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such wills, in the places aforesaid, s of wills, shall be good and availagranting the lands devised, as well s and chattels bequeathed by such es of such will, and of the bill, anns, and decree, where proved in any ery, or copies of such wills and the f, where proved in any other court, as aforesaid, being transmitted to produced under the publie or comcourt or office where the probate is r the great seal of the kingdom, tion, or island, within which such except copies of such wills and proappear to be revoked), are declared record, and to be good evidence in w or equity in this state, to prove we made in such will; and such prored to be sufficient to enable execueir actions within any court within the same probates or letters testagranted here, and produced under of the registers' offices within this third section of the act, it is decopies of such wills and probates so given in evidence shall not be reourt to the persons producing them, corded in the office of the recorder here the same are given in evidence, of the party producing the same. Copies of all wills, and letters tesof administration, heretofore reublic office of record in the state, ified by the keeper of said records, d in evidence in all courts of record nd the probate of wills granted in nited States or of the territories foreign country or state, duly auà certified according to the laws of ritory, or of the foreign country or ch probate may have been granted, e received in evidence in all courts

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Letters testamentary must be taken and when the will is to be proved st be produced; administrators of st take out letters in Illinois, before ain an action in the courts of the Law Reg. 419.

xecutors and administrators apher state may maintain actions and l other acts coming within their within this state, upon producing pies of such letters and filing them f the court in which such suits are Rev. Code, c. 24, Feb. 17, 1838, Eministration of the estate of a dedent has been granted in accordws of the state or country where he time of his death, the person to en committed may, upon his applia qualifying himself in the same equired of other executors, be apcutor to administer upon the proceased in this state, unless another reviously been appointed in this

letters testamentary or of adminiser authority, conferring his power rutor, or an attested copy thereof, a copy of the will, if there be one, in before directed, must be filed in

the office of the judge of the proper county court before such appointment can be made. Iowa Rev. Laws, 1860, ¿¿ 2341, 2342.

11. Kansas. Letters must be taken out in the state; and the balance, after payment of debts due citizens of the state, may be transmitted to the foreign executor or administrator. Comp. Stat. c. 91, 33 214-218.

Kentucky. Executors and administrators appointed in other states may sue in Kentucky, "upon filing with the clerk of the court, where the suit is brought, an authenticated copy of the certificate of probate, or orders granting letters of administration of said estate, given in such non-resident's state." 1 Dig. Stat. 536; 2 Litt. Ky. 194; 3 id. 182.

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. N. s. 586.

12. Maine. Letters of administration must be taken from some court of probate in this state. Copies of wills which have been proved in a court 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 wills have been proved, may be filed and recorded in any probate court in this state, which recording shall be of the same 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; 1 Pick. Mass. 80; 3 id. 128.

Maryland. Letters testamentary or of administration granted out of Maryland have no effect in this state, except only such letters issued in the District of Columbia; and letters granted there authorize executors or administrators to claim and sue in this state. Aet of April, 1813, chap. 165. By the act of 1839, chap. 41, when non-resident owners of any public or state of Maryland stocks, or stocks of the city of Baltimore, or any other corporation in this state, die, their executors or administrators constituted under the authority of the state, district, territory, or country where the deceased resided at his death, have the same power as to such stocks as if they were appointed by authority of the state of Maryland. But before they can transfer the stocks they must, during three months, give notice in two newspapers, published in Baltimore, of the death of the testator or intestate, and of the "amount and description of the stock designed to be transferred." Adminis tration must be granted in this state, in order to recover a debt due here to a decedent, or any of his property, with the exceptions above noticed.

13. Massachusetts. When any person shall die intestate in any other state or country, leaving estate to be administered within this state, administration thereof shall be granted by the judge of probate of any county in which there is any estate to be administered; and the administration which shall be first lawfully granted shall extend to all the estate of the deceased within the state, and shall exclude the jurisdiction of the probate court in every other county. Rev. Stat. c. 64. 5. See 3 Mass. 514; 5 id. 67; 11 id. 256, 314; 1 Pick. Mass. 81.

