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of entering into the contract had the law of C. C. 459 ; 13 Pet. 65, 78; 2 Johns. Cas. N. another kingdom in view, or where the lex loci Y. 355 ; 1 Nott & M'C. So. C. 173; 2 Harr. is in itself unjust

, contra bonos mores (against & J. Md. 193, 221, 225; 17 III. 328; 16 Tex. good morals), or contrary to the public law 344; 2 Burr. 1077; 7 Term, 237; 2 Kent, of the state, as regarding the interests of Comm. 458; Henry, Foreign Law, 37, 50; religion or morality, or the general well-being Story, Confil

. Laws, 8 243. of society. Ferguson, Marr. & D. 385; 2 An exception is said to exist in case of conBurr. 1077; 9 N. H. 271; 6 Pet. 172; 1 How. tracts made in violation of the revenue laws. 169; 5 id. 295; 8 Paige, Ch. N. Y. 261; 17 Cas. temp. Hardw. 85; 2 C. Rob. Adm. 6; 1 Johns. N. Y.511; 13 Mass. 23; 5 Clark & F. Dougl. 251; 1 Cowp. 341 ; 2 Crompt. M. & R. Hou. L. 11, 13; 8 id. 121; 6 Whart. 331; Exch. 311; 2 Kent, Comm. 458. 2 Metc. Mass. 8; 1 B. Monr. Ky. 32 ; 5 Ired. 6. A contract legal by the lex loci will be No. C. 590; 2 Kent, Comm. 458; Story, so everywhere, 13 La. Ann. 117; unless Confi. Laws, & 280. And where the place of It is injurious to public rights or morals, performance is different from the locus con- 3 Burr. 1568 ; Cowp. 37; 2 Carr. & P. 347; tractus, it is presumed the parties had the 4 Barnew. & Ald. 650; 1 Bos. & P. 340; 6 law of the former in mind. See { 10. Mass. 379; 2 Harr. & J. Md. 193; or contra

3. The validity or invalidity of a contract venes the policy. 2 Bingh. 314; 2 Sim. Ch. as affected by the lex loci may depend upon 194; 1 Turn. & R. 299; 1 Dowl. & C. 342; the capacity of the parties or the legality of 16 Johns. N. Y. 438 ; 5 Harr. Del. 31 ; 1 the act to be done.

Green, Ch. N. J. 326; 17 Ga. 253. In this The capacity of the parties as affected by connection, it is held generally that the claims questions of minority or majority, incapa- of citizens are to be preferred to those of cities incident to coverture, guardianship, foreigners in case of a conflict of rights. Asemancipation, and other personal qualities or signments, under the insolvent laws of a disabilities, is to be decided by the law of foreign state, are usually held inoperative as the place of making the contract. Story, against claims in the state in regard to perConfi. Laws, & 103; I Grant, Cas. Penn. 51. sonal property in the jurisdiction of the lex

The question of disability to make a con- fori. 1 Green, Ch. N. J. 326 ; 5 Harr. Del. tract on account of infancy is to be decided | 31; 32 Miss. 246; 13 La. Ann. 280; 21 Barb. by the lex loci. 3 Esp. 163, 597; 17 Mart. La. N. Y. 198; but see 12 Md. 54; 13 id. 392. 597; 8 Johns. N. Y. 189; 1 Grant, Cas. Penn. Or violates a positive law of the lex fori. The 51; 2 Kent, Comm, 233,

application of the lex loci is a matter of So, also, as to contracts made by married comity; and that law must, in all cases, yield

Al. 72; 8 Johns. N. Y. 189; 13 La. to the positive law of the place of seeking the 177; 5 East, 31; 2 Parsons, Contr. 84, 111. remedy. 13 Mass. 6; 18 Pick. Mass. 193 ;

4. Personal disqualifications not arising 1 Green, Ch. N. J. 326; 12 Barb. N. Y. 631; from the law of nature, but from positive 17 Miss. 247. See 10 N. Y. 53. law, and especially such as are penal, are 17. The interpretation of contracts is to be strictly territorial, and are not to be enforced governed by the law of the country where in any country other than that where they the contract was made. Dougl. 201, 207; 2 originate. Story, Confl. Laws, % 91, 92, 104, Barnew. & Ad. 746; 6 Term, 224; 1 Bingh. 620-625; 2 Kent, Comm. 459.

