id. 378, 379; 95, 209; 812 X. II. 42; 5 id, 401; 13 id, 321; 6 Vt, 102; . See In- 2 Mass. 88, 89; 7 Cush, Mass. 30; 3 Conn.
253, 472; 17 id. 583; 22 Barb. N. Y. 118; 17 the remedy Penn. St. 91 ; 2 Harr. & J. Md. 193; 3 Gill be the gove' & J. Md. 234; 9 Gill, Md. l; 3 Der. No.C. ti; 5 Clark 101; 8 Mart. La. 95; 4 Ohio St.241; 14 B. 1. 140; 11 Monr. kv. 556; 19 Mo. 84; 22 id, 530; 4 aine, C. C. Fla. 404; 23 Miss. 42; 12 La. Ann. 607; 3 r. Ky. 518; Stor. C.C. 465 ; Ware, Dist. Ct. 402; Story, restrict the Contl. Laws, $ 212 et seq.; Bayley, Bills, 5th
alike. 10. ed. 78; Parsons, Notes and Bills; 2 Kent, :: 202, 216; Comm. Lect. 39. 118. Ch. x.
2. This principle, though general, does not, urt. La. 520. however, apply where the parties at the time