A Law Dictionary, Adapted to the Constitution and Laws of the United States of America, and of the Several States of the American Union

19. Rhode Island. It does not appear to be settled whether executors and administrators appointed in another state may, by virtue of such appointment, sue in this. 3 Griffith, Law Reg. 107, 108.

stood to be the settled law of Virginia, though there is no statutory provision on the subject, that no probate of a will or grant of administration in another state of the Union, or in a foreign country, and no qualification of an executor or administraSouth Carolina. Executors and administrators tor elsewhere than in Virginia, give any such exof other states cannot, as such, sue in South Caro-ecutor or administrator any right to demand the lina; they must take out letters in the state. 3 effects or debts of the decedent which may happen Griffith, Law Reg. 848. to be within the jurisdiction of the state. There must be a regular probate or grant of administration and qualification of the executor or administrator in Virginia, according to her laws. And the doctrine prevails in the federal courts held in Virginia, as well as in the state courts. 3 Griffith, Law Reg. 348.

Tennessee. Where any person or persons may obtain administration on the estate of any intestate, in any one of the United States, or territory thereof, such person or persons shall be enabled to prosecute suits in any court in this state, in the same manner as if administration had been granted to such person or persons by any court in the state of Tennessee. Provided, that such person or persons shall produce a copy of the letters of administration, authenticated in the manner which has been prescribed by the congress of the United States for authenticating the records or judicial acts of any one state in order to give them validity in any other state; and that such letters of administration had been granted in pursuance of and agreeable to the laws of the state or territory in which such letters of administration were granted.

When any executor or executors may prove the last will and testament of any deceased person, and take on him or themselves the execution of said will in any state in the United States, or in any territory thereof, such person or persons shall be enabled to prosecute suits in any court in this state, in the same manner as if letters testamentary had been granted to him or them by any court within

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.

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, 22 43, 44. The act of awarding a contract. LETTING OUT. In American Law.

the state of Tennessee. Provided, that such executor or executors shall produce a certified copy This term is much used in the United States, and of the letters testamentary under the hand and most frequently in relation to contracts to construct seal of the clerk of the court where the same were railroads, canals, or other mechanical works. When obtained, and a certificate by the chief justice, pre- such an undertaking has reached the point of actual siding judge, or chairman of such court that the construction, a notice is generally given that proclerk's certificate is in due form, and that such let-posals will be received until a certain period, and ters testamentary had been granted in pursuance of and agreeable to the laws of the state or territory in which such letters testamentary were granted. Act of 1839, Carr. & Nich. Comp. 78. 20. Teras. When a will has been admitted to probate in any of the United States or the terri tories thereof or of any country out of the limits of the United States, and the executor or executors named in such will have qualified, and a copy of such will and of the probate thereof has been filed and recorded in any court of this state, under the provisions of the fifth section of this act, and letters of administration with such will annexed have been granted to any other person or persons than the executors therein named, upon the application of such executor or executors, or any one of them, such letters shall be revoked, and letters testamentary shall be issued to such applicant. Oldham & W. Dig. Texas Laws, art. 712.

thereupon a letting out, or award of portions of the work to be performed according to the proposals, is made. See 35 Ala. N. s. 55.

Vermont. If the deceased person shall, at the time of his death, reside in any other state or country, leaving estate to be administered in this state, administration thereof shall be granted by the probate court of the district in which there shall be estate to administer; and the administration first legally granted shall extend to all the estate of the deceased in this state, and shall exclude the jurisdiction of the probate court of every other district. Rev. Stat. tit. 12, c. 47, 8. 2.

21. Virginia. Authenticated copies of wills, proved according to the laws of any of the United States, or of any foreign country, relative to any estate in Virginia, may be offered for probate in the general court; or, if the estate lie altogether in any one county or corporation, in the circuit, county, or corporation court of such county or corporation. 3 Griffith, Law Reg. 345. It is under

VOL. II.-3

LEVANDE 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 cause to be levied). In Practice. A writ 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 80 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.

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

a second. N. Y. 192.

LEVYING WAR. In Criminal Law. The assembling of a body of men for the purpose of effecting by force a treasonable object; and all who perform any part, however minute, or however remote from the scene of action, and who are leagued in the general conspiracy, are considered as engaged in levying war, within the meaning of the

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 name, 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 356; 15 Tex. 463; 1 Humphr. Tenn. 54; 10 appointment by a foreign power. 24 Ga. Cush. Mass. 172; 2 Jones, Eq. No. C. 276; 10 Rich. So. C. 393; 3 Sneed, Tenn. 55; 7 Ind. 211. But see 16 Ark. 28; 4 McLean, C. C. 4.