N. c. 151--159; 1 Barnew. & Ad. 284; 10 Slavery works no incapacity in those coun- Barnew. & C. 903 ; 2 Hagg. Cons. 60, 61; 8 tries or states where its existence is not recog- Pet. 361; 13 id. 378; 30 Ala. N. s. 253 ; 4 nized by positive law, and the lex loci con- McLean, C. C. 540 ; 2 Sharswood, Blackst. tractus is to determine capacity in this respect. Comm. 141; Story, Confil. Laws, % 270; 20 Howell, St. Trials, 1-15; Dowl. & R. 679; | Chitty, Bills, 474. Coke, Litt. 79 b; 17 Mart. La. 598; 9 Am. The lex loci governs as to the formalities Jur. 490; 4 Wash. C. C. 390; 7 Serg. & R. and authentication requisite to the valid exPenn. 378; Story, Conf. Laws, & 96 a. ecution of contracts. Story, Conf. Laws, &

Natural disabilities, such as insanity, im- 123, 260; 11 La. 14; 2 Hill, N. Y. 227; 37 becility, etc., are everywhere recognized, so N. H. 86; 30 Vt. 42. But in proving the that the question whether they are controlled existence of, and seeking remedies for, the by the lex loci or lex domicilii seems to be breach, as well as in alĩ questions relating theoretic rather than practical. On principle, to the competency of witnesses, course of prothere seems to be no good reason why they cedure, etc., the lex fori must govern. 11 should come under a different rule from the Ind. 385; 9 Gill, Md. 1; 17 Penn. St. 91; positive disabilities.

18 Ala. n. s. 248; 4 McLean, C. C. 540; 3 5. The legality or illegality of the contract id. 545; 5 How. 83; 6 Humphr. Tenn. 75; will be determined by the lex loci, unless it | 17 Conn. 500; 9 Mo. 56, 157; 4 Gilm. Va. affects injuriously the public morals or rights, 521 ; 26 Barb. N. Y. 177 ; Story, Confl. Laws, contravenes the policy or violates a public 28 567, 634. law of the country where it is sought to be 8. The lex loci governs as to the obligation enforced. 2 Kent, Comm. 458.

and construction of contracts, 11 Pick. Mass. A contract illegal by the law of the place | 32 ; 8 Vt. 325 ; 12 N. H. 520 ; 12 Wheat. of its making and performance will generally 213; 2 Keen, 293; 1 Bos. & P. 138; 12 be held so everywhere. 1 Gall. C. Č. 375; 2 Wend. N. Y. 439; 22 Barb. N. Y. 118; 13 Mass. 88, 89; Ž N. H. 42; 5 id. 401; 2 Mas. / Mart. La. 202; 14 B. Monr. Ky. 556; 15


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Miss. 798, unless, from their tenor, it must be No. C. 303; 3 Strobh. So. C. 27; I Gray, presumed they were entered into with a view Mass. 336. to the laws of some other state. 13 Mass. l. As between the place of making and the This presumption arises where the place of place of performance, where a place of perperformance is different from the place of formance is specified, the law of the place of making: 31 Eng. L. & Eq. 433 ; 17 Johns. performance governs as to obligation, interN.Y. $11; 13 Pet. 65; 9 La. Ann. 185; 13 pretation, etc. 5 East, 124; 3 Caines, N. Y. Mass. 23; 1 How. 169.

