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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, Conf. Laws, & 103; I 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; unless

It 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. Del. 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, Conf. Laws, 270; Chitty, Bills, 474.

The lex loci governs as to the formalities and authentication requisite to the valid execution of contracts. Story, Confil. 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, Conf. Laws, 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

less, from their tenor, it must be ey were entered into with a view some other state. 13 Mass. 1.

ption arises where the place of is different from the place of Eng. L. & Eq. 433; 17 Johns. 3 Pet. 65; 9 La. Ann. 185; 13 How. 169.

tion may be incurred under the h there is no means of enforcing try and which may be enforced country. 1 Barnew. & Ad. 284; 626; 2 Johns. N. Y. 345; 1 Pet. 1. C. C. 376; 10 Wheat. 1; Henry, v, 81-86; Story, Confl, Laws, privilege created by the lex loci ly be enforced wherever the proe found, 8 Mart. 95; 5 La. 295; Laws, 88 322, 402; but not necesference to claims arising under 5 Cranch, 289, 298; 12 Wheat.

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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 d. 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, Comin, 459; Story, Confl. Laws, 233. But see 11 Tex. 54.

harge from the performance of a
der the lex loci is a discharge
5 Mass. 509; 13 id. 1, 7; 7
15; 4 Wheat. 122, 209; 12 id.
s. C. C. 161; 2 Blackf. Ind. 394;
. Y 154; 24 Wend. N. Y. 43; 2
n. 394. A distinction is to be
een discharging a contract and
y the remedy for a breach. 3
88; 5 id. 378; 4 Conn. 47; 14,
Wheat. 347; 8 Pick. Mass. 194;
4; 2 Blackf. Ind. 394; 9 N. II.

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.

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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.

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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 Chane. 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 McLean, 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 1 Iowa, 388.

of conflicting decisions has arisen
ed States courts, and the courts of
states, upon the insolvent laws of
states. The principle deducible
ajority of the cases would seem to
insolvent laws of most states must
-ed only as affecting the remedy in
of the state where obtained, as be-
ens and foreigners, but both as a
and deprivation of remedy, as be-
ens. 5 How. 295; 12 Metc. Mass.
e. 110; 1 Woodb. & M. C. C. 115;
mmm. 393. See 3 Gray, Mass. 551.
of limitations apply to the remedy,
discharge the debt. 11 Wheat.
w. 407; 20 Pick. Mass. 310; 11
Mass. 55; 2 Paine, C. C. 437; 2
751; 6 N. H. 557; 6 Vt. 127; 88 307.
.) 84. But see 5 Clark & F. Hou.
B. Monr. Ky. 513; 2 Tex. 414.
ATIONS, STATUTE OF.
question of some difficulty often
where the locus contractus is, in
contracts made partly in one coun-
e and partly in another, or made in
or country to be performed in an-
where the contract in question is
to a principal contract,

a contract is made partly in one id partly in another, it is a contract ee where the assent of the parties irs and becomes complete. 2 Partr. 94; 27 N. H. 217, 244; 11 Ired.

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,

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

States, such as are regarded by all Christian nations as contra bonos mores, as naturally incestuous, polygamous, and the like, 16 Mass. 157; I Pick. Mass. 596; 8 id. 433; 10 Metc. 451; 1 Yerg. Tenn. 110; 2 Ired. No. C. 346; 5 Humphr. Tenn. 13; 8 Ala. N. s. 48; 3 A. K. Marsh. Ky. 368; 10 Watts, Penn. 168; 2 Blatchf. C. C. 51; 2 Gilm. Va. 322; 5 J. J. Marsh. Ky. 460; 4 Johns. Ch. 343, 2 Parsons, Contr. 107; while marriages valid by the lex loci are sustained, even though incestuous in the lex fori, by statute provisions. 10 Metc. Mass. 451.