Michigan. Letters testamentary or letters of administration granted out of the state are not of 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 take out letters testamentary or letters of administration from a probate court of this state, within whose jurisdiction the property lies, which letters operate over all the state, and then sue in the name of the executor or administrator so appointed. Rev. Stat. 280. When the deceased leaves a will executed according to the laws of this state, and the

same is admitted to proof and record where he dies, a certified transcript of the will and probate thereof may be proved and recorded in any county in this state where the deceased has property real or personal, and letters testamentary may issue thereon. Rev. Stat. 272, 273.

14. Mississippi. Executors or administrators in another state or territory cannot, as such, sue nor be sued in this state. In order to recover a debt due to a deceased person or his property, there must be taken out in the state letters of administration, or letters with the will annexed, as the case may be. These may be taken out from the probate court of the county where the property is situated, by a foreign as well as a local creditor, or any person interested in the estate of the deceased, 1 Miss. 211. if properly qualified in other respects. Missouri. Letters testamentary or of administration granted in another state have no validity in this; to maintain a suit, the executors or administrators must be appointed under the laws of this state. Rev. Code, 2, p. 41.

New Hampshire. One who has obtained letters of administration, Adams, Rep. 193, or letters testamentary under the authority of another state, cannot maintain an action in New Hampshire by virtue of such letters. 3 Griffith, Law Reg. 41.

15. New Jersey. Executors having letters testamentary, and administrators letters of administration, granted in another state, cannot sue thereon in New Jersey, but must obtain such letters in that state as the law prescribes. By the act of March 6, 1828, Harr. Comp. 195, when a will has been admitted to probate in any state or territory of the United States, or foreign nation, the surrogate of any county of this state is authorized, on application of the executor or any person interested, on filing a duly exemplified copy of the will, to appoint a time not less than thirty days and not more than six months distant, of which notice is to be given as he shall direct, and if, at such time, no sufficient reason be shown to the contrary, to admit such will to probate, and grant letters testamentary or of administration cum testamento annexo, which shall have the same effect as though the original will had been produced and proved under form. If the person to whom such letters testamentary or of administration be granted is not a resident of this state, he is required to give security for the faithful administration of the estate. By the statute passed February 28, 1833, Elmer, Dig. 602, no instrument of writing can be admitted to probate under the preceding act unless it be signed and published by the testator as his will. See Saxt. Ch. N. J. 332.

that "when a testator or testatrix shall appoint any person, residing out of this state, executor or executrix of his or her last will and testament, it shall be the duty of the court of pleas and quarter sessions, before which the said will shall be offered for probate, to cause the executor or executrix named therein to enter into bond with good and sufficient security for his or her faithful administration of the estate of the said testator or testatrix, and for the distribution thereof in the manner prescribed by law; the penalty of said bond shall be double the supposed amount of the personal estate of the said testator or testatrix; and until the said executor or executrix shall enter into such bond, he or she shall have no power nor authority to intermeddle with the estate of the said testator or testatrix, and the court of the county, in which the testator or testatrix had his or her last usual place of residence, shall proceed to grant letters of administration with the will annexed, which shall continue in force until the said executor or executrix shall enter into bond as aforesaid. Provided, nevertheless, and it is hereby declared, that the said executor or executrix shall enter into bond, as by this act directed, within the space of one year after the death of the said testator or testatrix, and not afterwards."

17. Ohio. Executors and administrators apOhio pointed under the authority of another state may, by virtue of such appointment, sue in this. Stat. vol. 38, p. 146; Act of March 23, 1840, which went into effect the first day of November following; Swan's Coll. 184.

Oregon. Letters testamentary, or of administration, shall not be granted to a non-resident; and when an executor or administrator shall become non-resident, the probate court having jurisdiction of the estate of the testator or intestate of such executor or administrator shall revoke his letters. Oreg. Stat. 1855, 352.