154; 1 Gall. C. C. 371; 12 Vt. 648; 12 Pet. An obligation may be incurred under the 456; 13 id. 65; 1 How. 182; 8 Paige, Ch. lex loci which there is no means of enforcing N. Y. 261; 8 Johns. N. Y. 189; 17 id. 511; in that country and which may be enforced 5 McLean, C. C. 448; 27 Vt. 8; 14 Ark. 189; in another country. 1 Barnew. & Ad. 284; 7 B. Monr. Ky. 575; 8 id. 306; 9 Mo. 56, 2 Cow. N. Y. 626 ; 2 Johns. N. Y. 345 ; 1 Pet. 157; 4 Gilm. Va. 521 ; 21 Ga. 135 ; 30 Miss. 317; 1 Wash, C.C. 376; 10 Wheat. 1; Henry, 59; 7 Ohio, 134; 4 Mich. 450; 2 Kent, Comm. Foreign Law, 81-86; Story, Conil. Laws, 8 459 ; Story, Conf. Laws, & 233. But see 11 571.

Tex. 54, A lien or privilege created by the lex loci Where the contract is to be performed will generally be enforced wherever the pro- generally, the law of the place of making perty may be found, 8 Mart. 95; 5 La. 295; governs. 2 Barnew. & Ald: 301; 5 Clark & Story, Conf. Laws, 28 322, 402; but not neces- F. Hou. L. 1, 12; 1 Barnew. & C. 16; 1 sarily in preference to claims arising under Metc. Mass. 82; 6 Cranch, 221 ; 6 Ired. No. the lex fori. 5 Cranch, 289, 298; 12 Wheat. c. 107; 17 Miss. 220. 361.

If the contract is to be performed partly in 9. A discharge from the performance of a one state and partly in another, it will be contract under the lex loci is a discharge affected by the law of both states. 14 B. everywhere. 5 Mass. 509; 13 id. 1, 7; 7 Monr. Ky. 556. Cush, Mass. 15; 4 Wheat. 122, 209; 12 id. In cases of indorsement of negotiable paper, 213; 2 Mas. C. C. 161 ; 2 Blackf. Ind. 394 ; every indorsement is a new contract, and the 3 Caines, N. Y 154; 24 Wend. N. Y. 43; 2 place of each indorsement is its locus contracKent, Comm. 394. A distinction is to be tus. 2 Kent, Comm. 460; Prec, in Chanc. taken between discharging a contract and 128; 17 Johns. N. Y. 511; 9 Barnew. & C. taking away the remedy for a breach. 3 208; 13 Mass. 1 ; 25 Ala. N.s. 139; 19 N. Y. Mas. C. c. 88; 5 id. 378; 4 Conn. 47; 14 436 ; 17 Tex. 102. Pet. 67; 12 Wheat. 347; 8 Pick. Mass. 194; The place of payment is the locus contrac9 Conn. 314; 2 Blackf. Ind. 391; 9 N. II. tus, however, as between indorsee and drawer. 478.

See 19 N. Y. 436. A series of conflicting decisions has arisen The place of acceptance of a draft is rein the United States courts, and the courts of garded as the locus contractus. 3 Gill, Md, the various states, upon the insolvent laws of 430; 1 Q. B. 43 ; 1 Cow. N. Y. 103 ; 4 Pet. the various states. The principle deducible 111; 12 Wend. N. Y. 439; 6 Du. N. Y. 34; 8 from the majority of the cases would seem to Metc. Mass. 107; 4 Dev. No. C. 124; 6 Mcbe, that the insolvent laws of most states must Lean, C. C. 622; 9 Cush, Mass. 46; 13 N, Y. be considered only as affecting the remedy in 290 ; 18 Conn. 138 ; 17 Miss. 220. See Prothe courts of the state where obtained, as be- MISSORY Notes ; Bills of EXCHANGE. tween citizens and foreigners, but both as a 11. The lex loci is presumed to be the same discharge and deprivation of remedy, as be- as that of the forum, unless shown to be othertween citizens. 5 How. 295; 12 Metc. Mass. i wise. 46 Me. 247; 13 La. Ann. 673; 13 470; 26 Me. 110; 1 Woodb. & M. C. C. 115; Md. 392; 9 Gill, Md. 1; 4 Iowa, 464. But 2 Kent, Comm. 393. See 3 Gray, Mass. 551. see 1 Iowa, 388.