In New Hampshire, the exceptions are admitted as fully as in England. 21 N. H. 55. The prevalent American doctrine is that a marriage valid in the state where contracted is good everywhere, even if prohibited by the lex fori or domicilii. But this is otherwise by statute in some states, and decisions in others. Mass. Gen. Stat. 529.

tem of laws which is adopted by all commercial nations, and which, therefore, constitutes a part of the law of the land. See LAW MERCHANT.

LEX REI SITÆ (Lat.). The law of the place of situation of the thing.

2. It is the universal rule of the common law that any title or interest in land, or in other real estate, can only be acquired or lost agreeably to the law of the place where the same is situate, 1 Pick. Mass. 81; 6 id. 286; 1 Paige, Ch. N. Y. 220; 2 Ohio, 124; 1 H. Blackst. 665; 2 Rose, Bank. 29; 2 Ves. & B. Ch. Ir. 130; 5 Barnew. & C. 438; 6 Madd. Ch. 16; 1 Younge & C. Exch. 114; 7 Cranch, 115; 10 Wheat. 192, 465; 6 d. 597; 4 Cow. N. Y. 510, 527; 4 Johns. Ch. N. Y. 460; 1 Gill, Md. 280; 6 Binn. Penn. 559; Story, Confl. Laws, 22 365, 428; and the law is the same in this respect in regard to all methods whatever of transfer, and every restraint upon alienation. 12 Eng. L. & Eq. 206.

3. The lex rei sita governs as to the capacity of the parties to any transfer, whether testamentary or inter vivos, as affected by questions of minority or majority, 17 Mart. 569; of rights arising from the relation of husband and wife, Story, Confl. Laws, 454;

12. As laid down in a recent decision, the English law is that the lex loci, without regard to any question of fraudulent evasion, governs only as to formalities, but if in its essentials the marriage violates the lex domicilii, it is void. 23 Bost. Law Rep. 741. In this decision, the distinction taken in the Massachusetts cases is denied. See, also, Vaugh. 302; 119 Bligh, Hou. L. 127; 8 Paige, Ch. N. Y. Q. B. 205; 4 Johns. Ch. N. Y. 343; 21 N. H. 55. This decision puts marriages on the same footing with other contracts, except in the matter of avoiding formalities by Scotch marriages. This law is certainly open to the objection of respecting the form more highly than the substance of marriage.

The formalities to be observed are those of the lex loci, if any mode available by the parties is provided by that law. 1 Ves. 157; 10 East, 282; 6 How. 550; Bishop, Marr. & D. 138.

13. If no mode is provided, the formalities of the lex domicilii of both parties may be observed. Bishop, Marr. & D. 134; 1 Šim. Ch. 361; Rogers, Eccl. Law, 652; Waddilove, Dig. 238; 11 Clark & F. Hou. L. 85, 152. But the lex domicili governs as to the rights, duties, and obligations arising under a marriage. 5 Barnew. & C. 438.

A marriage invalid where contracted is not necessarily so elsewhere. 2 Hagg. Cons. 389, 390, 423.

Obtaining divorces is governed by the law of the domicil. See DOMICIL.

The law of all acts relating to real property is governed by the lex rei sita. Taking a mortgage as security does not, however, divest the lex loci of its force. See LEX REI SITE.

For lex domicilii, see DOMICIL.

LEX LONGOBARDORUM (Lat.). The name of an ancient code in force among the Lombards. It contains many evident traces of feudal policy. It survived the destruction of the ancient government of Lombardy by Charlemagne, and is said to be still partially in force in some districts of Italy.