The authority of a guardian to sue is local, and restricted to the jurisdiction where granted. 9 Rich. Eq. So. Č. 311. See 30 Ala. N. s. 613; LETTERS TESTAMENTARY.

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

in case of instruments considered sealed where made, but not in the country where sued upon. 4 Cow. N. Y. 508; 5 Johns. N. Y. 239; 2 Caines, N. Y. 362; 1 Bos. & P. 360; 8 Pet. 361; 3 Gill & J. Md. 234; 3 Conn. 523; 4 id. 47, 49; 8 How. 451; 9 Mo. 56, 157.

Arrest and imprisonment may be allowed by the lex fori, though they are not by the lex loci contractus. 2 East, 453; 2 Burr. 1089; 5 Clark & F. Hou. L. 1; 1 Barnew. & Ad. 284; 14 Johns. N. Y. 346; 3 Mas. C. C. 88; 5 id. 378; 1 Pet. 317; 1 Wash. C. C. 376; 10 Wheat. 1.

For the law of interest as effected by the lex fori, see CONFLICT OF LAWS. For the law in relation to damages, see DAMAGES.

The forms of judgment and execution are to be determined by the lex fori. 3 Mas. C. C. 88; 5 id. 378; 4 Conn. 47; 14 Pet. 67. The lex fori decides as to deprivation of

remedy.

5. Where a debt is discharged by the law of the place creating it, such discharge will amount to a discharge everywhere. 5 East, 124; 12 Wheat. 360; 1 W. Blackst. 258; 13 Mass. 1; 16 Mart. La. 297; 6 Rob. La. 15; 7 Cush. Mass. 15; 1 Buck, 57, 61; 1 Woodb. & M. C. C. 115; 23 Wend. N. Y. 87; 5 Binn. Penn. 332; 16 Johns. N. Y. 233; 7 Johns. Ch. N. Y. 297; 16 Me. 206. It must be a discharge from the debt, and not an exemption from the effect of particular means of enforcing the remedy. 5 Binn. Penn. 381; 14 Johns. N. Y. 346; 10 id. 300; 8 Barnew. & C. 479; 1 Atk. Ch. 255; 2 II. Blackst. 553; 7 Me. 337; 11 Mart. La. 730; 15 Mass. 419; 5 Mas. C. C. 378.

Under the constitution of the United States, the insolvent laws of the various states which purport to discharge the debt are, at most, allowed that effect only as against their own citizens; as between their own citizens and strangers, where the claims of the latter have not been proved, they only work a destruction in the remedy, 5 Mas. C. C. 375; 4 Conn. 47; 14 Pet. 67; 12 Wheat. 213, 358, 369; 8 Pick. Mass. 194; 3 Iowa, 299; at least, if there be no provision requiring performance in the state where the discharge is obtained. 9 Conn. 314; 13 Mass. 18, 20; 7 Johns. Ch. 297; 1 Breese, Ill. 16; 1 South, N. J. 192; 4 Gill & J. Md. 509; 2 Blackf. Ind. 366. If claims are proved, they may work a discharge. 3 Johns. Ch. N. Y. 435; 26 Wend. N. Y. 43; 3 Pet. 411; 2 How. 202; 5 id. 295, 299; 8 Metc. Mass. 129; 7 Cush. Mass. 45. See IN

SOLVENCY.

6. Statutes of limitation affect the remedy only; and hence the lex fori will be the governing law. 6 Dow, Parl. Cas. 116; 5 Clark & F. Hou. L. 1-16; 8 id. 121, 140; 11 Pick. Mass. 36; 7 Ind. 91; 2 Paine, C. C. 437; 36 Me. 362. See 9 B. Monr. Ky. 518; 16 Ohio, 145. But these statutes restrict the remedy for citizens and strangers alike. 10 Barnew. & C. 903; 2 Bingh. N. c. 202, 216; 5 Clark & F. Hou. L. 1; 3 Johns. Ch. N. Y. 190; 6 Wend. N. Y. 475; 9 Mart. La. 526.

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, Confl. Laws, 8 582; 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.

The lex loci is presumed to be that of the forum till the contrary is shown, 4 Iowa, 464; 40 Me. 247; 6 N. Y. 447; 13 Md. 392; 12 La. Ann, 673; 9 Gill, Md. 1; 3 Bosw. N. Y. 333; and also the lex rei sitæ. 1 Harr. & J. Md. 687. See FOREIGN LAWS; AUTHENTICATION.