18. Pennsylvania. Letters testamentary or of administration, or otherwise purporting to authorize any person to intermeddle with the estate of a decedent, granted out of the commonwealth, do not in general confer on any such person any of the powers and authorities possessed by an executor or administrator under letters granted within the But by the state. Act of March 15, 1832, s. 6. act of April 14, 1835, s. 3, this rule is declared not to apply to any public debt or loan of this commonwealth; but such public debt or loan shall pass and be transferable, and the dividends thereon accrued and to accrue be receivable, in like manner and in all respects and under the same and no other regulations, powers, and authorities as were used and practised before the passage of the above-mentioned act. And the act of June 16, 1836, s. 3, declares that the above act of March 15, 1832, s. 6, shall not apply to shares of stock in any bank or other incorporated company within this commonwealth, but such shares of stock shall pass and be transferable, and the dividends thereon accrued and to accrue be receivable, in like manner in all respects, and under the same regulations, powers, and authorities, as were used and practised with the loans or public debts of the United States, and were used and practised with the loans or public debt of this commonwealth, before the passage of the said act of March 15, 1832, s. 6, unless the bylaws, rules, and regulations of any such bank or corporation shall otherwise provide and declare. Executors and administrators who had been lawfully appointed in some other of the United States might, by virtue of their letters duly authenticated by the proper officer, have sued in this state. 4 Dall. Penn. 492; 1 Binn. Penn. 63. But letters of administration granted by the archbishop of York, in England, give no authority to the admiBy the revised statutes, c. 46, 26, it is provided nistrator in Pennsylvania. 1 Dall. Penn. 456.

New York. An executor or administrator appointed in another state has no authority to sue in New York. 1 Johns. Ch. N. Y. 153; 6 id. 353; 7 id. 45. Whenever an intestate, not being an inhabitant of this state, shall die out of the state, leaving assets in several counties, or assets shall after his death come in several counties, the surrogate of any county in which assets shall be shall have power to grant letters of administration on the estate of such intestate; but the surrogate who shall first grant letters of administration on such estate shall be deemed thereby to have acquired sole and exclusive jurisdiction over such estate, and shall be vested with the powers incidental thereto. Rev. Stat. p. 2, c. 6, tit. 2, art. 2, 24; 1 R. L. 455, 23.

It was decided by the
16. North Carolina.
court of conference, then the highest tribunal in
North Carolina, that letters granted in Georgia
But the supreme
were insufficient. Conf. Rep. 68.
court have since held that letters testamentary
granted in South Carolina were sufficient to enable
an executor to sue in North Carolina. 1 Car. Law
Rep. 471. See 1 Hayw. No. C. 354.

And

and. It does not appear to be stood to be the settled law of Virginia, though executors and administrators ap- there is no statutory provision on the subject, that no probate of a will or grant of administration in er state may, by virtue of such e in this. 3 Griffith, Law Reg. another state of the Union, or in a foreign country, and no qualification of an executor or administra.Executors and administrators tor elsewhere than in Virginia, give any such exannot, as such, sue in South Caro-ecutor or administrator any right to demand the take out letters in the state. 3 effects or debts of the decedent which may happen to be within the jurisdiction of the state. There z. 848. here any person or persons may must be a regular probate or grant of administraration on the estate of any in- tion and qualification of the executor or adminis ne of the United States, or terri-trator in Virginia, according to her laws. h person or persons shall be en- the doctrine prevails in the federal courts held in te suits in any court in this state, Virginia, as well as in the state courts. 3 Griffith, ner as if administration had been Law Reg. 348. person or persons by any court in nessee. Provided, that such perhall produce a copy of the letters n, authenticated in the manner prescribed by the congress of the or authenticating the records or any one state in order to give any other state; and that such istration had been granted in purreeable to the laws of the state or ich such letters of administration ecutor or executors may prove the estament of any deceased person, or themselves the execution of said te in the United States, or in any f, such person or persons shall be ente suits in any court in this state, nner as if letters testamentary had him or them by any court within Ennessee. Provided, that such exThis term is much used in the United States, and trs shall produce a certified copy testamentary under the hand and most frequently in relation to contracts to construct railroads, canals, or other mechanical works. When k of the court where the same were certificate by the chief justice, pre- such an undertaking has reached the point of actual r chairman of such court that the construction, a notice is generally given that prote is in due form, and that such let-posals will be received until a certain period, and ry had been granted in pursuance thereupon a letting out, or award of portions of the le to the laws of the state or terri- work to be performed according to the proposals, such letters testamentary were is made. See 35 Ala. N. s. 55. of 1839, Carr. & Nich. Comp. 78. When a will has been admitted to of the United States or the terrior of any country out of the limits tates, and the executor or executors will have qualified, and a copy of of the probate thereof has been filed in any court of this state, under the he fifth section of this act, and let