LEX MERCATORIA (Lat.). That sys

261; 2 Md. 297; 1 Miss. 281; 4 Iowa, 381, 3 Strobh. So. C. 562; 9 Rich. Eq. So. C. 475; parent and child, or guardian and ward, 2 Ves. & B. Ch. Ir. 127; 1 Johns. Ch. N. Y. 153; 4 Gill & J. Md. 332; 4 Cow. N. Y. 529, n.; 9

Rich. Eq. So. C. 311; 14 B. Monr. Ky. 544; 11 Ala. N. s. 343; 18 Miss. 529; but see 7 Paige, Ch. N. Y. 236; and of the rights and powers of executors and administrators, whether the property be real or personal, 2 Hamm. 124; 8 Clark & F. Hou. L. 112; 4 Mees. & W. Exch. 71, 192; 3 Q. B. 498, 507; 2 Sim. & S. Ch. 284; 3 Cranch, 319; 5 Pet. 518; 15 id. 1; 12 Wheat. 169; 2 N. H. 291; 4 Rand. Va. 158; 2 Gill & J. Md. 493; 5 Me. 261; 11 Mass. 256, 313; 5 Pick. Mass. 65; 10 Cush. Mass. 172; 7 Cow. N. Y. 4; 20 Johns. N. Y. 229; 3 Day, Conn. 74; 1 Humphr. Tenn. 54; 7 Ind. 211; 3 Sneed, Tenn. 55; 8 Md. 517; 10 Rich. So. C. 393; see EXECUTORS; of heirs, 5 Barnew. & C. 451, 452; 6 Bligh, 479, n.; 1 Rob. 627; 9 Cranch, 151; 9 Wheat. 566, 570; 10 id. 192; and of devisee or devisor. Story, Confl. Laws, 474; 14 Ves. Ch. 337; 9 Cranch, 151; 10 Wheat. 192; 37 N. H. 114.

4. So as to the forms and solemnities of the transfer the lex rei sita must be complied with, whether it be a transfer by devise, 2 Dowl. & C. 349; 2 P. Will. 291, 293; 14 Ves. Ch. 537; 7 Cranch, 115; 10 Wheat. 192; 4 Johns. Ch. N. Y. 260; 2 Ohio, 124; 37 N. H. 114; 5 R. I. 112, 413; 2 Jones, No. C. 368; see 4 McLean, C. C. 75, or by conveyance inter vivos, 9 Bligh, Hou. L. 127, 128; 2 Dowl. & C. 349; 1 Pick. Mass. 81; 1 Paige, Ch. N. Y. 220; 11 Wheat. 465; 11 Tex. 755; 18 Penn. St. 170; 12 Eng. L. & Eq. 206; 13 id. 465. So as to the amount of property or extent of interest which may be acquired,

ansferred, 3 Russ. Ch. 328; 2
93, and the question of what is
v. 1 W. Blackst. 234; 2 Burr.
1. 230, 250; 6 Paige, Ch. N. Y.
c. & C. Bank. 704; 2 Salk. 666.
ally, the lex rei sita governs as to
of any such transfer. 4 Sandf.
23 Miss. 42; 22 id. 130; 11 Mo.
N. Y. 305; 2 Bradf. Surr. N. Y.
the disposition of the proceeds,
. L. & Eq. 206. As to the inter-
nd construction of wills, see

ules here given do not apply to
ntracts indirectly affecting real
Ialst. Ch. N. J. 651; Story, Conf.

1, d.

et for the conveyance of lands he lex fori will be enforced in = decree in personam for a conveyunder the lex rei sita. 1 Ves, Ch. ge, Ch. N. Y. 606; Wythe, Va. 135; . N. Y. 213; 6 Cranch, 148. tory foreign contract for the conlands not repugnant to the lex rei be enforced in the courts of the try by personal process. 8 Paige, 201; 23 Eng. L. & Eq. 288; 4

. 266.

ALIONIS (Lat.). The law of rean example of which is given in the ses, an eye for an eye, a tooth for a

e retaliation includes those acts of which correspond to the acts of

nation under similar circumstances.

LEYES DE ESTILLO. In Spanish Law. Laws of the age. A book of expla nations of the Fuero Real, to the number of two hundred and fifty-two, formed under the authority of Alonzo X. and his son Sancho, and of Fernando el Emplazado, and published at the end of the thirteenth century or beginning of the fourteenth, and some of them are inserted in the New Recopilacion. See 1 White, New Recop. p. 354.

of one who is bound in law and justice to do LIABILITY. Responsibility; the state something which may be enforced by action. This liability may arise from contracts either express or implied, or in consequence of torts

committed.