Statutes of limitations apply to the remedy, Torts. Damages for the commission of a but do not discharge the debt. 11 Wheat. tortious act are to be measured by the law of 361; 9 How, 407; 20 Pick. Mass. 310; 11 the place where the act is done. 1 P. Will. id. 36; 17 Mass. 55; 2 Paine, C. C. 437; 2 395 ; 1 Pet. C. C. 225 ; Story, Conf. Laws, Mas. C. C. 751; 6 N. H. 557; 6 Vt. 127 ; 8 307. Port. (Ala.) 84. But see 5 Clark & F. Hou. Marriage, if valid where contracted, is valid L. 1-17; 9 B. Monr. Ky. 513; 2 Tex, 414. everywhere, unless where it works some maniSee LIMITATIONS, STATUTE OF.

fest injustice, is contra bonos mores, or repug10. A question of some difficulty often nant to the settled principles and policy of arises as to where the locus contractus is, in the laws of the country where it is sought to the case of contracts made partly in one coun- be enforced. try or state and partly in another, or made in This is understood to be the doctrine in one state or country to be performed in an England, Buller, Nisi P. 114; 2 Hagk. other, or where the contract in question is cons. 414, and note; 1 Ves. Ch. 159; 3 accessory to a principal contract.

Stark. 178; 9 Bligh, Hou. L. 129; 29 Am. Where a contract is made partly in one Law Jour. 97; 23 Bost. Law Rep. 741 ; even country and partly in another, it is a contract though the parties may have left their domiof the place where the assent of the parties cil for the purpose of evading the statute. first concurs and becomes complete. 2 Par- The exceptions to the validity of a foreign sons, Contr. 94; 27 N. H. 217, 244; 11 Ired. marriage are understood to be, in the United




States, such as are regarded by all Christian tem of laws which is adopted by all commernations as contra bonos mores, as naturally cial nations, and which, therefore, constitutes incestuous, polygamous, and the like, 16 a part of the law of the land. See Law MERMass. 157; I Pick. Mass. 596; 8 id. 433; 10 | CHANT. Metc. 451; 1 Yerg. Tenn. 110; 2 Ired. No. LEX REI SITÆ (Lat.). The law of C. 346; 5 Humphr. Tenn. 13; 8 Ala. N. s. the place of situation of the thing. 48; 3 A. K. Marsh. Ky.368; 10 Watts, Penn. 2. It is the universal rule of the common 168 ; 2 Blatchf. C. C. 51; 2 Gilm. Va. 322; law that any title or interest in land, or in 5 J. J. Marsh. Ky. 460; 4 Johns. Ch. 343, other real estate, can only be acquired or 2 Parsons, Contr. 107; while marriages valid lost agreeably to the law of the place where by the lex loci are sustained, even though the same is situate, 1 Pick. Mass. 81; 6 id. incestuous in the lex fori, by statute provi- 286; 1 Paige, Ch. N. Y. 220; 2 Ohio, 124; 1 sions. 10 Metc. Mass. 451.

H. Blackst. 665; 2 Rose, Bank. 29; 2 Ves. In New Hampshire, the exceptions are ad- & B. Ch. Ir. 130; 5 Barnew. & C. 438; 6 mitted as fully as in England. 21 N. H. 55. Madd. Ch. 16; 1 Younge & C. Exch. 114; 7

The prevalent American doctrine is that Cranch, 115; 10 Wheat. 192, 465; 6 d. 597; a marriage valid in the state where con- 4 Cow. N.Y.510, 527 ; 4 Johns. Ch. N. Y.460; tracted is good everywhere, even if prohibited 1 Gill, Md. 280; 6 Binn. Penn. 559; Story, by the lex fori or domicilii. But this is Confi. Laws, 2% 365, 428; and the law is the otherwise by statute in some states, and de- same in this respect in regard to all methods cisions in others. Mass. Gen. Stat. 529. whatever of transfer, and every restraipt upon

