CONTENTS OF VOL. I. PART I. ON THE LAWS OF THE BRITISH COLONIES, AND THE PROCEEDINGS AND PRACTICE ON APPEALS. A preliminary treatise on the several systems of jurisprudence which prevail in the British possessions.-The proceedings and practice by which the decisions of their courts are reviewed on appeal by the judicial committee of the Privy Council... page xiii. CHAPTER I. THE CONFLICT OF LAWS.-HOW IT ARISES.-STATE OF JURISPRUDENCE ON THIS SUBJECT. The municipal law. The limits of its authority.-In what manner the subjects of one state are affected by the laws of foreign states.-The conflict of laws. The necessity of selecting some other law than that of the country in which a claim is contested. A principle adapted to such a conflict not to be traced in the early history of jurisprudence.-Doubted if it prevailed in the civil law. The various coutumes of France gave оссаsion for its application.-Subsequently recognized in other states of Europe.-Early writers, Bartholus, Baldus, Argentræus, Burgundus, Hertius, P. Voet, Froland, Boullenois.-The great merit of the latter.Their classification of laws.-Their controversy in assigning the different laws to their respective classes.-Object of this classification attainable by considering the different subjects which belong to each class.-Personal laws. Real laws.-Mixed laws.-Definitions of each.-General principles. The only laws between which there can be a conflict.-Manner of treating the subjects to which they refer, with a view of ascertaining the appropriate law. p. 1 CHAPTER II. DOMICILE. The law of domicile.-Its influence.-Domicile of birth or origin.-By operation of law.-As of the wife on her marriage. The domicile of children.-Persons born at sea, or on a journey.-Domicile of choice.- Presumptions in favour of the domicile of origin.-Change of domicile.Definitions of domicile.-How new domicile acquired.-Abandonment of acquired domicile, and no new domicile fixed.-Domicile in respect of acceptance of office.-What offices necessarily effect a change.-Code Civil. p. 32 CHAPTER III. SECTION 1.-LEGITIMACY. The different qualities and capacities constituting civil status.-Legitimacy and illegitimacy.—By birth.—Rule Pater est quem nuptiæ demonstrant.— Exceptions to the rule.-Physical impossibility.-Utero-gestation.-Civil law, &c.-Law of France.-England.-Lord Coke's doctrine.-Claim to the Gardner peerage. Moral impossibility. Civil law.-Law of France. -Of England.-Banbury peerage case.-Evidence.-Certificates of registry. Acts of birth and marriage. — Enjoyment of corresponding status.-Civil law.-Law of England.-France.-How far any of these principles are obligatory in foreign courts.-Actiones præjudiciales; or Suits on status.-Sentences therein. SECTION II. LEGITIMATION. P. 57 Legitimation, per subsequens matrimonium.-Under the civil law.-Canon law. The fiction which is adopted.-Essential that there should be no impediment to the marriage.-At what period the absence of such impediment must exist. The removal of the impediment.-Its effect.-Intervening marriage.-How far the issue of such marriage is affected by the subsequent marriage.-Effects of this legitimation in giving to the issue all the rights of children legitimate by birth.-Extends to grandchildren whose parents are dead at the marriage of their grandfather and grandmother. Legitimation by the letters of the sovereign, or ex rescripto principis.—In what respects it differs from the preceding legitimation. SECTION III. LEGITIMATION. p. 92. Possible conflict between the law of the domicile of origin and that of the actual domicile, or that of the situs of property, in consequence of the one law admitting, and the other rejecting, legitimation per subsequens matrimonium.-The law which ought to be adopted when the question regards the succession to real and personal estate..... p. 101. CHAPTER IV. MAJORITY. Age of majority by the Civil Law.-Puberes.-Impuberes.-Coutumes of Paris. -Normandy.-Code Civil.-Law of Spain, Holland, Germany, Saxony, United States, England, Scotland.-The period when minority ceases.The venia ætatis.