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

of entering into the contract had the law of another kingdom in view, or where the lex loci is in itself unjust, contra bonos mores (against good morals), or contrary to the public law of the state, as regarding the interests of religion or morality, or the general well-being of society. Ferguson, Marr. & D. 385; 2 Burr. 1077; 9 N. H. 271; 6 Pet. 172; 1 How. 169; 5 id. 295; 8 Paige, Ch. N. Y. 261; 17 Johns. N. Y. 511; 13 Mass. 23; 5 Clark & F. Hou. L. 11, 13; 8 id. 121; 6 Whart. 331; 2 Metc. Mass. 8; 1 B. Monr. Ky. 32; 5 Ired. No. C. 590; 2 Kent, Comm. 458; Story, Confl. Laws, 280. And where the place of performance is different from the locus contractus, it is presumed the parties had the law of the former in mind. See 10.

3. The validity or invalidity of a contract as affected by the lex loci may depend upon the capacity of the parties or the legality of

the act to be done.

The capacity of the parties as affected by questions of minority or majority, incapacities incident to coverture, guardianship, emancipation, and other personal qualities or disabilities, is to be decided by the law of the place of making the contract. Story, Confi. Laws, 103; Í Grant, Cas. Penn. 51. The question of disability to make a contract on account of infancy is to be decided by the lex loci. 3 Esp. 163, 597; 17 Mart. La. 597; 8 Johns. N. Y. 189; 1 Grant, Cas. Penn. 51; 2 Kent, Comm. 233.

So, also, as to contracts made by married women. Al. 72; 8 Johns. N. Y. 189; 13 La. 177; 5 East, 31; 2 Parsons, Contr. 84, 111.

4. Personal disqualifications not arising from the law of nature, but from positive law, and especially such as are penal, are strictly territorial, and are not to be enforced in any country other than that where they originate. Story, Confl. Laws, ¿? 91, 92, 104, 620-625; 2 Kent, Comm. 459.

Slavery works no incapacity in those countries or states where its existence is not recognized by positive law, and the lex loci contractus is to determine capacity in this respect. 20 Howell, St. Trials, 1-15; Dowl. & R. 679; Coke, Litt. 79 b; 17 Mart. La. 598; 9 Am. Jur. 490; 4 Wash. C. C. 390; 7 Serg. & R. Penn. 378; Story, Confl. Laws, ? 96 a.

Natural disabilities, such as insanity, imbecility, etc., are everywhere recognized, so that the question whether they are controlled by the lex loci or lex domicilii seems to be theoretic rather than practical. On principle, there seems to be no good reason why they should come under a different rule from the positive disabilities.

5. The legality or illegality of the contract will be determined by the lex loci, unless it affects injuriously the public morals or rights, contravenes the policy or violates a public law of the country where it is sought to be enforced. 2 Kent, Comm. 458.

A contract illegal by the law of the place of its making and performance will generally be held so everywhere. 1 Gall. C. Č. 375; 2 Mass. 88, 89; 2 N. H. 42; 5 id. 401; 2 Mas.

C. C. 459; 13 Pet. 65, 78; 2 Johns. Cas. N. Y. 355; 1 Nott & M'C. So. C. 173; 2 Harr. & J. Md. 193, 221, 225; 17 Ill. 328; 16 Tex. 344; 2 Burr. 1077; 7 Term, 237; 2 Kent, Comm. 458; Henry, Foreign Law, 37, 50; Story, Confl. Laws, 243.

An exception is said to exist in case of contracts made in violation of the revenue laws. Cas. temp. Hardw. 85; 2 C. Rob. Adm. 6; 1 Dougl. 251; 1 Cowp. 341; 2 Crompt. M. & R. Exch. 311; 2 Kent, Comm. 458.

6. A contract legal by the lex loci will be so everywhere, 13 La. Ann. 117; unlessIt is injurious to public rights or morals, 3 Burr. 1568; Cowp. 37; 2 Carr. & P. 347; 4 Barnew. & Ald. 650; 1 Bos. & P. 340; 6 Mass. 379; 2 Harr. & J. Md. 193; or contravenes the policy. 2 Bingh. 314; 2 Sim. Ch. 194; 1 Turn. & R. 299; 1 Dowl. & C. 342; 16 Johns. N. Y. 438; 5 Harr. Del. 31; 1 Green, Ch. N. J. 326; 17 Ga. 253. In this connection, it is held generally that the claims of citizens are to be preferred to those of foreigners in case of a conflict of rights. Assignments, under the insolvent laws of a foreign state, are usually held inoperative as against claims in the state in regard to personal property in the jurisdiction of the lex fori. 1 Green, Ch. N. J. 326; 5 Harr. De}. 31; 32 Miss. 246; 13 La. Ann. 280; 21 Barb. N. Y. 198; but see 12 Md. 54; 13 id. 392. Or violates a positive law of the lex fori. The application of the lex loci is a matter of comity; and that law must, in all cases, yield to the positive law of the place of seeking the remedy. 13 Mass. 6; 18 Pick. Mass. 193; 1 Green, Ch. N. J. 326; 12 Barb. N. Y. 631; 17 Miss. 247. See 10 N. Y. 53.