12. As laid down in a recent decision, the alienation. 12 Eng. L. & Eq. 206. English law is that the lex loci, without regard 3. The lex rei sitæ governs as to the capato any question of fraudulent evasion, governs city of the parties to any transfer, whether only as to formalities, but if in its essentials testamentary or inter vivos, as affected by the marriage violates the lex domicilii

, it is questions of minority or majority, 17 Mart. void. 23 Bost. Law Rep. 741. In this de- 569; of rights arising from the relation of cision, the distinction taken in the Massachu- husband and wife, Story, Confil. Laws, & 454; setts cases is denied. See, also, Vaugh. 302; 11 9 Bligh, Hou. L. 127; 8 Paige, Ch. N. Y, Q. B. 205 ; 4 Johns. Ch. N. Y. 343; 21 N. H. 261 ; 2 Md. 297 ; 1 Miss. 281; 4 Iowa, 381, 55. This decision puts marriages on the 3 Strobh. So. C. 562; 9 Rich. Eq. So. C. 475; same footing with other contracts, except in parent and child, or guardian and ward, 2 the matter of avoiding formalities by Scotch Ves. & B. Ch. Ir. 127; 1 Johns. Ch. N. Y. marriages. This law is certainly open to the 153; 4 Gill & J. Md. 332; 4 Cow. N. Y. 529, n.; objection of respecting the form more highly 9 Rich. Eq. So. C. 311; 14 B. Monr. Ky. 544; than the substance of marriage.

11 Ala. N. s. 343; 18 Miss. 529; but see 7 The formalities to be observed are those of Paige, Ch. N. Y. 236; and of the rights and the lex loci, if any mode available by the par- powers of executors and administrators, ties is provided by that law. 1 Ves. 157; 10 whether the property be real or personal, 2 East, 282; 6 How. 550; Bishop, Marr. & D. Hamm. 124; 8 Clark & F. Hou. L. 112; 4 138.

Mees. & W. Exch. 71, 192; 3 Q. B. 498, 507; 13. If mode is provided, the formalities 2 Sim. & S. Ch. 284; 3 Cranch, 319; 5 Pet. of the lex domicilii of both parties may be 518; 15 id. 1; 12 Wheat. 169 ; 2 N. H. 291; observed. Bishop, Marr. & D. & 134; 1 Sim. 4 Rand. Va. 158; 2 Gill & J. Md. 493 ; 5 Ch. 361; Rogers, Eccl. Law, 652; Waddi- Me. 261; 11 Mass. 256, 313; 5 Pick. Mass. love, Dig. 238; 11 Clark & F. Hou. L. 85, 152. 65; 10 Cush, Mass. 172; 7 Cow. N. Y. 4; 20

But the lex domicilii governs as to the Johns. N. Y. 229; 3 Day, Conn. 74; 1 Humphr. rights, duties, and obligations arising under Tenn. 54; 7 Ind. 211; 3 Sneed, Tenn. 55; 8 a marriage. 5 Barnew. & C. 438.

Md. 517; 10 Rich. So. C. 393; see EXECUTORS; A marriage invalid where contracted is of heirs, 5 Barnew. & C. 451, 452; 6 Bligh, not necessarily so elsewhere. 2 Hagg. Cons. 479, n.; 1 Rob. 627; 9 Cranch, 151; 9 Wheat. 389, 390, 423.

566, 570; 10 id. 192; and of devisee or deObtaining divorces is governed by the law visor. Story, Confil

. Laws, & 474; 14 Ves. Ch. of the domicil. See DOMICIL.

337; 9 Cranch, 151; 10 Wheat. 192; 37 N. The law of all acts relating to real property H. 114. is governed by the lex rei sitæ. Taking a 4. So as to the forms and solemnities of mortgage as security does not, however, the transfer the lex rei sitæ must be complied divest the lex loci of its force. See Lex Rei with, whether it be a transfer by devise, 2 SITÆ

Dowl. & C. 349; 2 P. Will. 291, 293 ; 14 Ves. For lex domicilii, see Domicil.