-Lettres de benefice d'âge.-Emancipation under the Code Civil.-Marriage rendering the husband a major absolutely or partially. -If the law of the domicile of origin differs from that of the actual domicile in fixing the age of majority, the law of the latter to be adopted.The lex loci rei sitæ, if it differs from the law of the domicile, is to be adopted, if the question regards the capacity to alienate real propeoty.— Conflict between the lex loci contractus and that of the domicile... p. 113 CHAPTER V. SECTION 1.-CONTRACT OF MARRIAGE. Requisites to its validity.-Consent.-Force, fraud, fear, mistake.-Capacity. -Impediments.-Mental incapacity.-Impotency.-Want of age.-Want of parents' consent.-Under the civil law.-Former law of France.-Code Civil.—Law of Holland, Spain, England before the Marriage Act.— under the present Marriage Act of England.-Law of Scotland, Ireland, Colonies.-Impediments of consanguinity and affinity.-A second marriage, the husband or wife of prior marriage being still alive.-The absence of either for a certain length of time.-Effect of under the civil law. The law of England.-Putative marriages. SECTION II. THE MARRIAGE CONTRACT. p. 135 Solemnities essential to its validity.-According to the civil law.-In England according to the present Marriage Act.-Before the Marriage Act of 1753. Marriages in the British colonies.-In ambassadors' chapels.Factories. In countries occupied by a hostile army.—Ireland.-Isle of Man.-Scotland.-British Guiana, Ceylon, and the Cape.-Former law of France. Lower Canada.-St. Lucia.-Code Civil.-Mauritius.-Marriages void and voidable.-When the right of annulling void marriages ceases. P. 153. SECTION III. THE MARRIAGE CONTRACT. The validity of the contract is decided by the lex loci contractus.-This_rule considered as jus gentium.-The evils resulting from any other rule.— Exceptions to it when the lex loci contractus violates the precepts of the Christian religion or public morals.-Polygamy.-Incest.-Marriages which in some countries are incestuous and void, in others are valid.Resort by persons to another country, to evade a law in their own country, by which their marriage was prohibited. The nature of this exception. Marriages in Scotland by English subjects do not contravene the prinple on which this exception rests.-The Code Civil.-The law of Holland.-The Royal Marriage Act.-How far these laws affect marriages contracted in foreign countries in contravention of their enact ments. P. 184 CHAPTER VI. SECTION 1.-HUSBAND AND WIFE. PERSONAL POWERS AND Personal capacities incident to the status.-According to the law of England.-Autorisation maritale essential to the validity of the acts of the feme. -Whether it may be implied, and in what cases.-When dispensed with. -State of the law in these respects in Ireland, Isle of Man, and in the principal British West India Colonies.-Under the coutumes of Paris and Normandy. In Lower Canada.-Code Civil.-Mauritius.-Holland.— British Guiana.-Cape.-Ceylon.—Spain.-Trinidad.-United States.— Scotland.-Senatus Consultum Velleianum.-Agreements in derogation of these conjugal rights and obligations.-To what extent admitted. p. 201 SECTION II. THE LAW WHICH DECIDES ON THE CIVIL CAPACITIES AND INCAPACITIES INCIDENT TO THE STATUS. The law of the country in which the marriage was contracted, is not adopted, in deciding on the marital authority and the wife's incapacity.-Conflict between that law, and the laws of the husband and wife's domiciles before marriage, or the domicile after marriage.-Law of the wife's domicile not adopted, unless it becomes that of the husband.-The husband's domicile before, or at the time of, marriage.-Domicile matrimonial.-On a change of domicile the law of the actual domicile prevails.-The law in which the SECTION 1.-EFFECT OF MARRIAGE ON THE PROPERTY OF THE Rights and powers of the husband and wife over the property of each other, as incident to their marriage.-Under the civil law. The husband's power and interest, extended only to a part of the wife's property, Dos, Bona dotalia, Paraphernalia, Receptitia.