7. The interpretation of contracts is to be governed by the law of the country where the contract was made. Dougl. 201, 207; 2 Barnew. & Ad. 746; 6 Term, 224; 1 Bingh. N. c. 151-159; 1 Barnew. & Ad. 284; 10 Barnew. & C. 903; 2 Hagg. Cons. 60, 61; 8 Pet. 361; 13 id. 378; 30 Ala. N. s. 253; 4 McLean, C. C. 540; 2 Sharswood, Blackst. Comm. 141; Story, Confi. Laws, 270; Chitty, Bills, 474.

The lex loci governs as to the formalities and authentication requisite to the valid execution of contracts. Story, Confl. Laws, ?? 123, 260; 11 La. 14; 2 Hill, N. Y. 227; 37 N. H. 86; 30 Vt. 42. But in proving the existence of, and seeking remedies for, the breach, as well as in all questions relating to the competency of witnesses, course of procedure, etc., the lex fori must govern. 11 Ind. 385; 9 Gill, Md. 1; 17 Penn. St. 91; 18 Ala. N. s. 248; 4 McLean, C. C. 540; 3 id. 545; 5 How. 83; 6 Humphr. Tenn. 75; 17 Conn. 500; 9 Mo. 56, 157; 4 Gilm. Va. 521; 26 Barb. N. Y. 177; Story, Confl. Laws, 28 567, 634.

8. The lex loci governs as to the obligation and construction of contracts, 11 Pick. Mass. 32; 8 Vt. 325; 12 N. H. 520; 12 Wheat. 213; 2 Keen, 293; 1 Bos. & P. 138; 12 Wend. N. Y. 439; 22 Barb. N. Y. 118; 13 Mart. La. 202; 14 B. Monr. Ky. 556; 15

Miss. 798, unless, from their tenor, it must be presumed they were entered into with a view to the laws of some other state. 13 Mass. 1. This presumption arises where the place of performance is different from the place of making. 31 Eng. L. & Eq. 433; 17 Johns. N. Y. 511; 13 Pet. 65; 9 La. Ann. 185; 13 Mass. 23; 1 How. 169.

An obligation may be incurred under the lex loci which there is no means of enforcing in that country and which may be enforced in another country. 1 Barnew. & Ad. 284; 2 Cow. N. Y. 626; 2 Johns. N. Y. 345; 1 Pet. 317; 1 Wash. C. C. 376; 10 Wheat. 1; Henry, Foreign Law, 81-86; Story, Confl. Laws, 8 571.

A lien or privilege created by the lex loci will generally be enforced wherever the property may be found, 8 Mart. 95; 5 La. 295; Story, Confl. Laws, 322, 402; but not necessarily in preference to claims arising under the lex fori. 5 Cranch, 289, 298; 12 Wheat.

361.

9. A discharge from the performance of a contract under the lex loci is a discharge everywhere. 5 Mass. 509; 13 id. 1, 7; 7 Cush. Mass. 15; 4 Wheat. 122, 209; 12 id. 213; 2 Mas. C. C. 161; 2 Blackf. Ind. 394; 3 Caines, N. Y 154; 24 Wend, N. Y. 43; 2 Kent, Comm. 394. A distinction is to be taken between discharging a contract and taking away the remedy for a breach. 3 Mas. C. C. 88; 5 id. 378; 4 Conn. 47; 14 Pet. 67; 12 Wheat. 347; 8 Pick. Mass. 194; 9 Conn. 314; 2 Blackf. Ind. 394; 9 N. II. 478.