Ch. 537; 7 Cranch, 115; 10 Wheat. 192; 4

Johns. Ch. N. Y. 260; 2 Ohio, 124; 37 N. H. LEX LONGOBAR DORUM (Lat.). 114; 5 R. I. 112, 413 ; 2 Jones, No. C. 368 ; The name of an ancient code in force among see '4 McLean, Ć. C. 75, or by conveyance the Lombards. It contains many evident traces inter vivos; 9 'Bligh, Hou. L. 127, 128; 2 of feudal policy. It survived the destruction Dowl. & C. 349; 1 Pick. Mass. 81; 1 Paige, of the ancient government of Lombardy by Ch. N. Y. 220; '11 Wheat. 465; 11 Tex. 755; Charlemagne, and is said to be still partially 18 Penn. St. 170; 12 Eng. L. & Eq. 206; 13 in force in some districts of Italy.

id. 465. So as to the amount of property or LEX MERCATORIA (Lat.). That sys I extent of interest which may be acquired,

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beld, or transferred, 3 Russ. Ch. 328; 2 LEYES DE ESTILLO. In Spanish Dow. & C. 393, and the question of what is Law. Laws of the age. A book of explareal property. 1 W. Blackst. 234; 2 Burr. / nations of the Fuero Real, to the number of 1079; 2 Dowl. 230, 250; 6 Paige, Ch. N. Y. two hundred and fifty-two, formed under the 630; 3 Deac. & C. Bank. 704; 2 Salk. 666. authority of Alonzo X. and his son Sancho, And, generally, the lex rei sitæ governs as to and of Fernando el Emplazado, and pubthe validity of any such transfer. 4 Sandf. lished at the end of the thirteenth century N. Y. 252; 23 Miss. 42; 22 id. 130; 11 Mo. or beginning of the fourteenth, and some of 314; 4 Den. N. Y. 305; 2 Bradf. Surr. N. Y. them are inserted in the New Recopilacion, 339. As to the disposition of the proceeds, See 1 White, New Recop. p. 354. see 12 Eng. L. & Eq. 206. As to the interpretation and construction of wills, see of one who is bound in law and justice to do

LIABILITY. Responsibility; the state DOMICIL. 5. The rules here given do not apply to This liability may arise from contracts either

something which may be enforced by action. personal contracts indirectly affecting real estate. 1 Halst. Ch. N.J. 631; Story, Confl. express or implied, or in consequence of torts

committed. Laws, 351, d.

A contract for the conveyance of lands LIBEL. In Practice. The plaintiff's valid by the lex fori will be enforced in petition or allegation, made and exhibited in equity by a decree in personam for a convey a judicial process, with some solemnity of law. ance valid under the lex rei sitæ. i Ves, Ch. A written statement by a plaintiff of his 144; 2 Paige, Ch. N. Y. 606; Wythe, Va, 135; cause of action, and of the relief he seeks to 1 Hopk. Ch. N. Y. 213; 6 Cranch, 148. obtain in a suit. Law, Eccl. Law, 17; Ayliffe,

An executory foreign contract for the con- Par. 346 ; Shelford, Marr. & D. 506; Dunlap, veyance of lands not repugnant to the lex rei Adm. Pract. 111. It performs substantially site will be enforced in the courts of the the same office in the ecclesiastical courts, latter country by personal process. 8 Paige, and those courts which follow the practice of Ch. N. Y. 201; 23 Eng. L. & Eq. 288; 4 the ecclesiastical courts, as the bill in chanBosw. N. Y. 266.

cery and the declaration in common-law prac

tice. LEX TALIONIS (Lat.). The law of re

2. The libel should be a narrative, spetaliation: an example of which is given in the law of Moses, an eye for an eye, a tooth for a cific, clear, direct, certain, not general nor

alternative. 3 Law, Eccl. Law, 147. It tooth, &c. Amicable retaliation includes those acts of

should contain, substantially, the following retaliation which correspond to the acts of requisites: the name, description, and addithe other nation under similar circumstances.