Wisconsin. When an executor or administrator shall be appointed in any other state, or in any foreign country, on the estate of any person dying out of this state, and no executor or administrator shall be appointed in this state, the foreign executor may file an authenticated copy of his appointment in the county court of any county in which there may be real estate of the deceased.

stration with such will annexed have any other person or persons than therein named, upon the application tor or executors, or any one of them, all be revoked, and letters testamentsued to such applicant. Oldham & Laws, art. 712.

If the deceased person shall, at the leath, reside in any other state or ng estate to be administered in this stration thereof shall be granted by urt of the district in which there shall administer; and the administration ranted shall extend to all the estate =ed in this state, and shall exclude the of the probate court of every other disStat. tit. 12, c. 47, s. 2.

a. Authenticated copies of wills, ling to the laws of any of the United any foreign country, relative to any rginia, may be offered for probate in ourt; or, if the estate lie altogether in unty or corporation, in the circuit, rioration court of such county or corGriffith, Law Reg. 345. It is under

II.-3

Upon filing such authenticated copy of his appointment, such foreign executor or administrator may be licensed, by the same county court, to mortgage, lease, or sell real estate for the payment of debts or legacies and charges of administration, in the same manner and upon the same terms and conditions as are prescribed in the case of an executor or administrator appointed in this state, excepting in the particulars in which a different provision is made. Wisc. Rev. Stat. c. 94, ¿¿ 43, 44.

LETTING OUT. In American Law. The act of awarding a contract.

LEVANDÆ NAVIS CAUSA (Lat.). In Civil Law. For the sake of lightening the ship. See Leg. Rhod. de jactu. Goods thrown overboard with this purpose of lightening the ship are subjects of a general average.

LEVARI FACIAS (Lat. that you A writ cause to be levied). In Practice. of execution directing the sheriff to cause to be made of the lands and chattels of the judgment debtor the sum recovered by the judgment.

Under this writ the sheriff was to sell the goods and collect the rents, issues, and profits of the land in question. It has been generally superseded by the remedy by elegit, which was given by statute Westm. 2d (13 Edw. I.), c. 18. In case, however, the judgment debtor is a clerk, upon the sheriff's return that he has no lay fee, a writ in the nature of a levari facias goes to the bishop of the diocese, who thereupon sends a sequestration of the profits of the clerk's benefice, directed to the churchwardens, to collect and pay them to the plaintiff till the full sum be raised. Yet the same course is pursued upon a fi. fa. 2 Burn, Eccl. Law, 329. See 2 Tidd, Pract. 1042; Comyns, Dig. Execution (c. 4); Finch, Law, 471; 3 Sharswood, Blackst. Comm. 471.

In American Law. A writ used to sell lands mortgaged, after a judgment has been obtained by the mortgagee, or his assignee, against the mortgagor, under a peculiar pro

ceeding authorized by statute. 3 Bouvier, constitution. 4 Cranch, 473, 474; Const. art. Inst. n. 3396. 3, s. 3. See TREASON; Fries, Trial, Pamphl. This is a technical term, borrowed from the English law, and its meaning is the same as it is when used in stat. 25 Ed. III. 4 Cranch, 471; U. S. vs. Fries, Pamphl. 167; Hall, Am. Law Jour. 351; Burr's Trial; 1 East, Pl. Cr. 62-77; Alison, Crim. Law of Scotl. 606; 9 Carr. & P. 129.