LIBEL. In Practice. The plaintiff's petition or allegation, made and exhibited in a judicial process, with some solemnity of law.

A written statement by a plaintiff of his cause of action, and of the relief he seeks to obtain in a suit. Law, Eccl. Law, 17; Ayliffe, Par. 346; Shelford, Marr. & D. 506; Dunlap, Adm. Pract. 111. It performs substantially the same office in the ecclesiastical courts, and those courts which follow the practice of the ecclesiastical courts, as the bill in chancery and the declaration in common-law practice.

2. The libel should be a narrative, specific, clear, direct, certain, not general nor

alternative. 3 Law, Eccl. Law, 147. It

should contain, substantially, the following requisites: the name, description, and addition of the plaintiff, who makes his demand and writers on international lawy bringing his action; the name, description, and addition of the defendant; the l as to the right of one nation pun-name of the judge, with a respectful designah death, by way of retaliation, the tion of his office and court; the thing or subjects of another nation. In the relief, general or special, which is demanded ates no example of such barbarity een witnessed; but prisoners have in the suit; the grounds upon which the suit

in close confinement in retaliation me conduct towards American priSee Rutherforth, Inst. b. 2, c. 9; aw of Nat. b. 8, c. 1, s. 3, note; 1 m. 93; Wheaton, Int. Law, pt. 4,

ire retaliation includes those acts

is founded.

3. The form of a libel is either simple or articulate. The simple form is when the cause of action is stated in a continuous nar

ration, when the cause of action can be briefly set forth. The articulate form is when the cause of action is stated in distinct allegations or articles. 2 Law, Eccl. Law, 148; Hall, Adm. Pract. 123; 7 Cranch, 349. TERRÆ (Lat.). The law of the The material facts should be stated in distinct e DUE PROCESS OF LAW.

ount to a war.

(Old French; a corruption of loi). or example, Termes de la Ley, Terms aw. In another, and an old techse, ley signifies an oath, or the oath mpurgators: as, il tend sa ley aiu e. Britton, c. 27.

GAGER. Wager of law. An offer an oath denying the cause of action laintiff, confirmed by compurgators which oath used to be allowed in ceres. When it was accomplished, it led the "doing of the law," "fesans Termes de la Leye, Ley; 2 Barnew. ; 3 Bos. & P. 297; 3 & 4 Will. IV. c.

articles in the libel, with as much exactness and attention to times and circumstances as

in a declaration at common law. 4 Mas. C.

C. 541.

4. Although there is no fixed formula for libels, and the courts will receive such an instrument from the party in such form as his own skill or that of his counsel may enable him to give it, yet long usage has sanctioned forms, which it may be most prudent to adopt. The parts and arrangement of libels commonly employed are:

First, the address to the court: as, To the Honorable John K. Kane, Judge of the district court of the United States within and for the eastern district of Pennsylvania.

5. Second, the names and descriptions of

the parties. Persons competent to sue at common law may be parties libellants; and similar regulations obtain in the admiralty courts and the common-law courts respecting those disqualified from suing in their own right or name. Married women prosecute by their husbands, or by prochein ami, when the husband has an adverse interest to hers; minors, by guardians, tutors, or prochein ami; lunatics and persons non compos mentis, by tutor, guardian ad litem, or committee; the rights of deceased persons are prosecuted by executors or administrators; and corporations are represented and proceeded against as at common law.

Third, the averments or allegations setting forth the cause of action. These should be conformable to the truth, and so framed as to correspond with the evidence. Every fact requisite to establish the libellant's right should be clearly stated, so that it may be directly met by the opposing party by admission, denial, or avoidance: this is the more necessary, because no proof can be given, or decree rendered, not covered by and conformable to the allegations. 1 Law, Eccl. Law, 150; Hall, Pract. 126; Dunlap, Adm. Pract. 113; 7 Cranch, 394; 21 How. Pract.