tion of the plaintiff, who makes his demand Jurists and writers on international law

by bringing his action; the name, descripare divided as to the right of one nation pun- name of the judge, with a respectful designa

tion, and addition of the defendant; the ishing with death, by way of retaliation, the tion of his office and court; the thing or citizens or subjects of another nation. In the relief, general or special, which is demanded United States no example of such barbarity in the suit; the grounds upon which the suit has ever been witnessed; but prisoners have

is founded. been kept in close confinement in retaliation for the same conduct towards American pri- articulate. The simple form is when the

3. The form of a libel is either simple or See Rutherforth, Inst. b. 2, c. 9; cause of action is stated in a continuous narMarten, Law of Nat. b. 8, c. 1, s. 3, note; 1 Kent, Comm. 93 ; Wheaton, Int. Law, pt. 4, ration, when the cause of action can be c. 1, 1.

The articulate form is briefly set forth.

when the cause of action is stated in distinct Vindictive retaliation includes those acts which amount to a war.

allegations or articles. 2 Law, Ecc). Law,

148; Hall, Adm. Pract. 123; 7 Cranch, 319. LEX TERRÆ (Lat.). The law of the The material facts should be stated in distinct land. See Due Process of Law.

articles in the libel, with as much exactness LEY (Old French; a corruption of loi). and attention to times and circumstances as Law. For example, Termes de la Ley, Terms in a declaration at common law. 4 Mas. c.

C. 541. of the Law. In another, and an old technical, sense, ley signifies an oath, or the oath libels, and the courts will receive such an in

4. Although there is no fixed formula for with compurgators: as, il tend sa ley aiu pleyntiffe.' Britton, c. 27.

strument from the party in such form as his

own skill or that of his counsel may enable LEY GAGER. Wager of law. An offer him to give it, yet long usage has sanctioned to make an oath denying the cause of action forms, which it may be most prudent to adopt. of the plaintiff

, confirmed by compurgators The parts and arrangement of libels com(q.v.), which oath used to be allowed in cer- monly employed are:

When it was accomplished, it First, the address to the court: as, To was called the "doing of the law," "fesans the Honorable John K. Kane, Judge of the de ley.Termes de la Leye, Ley; 2 Barnew. district court of the United States within & C.538; 3 Bos. & P. 297; 3 & 4 Will. IV. c. and for the eastern district of Pennsylvania. 42, 16.

5. Second, the names and descriptions of


tain cases.

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the parties. Persons competent to sue at in printing or writing, and tending either to common law may be parties libellants; and blacken the memory of one who is dead or similar regulations obtain in the admiralty the reputation of one who is alive, and expose courts and the common-law courts respecting him to public hatred, contempt, or ridicule. those disqualified from suing in their own 1 Hawkins, Pl. Cr. b. 1, c. 73, 81; 4 Mass. right or name. Married women prosecute 168; 2 Pick. Mass. 115; 9 Johns. N.Y. 214; by their husbands, or by prochein ami, when 1 Den. N. Y. 347; 24 Wend. N. Y. 434; 9 the husband has an adverse interest to hers; Barnew. & C. 172; 4 Mann. & R. 127; 2 minors, by guardians, tutors, or prochein Kent, Comm. 13. ami; lunatics and persons non compos mentis, It has been defined, perhaps with more by tutor, guardian ad litem, or committee; precision, to be a censorious or ridiculous the rights of deceased persons are prosecuted writing, picture, or sign made with a maliby executors or administrators; and corpo cious or mischievous intent towards governrations are represented and proceeded against ment, magistrates, or individuals. 3 Johns. as at common law.