LEVATO VELO (Lat.). An expression used in the Roman law, Code, 11. 4. 5, and applied to the trial of wreck and salvage. Commentators disagree about the origin of the expression; but all agree that its general meaning is that these causes shall be heard summarily. The most probable solution is that it refers to the place where causes were heard. A sail was spread before the door and officers employed to keep strangers from the tribunal. When these causes were heard, this sail was raised, and suitors came directly to the court, and their causes were heard immediately. As applied to maritime courts, its meaning is that causes should be heard without delay. These causes require despatch, and a delay amounts practically to a denial of justice. Emerigon, Des Assurances, c. 26, sect. 3.

LEVIR. A husband's brother. Vicat,

Voc. Jur.

LEVITICAL DEGREES. Those degrees of kindred, set forth in the eighteenth chapter of Leviticus, within which persons are prohibited to marry.

LEVY. To raise. Webster, Dict. To levy a nuisance, i.e. to raise or do a nuisance, 9 Čoke, 55; to levy a fine, i. e. to raise or acknowledge a fine, 2 Sharswood, Blackst. Comm. 357; 1 Stephen, Comm. 236; to levy a tax, i.e. to raise or collect a tax; to levy war, i.e. to raise or begin war, to take arms for attack, 4 Sharswood, Blackst. Comm. 81; to levy an execution, i.e. to raise or levy so much money on execution. Reg. Orig. 298. In Practice. A seizure; the raising of the money for which an execution has been issued.

In order to make a valid levy on personal property, the sheriff must have it within his power and control, or at least within his view; and if, having it so, he makes a levy upon it, it will be good if followed up afterwards within a reasonable time by his taking possession in such manner as to apprize everybody of the fact of its having been taken into execution. 3 Rawle, Penn. 405, 406; 1 Whart. Penn. 377; 2 Serg. & R. Penn. 142; 1 Wash. C. C. 29. The usual mode of making levy upon real estate is to describe the land which has been seized under the execution, by metes and bounds, as in a deed of conveyance. 3 Bouvier, Inst. n. 3391.

LEX (Lat.). The law. A law for the government of mankind in society. Among the ancient Romans this word was frequently used as synonymous with right, jus. When put absolutely, it means the Law of the Twelve Tables.

LEX FALCIDIA. See FALCIDIAN LAW. The law of the country, to the tribunal of LEX FORI (Lat. the law of the forum). which appeal is made. 5 Clark & F. Hou. L. 1.

2. The forms of remedies, modes of proceeding, and execution of judgments are to be regulated solely and exclusively by the laws of the place where the action is instituted. 8 Clark & F. Hou. L. 121; 11 Mees. & W. Exch. 877; 10 Barnew. & C. 903; 5 La. 295; 2 Rand. Va. 303; 6 Humphr. Tenn. 45; 2 Ga. 158; 13 N. H. 321; 24 Barb. N. Y. 68; 4 Zabr. N. J. 333; 9 Gill, Md. 1; 17 Penn. St. 91; 18 Ala. N. s. 248; 4 McLean, C. C. 540; 5 How. 83; 11 Ind. 385; 33 Miss. 423.

The lex fori is to decide who are proper parties to a suit. 11 Ind. 485; 33 Miss. 423; Merlin, Rep. Etrang. II.; Westlake, Priv. Int. Law, 121. Generally, all foreigners who sue in their own. ame, including sovereigns, unless specially disabled, may sue. 2 Bligh, N. s. 51; 2 Sim. Ch. 94; 4 Russ. Ch. 225; 1 Dowl. & C. 169. Foreign corporations may sue, 8. Barnew. & C. 427; 9 Ves. Ch. 347; 4 Johns. Ch. N. Y. 370; 13 Pet. 519, and be sued, when they have property within the jurisdiction. 9 N. H. 394; 3 Metc. Mass. 420; 16 Beav. Rolls, 287.

