of law; and of choice. Domicile of origin is acquired by a person at the time of birth. If the father was alive at the time of birth the domicile of the child is that of the father, or if dead that of the mother, or if both parents are unknown the domicile is the place where the child was found. Domicile by operation of law is one which arises from the provision of the law. Thus a woman acquires by marriage the domicile of her husband; ambassadors and consuls, when not already resident in the country in which they act, retain the domicile of the country whose interests they represent; and the domicile of a child, until of age or married, is that of the father; in case of his death, of the mother; or, in case of the death of both parents, of the guardian. Domicile of choice arises from the intention of any adult not being a married woman. This intention is either express or implied from circumstances. As a general rule, the place where a person resides is his domicile in the absence of evidence to the contrary; but if he were only on a visit to the place his domicile would remain unaltered. Where a person is married his domicile is usually where his family reside. Where a person has two residences, the one which may be regarded as the head-quarters of his affairs is considered his domicile. Thus the domicile of a landowner is his country seat, and that of a merchant his town residence. Previously to the 24 and 25 Vic., c. 114, a will of personalty must have been executed according to the law of the country where the testator was domiciled at the time of his death, and this is still the rule with regard to persons not British subjects. By that act, however, a will of any British subject dying after the passing of the act (6th August, 1861) is valid in the United Kingdom if made according to the requirements of the act. By the 24 and 25 Vic., c. 121, where a mutual convention is made between Great Britain and any foreign state, a subject of either is not to be considered domiciled in the country of the other until he has been resident in such country for one year immediately before his death,

and such person has deposited in a public office of such country, a declaration in writing of his intention to become domiciled in such country. The legal competency of a person is usually denominated his status. In some countries a person is not deemed of age until 25, while in others majority is attained at 21. Where transactions are complete abroad, and in some respects as to marriage, foreign status is recognised in this country, but on no other occasions.

In regard to property, International Law treats of the law by which it is regulated. The property is either immoveable or moveable. Immoveable property is regulated exclusively by the law of the country where it is situate, although the law of another country may reach it indirectly through a personal remedy against the owner. Moveable property is regulated by the law of the place of the domicile of the owner, but on what principle jurists do not agree. Where a person domiciled in England desires to will real and personal property, situate elsewhere, he should make two wills. The one relating to the real property must be in the form required by the law of the country where the land is situate. The other will relating to the personalty should be made according to English law. If, however, the land is in Scotland care must be taken to use, in the clause in which the land is conveyed, the words give, grant, and dispose, in place of legate or bequeath. The document so disposing of land in Scotland is also liable to a deed stamp duty of £1 15s.; the rule of the Scotch law being, that landed property can only be conveyed by a disposition or deed.

In regard to contracts, the two principal rules are: 1. The validity of the contract is to be determined by the law of the place where the contract was made; and 2. The remedy for a breach of contract is regulated by the lex fori, or law of the country where the action is brought.

In this country marriage is regarded as a contract, and if valid according to the law of the place where made is considered valid here. But where the marriage

P

is between British subjects the marriage to be valid must not have been within the prohibited degrees.

Procedure is regulated by the law of the country where the suit is instituted.

BOOKS OF REFERENCE ON INTERNATIONAL

LAW.

Bentham's Principles of International Law.

Foelix Droit International Privé.

Grotius de Jure Pacis et Belli.

Hazlitt and Roche's Manual of Maritime Law.

Kent's Commentaries on American Law. The chapters

on International Law.

Story's Conflict of Laws.

Wheaton's International Law.

Westlake's Private International Law.

QUESTIONS ON PUBLIC INTERNATIONAL

LAW.

Of States.

Q.-What is the voluntary, what the conventional, and what the customary law of nations?

Q.-State briefly the chief differences between the constitutions of the Swiss Federal Union, of the United States of America, and of the Germanic Confederation ? Q.-What is the difference between a Composite State," and "a System of Confederated States." Give examples of each kind.

Q.-Under what circumstances is a society of men political and independent? Define "Sovereignty." Of what nature do you consider the Sovereignty of the United States of America, and that of the half Sovereign States of the Romano-German Empire ?

Q.-In what sense does Bentham assert that the afflictive power of the sovereign is the limit of his rightful dominion? What theory of the nature of law is assumed in this proposition?

Q.-Define Eminent Domain. What sort of property in the National Territory are Sovereign States deemed by each other to enjoy?

Q. What is the character of the enquiry pursued in the treatise: De Jure Belli et Pacis? By what canons does the author propose to guide himself?

Q.-On what is founded the title of Great Britain to sovereignty over Australia, Jersey, Canada, Ceylon, and the Mauritius ?

Q.-What objections are there to the definition of a