Cas. N. Y. 354; 9 Johns. N. Y. 215 ; 5 Binn. Third, the averments or allegations set Penn. 340. ting forth the cause of action. These should 8. There is a great and well-settled disbe conformable to the truth, and so framed tinction between verbal tten slander; as to correspond with the evidence. Every and this not only in reference to the consefact requisite to establish the libellant's right quences, as subjecting the party to an indictshould be clearly stated, so that it may be ment, but also as to the character of the directly met by the opposing party by admis- accusations or imputations essential to sussion, denial, or avoidance: this is the more tain a civil action to recover damages. To necessary, because no proof can be given, or write and publish maliciously any thing of decree rendered, not covered by and con- another which either makes him ridiculous formable to the allegations. 1 Law, Eccl. or holds him out as a dishonest man, is held Law, 150; Hall, Pract. 126 ; Dunlap, Adm. to be actionable, or punishable criminally, Pract. 113; 7 Cranch, 394; 21 How. Pract. when the speaking of the same words would 343.

not be so. 1 Saund. 6th ed. 247 a; 4 Taunt. 6. Fourth, the conclusion, or prayer for 355 ; 5 Binn. Penn. 219; Heard, Libel & S. relief and process: the prayer should be for 2 74; 6 Cush. Mass. 75. the specific relief desired; for general relief, 9. The reduction of the slanderous matter as is usual in bills in chancery; the conclu- to writing or printing is the most usual sion should also pray for general or particular mode of conveying it. The exhibition of a process. Law, Eccl. Law, 149. And see 3 picture intimating that which in print would Mas. C. C. 503.

be libellous is equally criminal. 2 Campb. Interrogatories are sometimes annexed to 512; 5 Coke, 125; 2 Serg. & R. Penn. 91. the libel: when this is the case, there is Fixing a gallows at a man's door, burning usually a special prayer, that the defendant him in effigy, or exhibiting him in any ignomay be required to answer the libel, and minious manner, is a libel. llawkins, Pl. Cr. the interrogatories annexed and propounded. b. 1, c. 73, s. 2; 11 East, 227. This, however, is a dangerous practice, be- There is, perhaps, no branch of the law cause it renders the answers of the defendant which is so difficult to reduce to exact princievidence, which must be disproved by two ples, or to compress within a small compass, witnesses, or by one witness corroborated by as the requisites of a libel. very strong circumstances.

In the following cases the publications have Ý. The libel is the first proceeding in a been held to be actionable. It is a libel to suit in admiralty in the courts of the United | write of a person soliciting relief from a States. 3 Mas, C. C. 504.

charitable society, that she prefers unworthy No mesne process can issue in the United claims, which it is hoped the members will States admiralty courts until a libel is filed, reject forever, and that she has squandered 1 Adm. 7, Rules of the U. S. Supreme Court. away money, already obtained by her from The twenty-second and twenty-third rules the benevolent, in printing circulars abusive require certain statements to be contained in of the secretary of the society. 12 Q. B. 624. the libel; and to those, and the forms in 2 K is libellous to publish of the plaintiff that, Conkling, Adm. Pract., the reader is referred. although he was aware of the death of a perAnd see Parsons, Marit. Law; Dunlap, Adm. son occasioned by his improperly driving a Pract.; Hall, Adm. Pract.

carriage, he had attended a public ball in the In Torts. That which is written or evening of the same day. i Chitt. Bail, 480. printed, and published, calculated to injure It is a libel to publish of a Protestant archthe character of another by bringing him bishop that he endeavors to convert Roman into ridicule, hatred, or contempt. Parke, J., Catholic priests by promises of money and 15 Mees. & W. Exch, 344.

preferment. 5 Bingh. 17. It is a libel to Every thing, written or printed, which re- publish a ludicrous story of an individual in flects on the character of another and is a newspaper, if it tend to render him the published without lawful justification or ex- subject of public ridicule, although he had cuse, is a libel, whatever the intention may previously told the same story of himself. have been. 15 Mees. & W. Exch. 437. 6 Bingh. 409.

A malicious defamation, expressed either A declaration which alleges that the be

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