3. The assignee of a debt or chose in action other than a negotiable instrument may not sue in his own name, 6 Maule & S. 99; 6 Binn. Penn. 374; 7 Serg. & R. Penn. 483; 9 Mass. 357; 13 id. 146; 2 Johns. N. Y. 342; 5 Johns. Ch. N. Y. 60; 4 Conn. 312; 9 Am. Jur. 42; 11 id. 101, whether a voluntary or an involuntary assignee, 6 Maule & S. 126; 4 Johns. Ch. N. Y. 450; 33 Miss. 423; 1 Curt. C. C. 168; but see 6 N. Y. 320; 4 Zabr. N. J. 270; CONFLICT OF LAWS; nor a foreign executor or administrator, by virtue of his appointment by a foreign power. 24 Ga. 356; 15 Tex. 463; 1 Humphr. Tenn. 54; 10 Cush. Mass. 172; 2 Jones, Eq. No. C. 276; 10 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 object; 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 TESTAMENTARY. scene of action, and who are leagued in the general conspiracy, are considered as engaged in levying war, within the meaning of the

It is a general rule that when a sufficient levy has been made the officer cannot make a second. 12 Johns. N. Y. 208; 8 Cow.

N. Y. 192.

4. The lex fori governs as to the nature, extent, and character of the remedy, 17 Conn. 500; 37 N. H. 86; 2 Pat. & H. Va. 144, as

nstruments considered sealed but not in the country where 4 Cow. N. Y. 508; 5 Johns. N. aines, N. Y. 362; 1 Bos. & P. 361; 3 Gill & J. Md. 234; 3 id. 47, 49; 8 How. 451; 9 Mo. imprisonment may be allowed ri, though they are not by the ractus. 2 East, 453; 2 Burr. k & F. Hou. L. 1; 1 Barnew. 14 Johns. N. Y. 346; 3 Mas. C. 378; 1 Pet. 317; 1 Wash. C. C.

at. 1.

w of interest as effected by the CONFLICT OF LAWS. For the law damages, see DAMAGES.

of judgment and execution are ined by the lex fori. 3 Mas. C. 378; 4 Conn. 47; 14 Pet. 67. ori decides as to deprivation of

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For the effect of a discharge by statutes of limitation, where they are so drawn as to effect a discharge, in a foreign state, see Story, Conf. Laws, 582; 11 Wheat. 361; 2 Bingh. N. c. 202; 6 Rob. La. 15. The restriction applies to a suit on a foreign judgment. 5 Clark & F. Hou. L. 1-21; 13 Pet. 312; 2 Barnew. & Ad. 413; 4 Cow. N. Y. 528, n. 10; 1 Gall. C. C. 371; 9 How. 407.

7. The right of set-off is to be determined by the lex fori. 2 N. H. 296; 3 Johns. N. Y. 263. Liens, implied hypothecations, and priorities of claim generally, are matters of remedy. 12 La. Ann. 289; Story, Confl. Laws,

575. A prescriptive title to personal property acquired in a former domicil will be respected by the lex fori. 17 Ves. Ch. 88; 3 Hen. & M. Va. 57; 5 Cranch, 358; 11 Wheat. 361. But see Ambl. 113.

Questions of the admissibility and effect of evidence are to be determined by the lex fori, 12 La. Ann. 410; 2 Bradf. Surr. N. Y. 339. See EVIDENCE.

