CHAPTER XII. JURISDICTION IN ACTIONS IN PERSONAM. RULE 80. — In an action in personam in respect of any cause of action, the Courts of a foreign country have jurisdiction in the following cases : Case 1.-Where at the time of the commencement of the action the defendant was resident [or pres ent?] in such country, so as to have the benefit, and be under the protection, of the laws thereof. Case 2.- Where the defendant is, at the time of the judgment in the action, a subject of the sovereign of such country. Case 3.- Where the party objecting to the jurisdiction of the Courts of such country has, by his own conduct, precluded himself from objecting thereto (a) by appearing as plaintiff in the action, or (b) by voluntarily appearing as defendant in such action without protest, or (c) by having expressly or impliedly contracted to submit to the jurisdiction of such Courts. RULE 81. In an action in personam the Courts of a foreign country probably do not acquire jurisdiction either (1) from the mere possession by the defendant at the commencement of the action of property locally situate in that country, or (2) from the presence of the defendant in such country at the time when the obligation in respect of which the action is brought was incurred in that country. CHAPTER XIII. JURISDICTION IN ACTIONS IN REM. RULE 82.—In an action or proceeding in rem the Courts of a foreign country have jurisdiction to determine the title to any immovable or movable within such country. CHAPTER XIV. JURISDICTION IN MATTERS OF DIVORCE AND AS REGARDS VALIDITY OF MARRIAGE. I. DIVORCE. (A) WHERE COURTS HAVE JURISDICTION. RULE 83.- Subject to the possible exception hereinafter mentioned, the Courts of a foreign country have jurisdiction to dissolve the marriage of any parties domiciled in such foreign country at the commencement of the proceedings for divorce. This Rule applies to (1) an English marriage, Exception. The Courts of a foreign country, possibly, have no jurisdiction to dissolve an English marriage for any cause for which a divorce could not be obtained in England (??). (B) WHERE COURTS HAVE NO JURISDICTION. RULE 84.-Subject to the possible exception hereinafter mentioned, the Courts of a foreign country have no jurisdiction to dissolve the marriage of parties not domiciled in such foreign country at the commencement of the proceedings for divorce. Exception. The Courts of a foreign country, where the parties to a marriage are not domiciled, possibly, have jurisdiction to dissolve their marriage, if the divorce granted by such Courts would be held valid by the Courts of the country where the parties are domiciled. II. VALIDITY OF MARRIAGE. RULE 85.—The Courts of a foreign country have (semble) jurisdiction to determine the validity of any marriage celebrated in such country (?). CHAPTER XV. JURISDICTION IN MATTERS OF ADMINISTRATION AND SUCCESSION. RULE 86.- The Courts of a foreign country have jurisdiction to administer, and to determine the succession to, all immovables and movables of a deceased person locally situate in such country. This jurisdiction is unaffected by the domicil of the deceased. RULE 87.—The Courts of a foreign country have jurisdiction to determine the succession to all movables wherever locally situate of a testator or intestate dying domiciled in such country. CHAPTER XVI. EFFECT OF FOREIGN JUDGMENTS IN ENGLAND. I. GENERAL. (i) No Direct Operation. RULE 88.- A foreign judgment has no direct operation in England. This Rule must be read subject to the effect of Rule 101. (ii) Invalid Foreign Judgments. RULE 89. Any foreign judgment which is not pronounced by a Court of competent jurisdiction is invalid. Whether a Court which has pronounced a foreign judg ment is, or is not, a Court of competent jurisdiction in respect of the matter adjudicated upon by the Court is to be determined in accordance with Rules 76 to 87. The validity of a foreign judgment is not, in general, affected by the fact that the Court which pronounces the judgment is not a proper Court (?). RULE 90.- A foreign judgment is invalid which is obtained by fraud. Such fraud may be either— (1) fraud on the part of the party in whose favour the judgment is given; or (2) fraud on the part of the Court pronouncing the judgment. RULE 91.-A foreign judgment is, possibly, invalid when the Court pronouncing the judgment refuses to give such recognition to the law of other nations as is required by the principles of private international law (?). RULE 92. A foreign judgment may sometimes be invalid on account of the proceedings in which the judgment was obtained being opposed to natural justice (e. g., owing to want of due notice to the party affected thereby). But in such a case the Court is (generally) not a Court of competent jurisdiction. RULE 93. A foreign judgment shown to be invalid under any of the foregoing Rules, 89 to 92, is hereinafter termed an invalid foreign judgment. RULE 94.- An invalid foreign judgment has (subject to the possible exception hereinafter mentioned) no effect. Exception. An invalid foreign judgment in rem may possibly have an effect in England as an assignment, though not as a judgment. (iii) Valid Foreign Judgments. RULE 95.- A foreign judgment, which is not an invalid foreign judgment under Rules 89 to 92, is valid, and is hereinafter termed a valid foreign judgment. RULE 96.- Any foreign judgment is presumed to be a valid foreign judgment unless and until it is shown to be invalid. RULE 97. A valid foreign judgment is conclusive as to any matter thereby adjudicated upon, and cannot be impeached for any error either (1) of fact, or (2) of law. RULE 98. A valid foreign judgment has the effects stated in Rules 99 to 105; and these effects depend upon the nature of the judgment. II. PARTICULAR KINDS OF JUDGMENTS. (A) JUDGMENT in Personam. (a) As Cause of Action. RULE 99. Subject to the possible exception hereinafter mentioned, a valid foreign judgment in personam may be enforced by an action for the amount due under it if the judgment is (1) for a debt, or definite sum of money, and (2) final and conclusive, but not otherwise. Provided that a foreign judgment may be final and conclusive, though it is subject to an appeal, and though an appeal against it is actually pending in the foreign country where it was given. Exception. An action (semble) cannot be maintained on a valid foreign judgment if the cause of action in respect of which the judgment was obtained was of such a character that it would not have supported an action in England (?). SUB-RULE. A valid foreign judgment does not of itself extinguish the original cause of action in respect of which the judgment was given. (b) As Defence. RULE 100.- A valid foreign judgment in personam, if it is final and conclusive on the merits (but not otherwise), is a good defence to an action for the same matter when |