-A part only of the husband's property subject to the marriage, Donatio propter nuptias, or antidos, Bona antidotalia, and Bona non antidotalia.-Restitution of Bona dotalia, and Bona antidotalia on the dissolution of the marriage.-Sole and absolute power retained by the wife over her Bona Paraphernalia, et Receptitia, and by the husband over Bona non antidotalia.-Pacta dotalia.-Donationes THE FORMER LAW OF HOLLAND, AND THE PRESENT LAW OF BRITISH GUIANA, THE CAPE OF GOOD HOPE, AND CEYLON. Communio bonorum.-Description of. From what time it takes effect.-Pro- perty comprised in it.-Communio quæstuum.-The debts and charges to which it is liable.-The communio damni.-The administration or manage- ment of the property in community.-The powers of alienation which, stante matrimonio, may be exercised.-Soluto matrimonio, the community ceases. Circumstances under which it may be continued.-The division of the property on its termination.—Renunciation.-Dos pacta dotalia, EFFECT OF MARRIAGE ON THE PROPERTY OF THE HUSBAND AND WIFE, IN LOWER CANADA AND ST. LUCIA UNDER THE COUTUME OF PARIS, AND IN THE MAURITIUS UNDER THE CODE CIVIL. La communanté des biens under the coutume of Paris.-Le régime de la com- munauté under the Code Civil.-When it commenced.-Of what it con- sisted.-En actif, or the property which was subject to it.-En passif, or the debts, &c., with which it was chargeable.-The rights of the husband and wife in respect of the administration or alienation of the property, either in community, or which belonged to the wife, and was excluded from it. The dissolution of the community.-The rights of acceptance or renunciation.-The continuance of the community. Of the liquidation and division of the property.-The rights and liabilities thereon of the conjoints and their heirs.-Douaire.-Le régime dotal under the Code Civil.-Donations between husband and wife.-Second marriages.-Com- EFFECT OF MARRIAGE ON THE PROPERTY OF THE HUSBAND AND Classification of property.-Bienes dotales.-Dote, husband's powers in lation to it. Bienes parafernales. - Bienes Contradotales. Arras.— Bienes proprios.-Bienes communes. Ganancias, rights and interests of consorts therein.-Extent of the liability of husband and wife for the debts of each other.-Order in council.-Acceptance or renunciation of Ganancias by the wife.-Continuation of Community.-Donations between husband and wife.-Order in Council.-Second marriages. EFFECT OF MARRIAGE ON THE PROPERY OF THE HUSBAND AND WIFE UNDER THE LAW OF SCOTLAND. Communion of goods.-Property of which it consists.-Jus mariti.-Hus- band's interest in the wife's real estate.-Curtesy.-The wife's interest in the husband's estate.-Terce.-Wife's power over her own estate, stante matrimonio.-Extent of the liability of the husband and wife for each other's debts.-Distinction between conjunct fees to husband and wife, and to strangers. Donation inter conjuges.-Dissolution of the marriage.-The EFFECT OF MARRIAGE ON THE PROPERTY OF THE HUSBAND AND WIFE Husband's interest in, and power over, the wife's personal estate. Her choses in action, legal and equitable.-Wife's equity for a settlement.— Husband's interest in, and power over, her chattels real.-Her real estate.-Leases of and charges on it. Her right to exoneration out of the husband's estate.-Husband's curtesy.-Special custom in gavelkind lands.-Wife's interest in husband's real estate.-Dower.-Free bench.- Wife's power over her real estate.-Liability of husband for wife's debts.-Construction peculiar to gifts and devises in favour of the husband and wife.-Wife's separate property, and her power over it.- Pin-money. Paraphernalia.-Jointure. Testamentary provisions in bar of dower.-Ante-nuptial settlements.-Gifts or other dispositions of the EFFECT OF MARRIAGE ON THE PROPERTY OF THE HUSBAND AND WIFE, UNDER THE LAWS OF THE COLONIES, ISLE OF MAN, AND The law of England is followed by the greater number of the Colonies.- The exceptions are, Barbadoes, as to the wife's title to dower.-Antigua, St. Kitt's, Nevis, Montserrat, and Grenada, as to the manner in which it may be barred by devise.—In Jamaica, slaves subject to husband's |