1 Harr. &

a debt is discharged by the law creating it, such discharge will The lex loci is presumed to be that of the discharge everywhere. 5 East, forum till the contrary is shown, 4 Iowa, eat. 360; 1 W. Blackst. 258; 13 464; 40 Me. 247; 6 N. Y. 447; 13 Md. 392; Mart. La. 297; 6 Rob. La. 15; | 12 La. Ann. 673; 9 Gill, Md. 1; 3 Bosw. N. . 15; 1 Buck, 57, 61; 1 Woodb. ¦ Y. 333; and also the lex rei sitæ. 115; 23 Wend. N. Y. 87; 5 Binn. J. Md. 687. See FOREIGN LAWS; AUTHENTI15 Johns. N. Y. 233; 7 Johns. | CATION. 297; 16 Me. 206. It must be a om the debt, and not an exemphe effect of particular means of e remedy. 5 Binn. Penn. 381; . Y. 346; 10 id. 300; 8 Barnew. 1 Atk. Ch. 255; 2 H. Blackst. 367; 11 Mart. La. 730; 15 Mass. . C. C. 378.

- constitution of the United States,
t laws of the various states which
lischarge the debt are, at most,
t effect only as against their own
between their own citizens and
here the claims of the latter have
oved, they only work a destruc-
medy, 5 Mas. C. C. 375; 4 Conn.
67; 12 Wheat. 213, 358, 369;
s. 194; 3 Iowa, 299; at least, if
provision requiring performance
where the discharge is obtained.
; 13 Mass. 18, 20; 7 Johns. Ch.
se, Ill. 16; 1 South. N. J. 192; 4,
1. 509; 2 Blackf. Ind. 366. If
oved, they may work a discharge.
N. Y. 435; 26 Wend. N. Y. 43;
2 How. 202; 5 id. 295, 299; 8
129; 7 Cush. Mass. 45. See Ix-

es of limitation affect the remedy
ence the lex fori will be the gov
6 Dow, Parl. Cas. 116; 5 Clark
L. 1-16; 8 id, 121, 140; 11
36; 7 Ind. 91; 2 Paine, C. C.;
362. See 9 B. Monr. Ky. 518;
-. But these statutes restrict the
itizens and strangers alike. 10
C. 903; 2 Bingh. N. c. 202, 216;
F. Hou. L. 1: 3 Johns. Ch. N.
end. N. Y. 475; 9 Mart. La. 526.

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LEX LOCI (Lat.). The law of the place. This may be either lex loci contractus aut actus (the law of the place of making the contract or of the thing done); lex loci rei sitæ (the law of the place where the thing is situated); lex loci domicilii (the law of the place of domicil).

In general, however, lex loci is only used for lex loci contractus aut actus.

1. CONTRACTS. It is a general principle applying to contracts made, rights acquired, or acts done relative to personal property, that the law of the place of making the contract, or doing the act, is to govern it and determine its validity or invalidity, as well as the rights of parties under it in all matters touching the modes of execution and authentication of the form or instrument of contract; and also in relation to the use and meaning of the language in which it is expressed, the construction and interpretation of it, the legal duties and obligations imposed by it, and the legal rights and immunities acquired under it. 1 Bingh. N. c. 151, 159; 8 Clark & F. Hou, L. 121; 1 Pet. 317; 13 id. 378, 379; 2 N. H. 42; 5 id. 401; 13 id. 321; 6 Vt. 102; 2 Mass, 88, 89; 7 Cush. Mass. 30; 3 Conn. 253, 472; 14 id. 583; 22 Barb. N. Y. 118; 17 Penn. St. 91; 2 Harr, & J. Md. 193; 3 Gill & J. Md. 234; 9 Gill, Md. 1; 3 Dev. No, C. 161; 8 Mart. La. 95; 4 Ohio St. 241; 14 B. Monr. Ky. 556; 19 Mo. 84; 22 id. 550; 4 Fla. 404; 23 Miss. 42; 12 La. Ann. 607; 3 Stor. C. C. 465; Ware, Dist. Ct. 402; Story, Confl. Laws, 242 et seq.; Bayley, Bills, 5th ed. 78; Parsons, Notes and Bills; 2 Kent, Comm. Lect. 39.

2. This principle, though general, does not, however, apply where the parties at the time

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