A series of conflicting decisions has arisen in the United States courts, and the courts of the various states, upon the insolvent laws of the various states. The principle deducible from the majority of the cases would seem to be, that the insolvent laws of most states must be considered only as affecting the remedy in the courts of the state where obtained, as between citizens and foreigners, but both as a discharge and deprivation of remedy, as between citizens. 5 How. 295; 12 Metc. Mass. 470; 26 Me. 110; 1 Woodb. & M. C. C. 115; 2 Kent, Comm. 393. See 3 Gray, Mass. 551. Statutes of limitations apply to the remedy, but do not discharge the debt. 11 Wheat. 361; 9 How. 407; 20 Pick. Mass. 310; 11 id. 36; 17 Mass. 55; 2 Paine, C. C. 437; 2 Mas. C. C. 751; 6 N. H. 557; 6 Vt. 127; 8 Port. (Ala.) 84. But see 5 Clark & F. Hou. L. 1-17; 9 B. Monr. Ky. 513; 2 Tex. 414. See LIMITATIONS, STATUTE OF.

10. A question of some difficulty often arises as to where the locus contractus is, in the case of contracts made partly in one country or state and partly in another, or made in one state or country to be performed in another, or where the contract in question is accessory to a principal contract.

Where a contract is made partly in one country and partly in another, it is a contract of the place where the assent of the parties first concurs and becomes complete. 2 Parsons, Contr. 94; 27 N. H. 217, 244; 11 Ired.

No. C. 303; 3 Strobh. So. C. 27; 1 Gray, Mass. 336.

As between the place of making and the place of performance, where a place of performance is specified, the law of the place of performance governs as to obligation, interpretation, etc. 5 East, 124; 3 Caines, N. Y. 154; 1 Gall. C. C. 371; 12 Vt. 648; 12 Pet. 456; 13 id. 65; 1 How. 182; 8 Paige, Ch. N. Y. 261; 8 Johns. N. Y. 189; 17 id. 511; 5 McLean, C. C. 448; 27 Vt. 8; 14 Ark. 189; 7 B. Monr. Ky. 575; 8 d. 306; 9 Mo. 56, 157; 4 Gilm. Va. 521; 21 Ga. 135; 30 Miss. 59; 7 Ohio, 134; 4 Mich. 450; 2 Kent, Comm. 459; Story, Confl. Laws, § 233. But see 11

Tex. 54.

Where the contract is to be performed generally, the law of the place of making governs. 2 Barnew. & Ald. 301; 5 Clark & F. Hou. L. 1, 12; 1 Barnew. & C. 16; 1 Metc. Mass. 82; 6 Cranch, 221; 6 Ired. No. C. 107; 17 Miss. 220.

If the contract is to be performed partly in one state and partly in another, it will be affected by the law of both states. 14 B. Monr. Ky. 556.

In cases of indorsement of negotiable paper, every indorsement is a new contract, and the place of each indorsement is its locus contractus. 2 Kent, Comm. 460; Prec. in Chanc. 128; 17 Johns. N. Y. 511; 9 Barnew. & C. 208; 13 Mass. 1; 25 Ala. N. s. 139; 19 N. Y. 436; 17 Tex. 102.

The place of payment is the locus contractus, however, as between indorsee and drawer. See 19 N. Y. 436.

The place of acceptance of a draft is regarded as the locus contractus. 3 Gill, Md. 430; 1 Q. B. 43; 1 Cow. N. Y. 103; 4 Pet. 111; 12 Wend. N. Y. 439; 6 Du. N. Y. 34; 8 Metc. Mass. 107; 4 Dev. No. C. 124; 6 MeLean, C. C. 622; 9 Cush. Mass. 46; 13 N. Y. 290; 18 Conn. 138; 17 Miss. 220. See PROMISSORY NOTES; BILLS OF EXCHANGE.

11. The lex loci is presumed to be the same as that of the forum, unless shown to be otherwise. 46 Me. 247; 13 La. Ann. 673; 13 Md. 392; 9 Gill, Md. 1; 4 Iowa, 464. But see I Iowa, 388.

TORTS. Damages for the commission of a tortious act are to be measured by the law of the place where the act is done. 1 P. Will. 395; 1 Pet. C. C. 225; Story, Confl. Laws, 307.

Marriage, if valid where contracted, is valid everywhere, unless where it works some manifest injustice, is contra bonos mores, or repugnant to the settled principles and policy of the laws of the country where it is sought to be enforced.

This is understood to be the doctrine in England, Buller, Nisi P. 114; 2 Hagg. Cons. 444, and note; 1 Ves. Ch. 159; 3 Stark. 178; 9 Bligh, Hou. L. 129; 29 Am. Law Jour. 97; 23 Bost. Law Rep. 741; even though the parties may have left their domicil for the purpose of evading the statute.

The exceptions to the validity of a foreign marriage are understood to be, in the United

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A Law Dictionary, Adapted to the Constitution and Laws of the United ..., Том 2