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Interrogatories are sometimes annexed to the libel: when this is the case, there is usually a special prayer, that the defendant may be required to answer the libel, and the interrogatories annexed and propounded. This, however, is a dangerous practice, because it renders the answers of the defendant evidence, which must be disproved by two witnesses, or by one witness corroborated by very strong circumstances.

7. The libel is the first proceeding in a suit in admiralty in the courts of the United States. 3 Mas. C. C. 504.

No mesne process can issue in the United States admiralty courts until a libel is filed, 1 Adm. 7, Rules of the U. S. Supreme Court. The twenty-second and twenty-third rules require certain statements to be contained in the libel; and to those, and the forms in 2 Conkling, Adm. Pract., the reader is referred. And see Parsons, Marit. Law; Dunlap, Adm. Pract.; Hall, Adm. Pract.

In Torts. That which is written or printed, and published, calculated to injure the character of another by bringing him into ridicule, hatred, or contempt. Parke, J., 15 Mees. & W. Exch. 344.

Every thing, written or printed, which reflects on the character of another and is published without lawful justification or excuse, is a libel, whatever the intention may have been. 15 Mees. & W. Exch. 437.

A malicious defamation, expressed either

in printing or writing, and tending either to blacken the memory of one who is dead or the reputation of one who is alive, and expose him to public hatred, contempt, or ridicule. 1 Hawkins, Pl. Cr. b. 1, c. 73, 1; 4 Mass. 168; 2 Pick. Mass. 115; 9 Johns. N. Y. 214; 1 Den. N. Y. 347; 24 Wend. N. Y. 434; 9 Barnew. & C. 172; 4 Mann. & R. 127; 2 Kent, Comm. 13.

It has been defined, perhaps with more precision, to be a censorious or ridiculous writing, picture, or sign made with a malicious or mischievous intent towards government, magistrates, or individuals. 3 Johns. Cas. N. Y. 354; 9 Johns. N. Y. 215; 5 Binn. Penn. 340.

8. There is a great and well-settled distinction between verbal and written slander; and this not only in reference to the consequences, as subjecting the party to an indictment, but also as to the character of the accusations or imputations essential to sustain a civil action to recover damages. To write and publish maliciously any thing of another which either makes him ridiculous or holds him out as a dishonest man, is held to be actionable, or punishable criminally, when the speaking of the same words would not be so. 1 Saund. 6th ed. 247 a; 4 Taunt. 355; 5 Binn. Penn. 219; Heard, Libel & S. 74; 6 Cush. Mass. 75.

9. The reduction of the slanderous matter to writing or printing is the most usual mode of conveying it. The exhibition of a picture intimating that which in print would be libellous is equally criminal. 2 Campb. 512; 5 Coke, 125; 2 Serg. & R. Penn. 91. Fixing a gallows at a man's door, burning him in effigy, or exhibiting him in any ignominious manner, is a libel. Hawkins, Pl. Cr. b. 1, c. 73, s. 2; 11 East, 227.

There is, perhaps, no branch of the law which is so difficult to reduce to exact principles, or to compress within a small compass, as the requisites of a libel.

In the following cases the publications have been held to be actionable. It is a libel to write of a person soliciting relief from a charitable society, that she prefers unworthy claims, which it is hoped the members will reject forever, and that she has squandered away money, already obtained by her from the benevolent, in printing circulars abusive of the secretary of the society. 12 Q. B. 624.

is libellous to publish of the plaintiff that, although he was aware of the death of a person occasioned by his improperly driving a carriage, he had attended a public ball in the evening of the same day. I Chitt. Bail, 480. It is a libel to publish of a Protestant archbishop that he endeavors to convert Roman Catholic priests by promises of money and preferment. 5 Bingh. 17. It is a libel to publish a ludicrous story of an individual in a newspaper, if it tend to render him the subject of public ridicule, although he had previously told the same story of himself. 6 Bingh. 409.

A declaration which alleges tha; the be

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