Extension of Colonial Grant to England.

RULE 121.- Whenever the Colonial Probates Act, 1892, is by Order in Council made applicable to any British possession, i. e., to any part of the British dominions not forming part of the United Kingdom, the grant of probate or letters of administration will on

(1) payment of the proper duty, and

(2) production of the said grant to, and deposition of a copy thereof with, the High Court in Eng

land,

be sealed with the seal of the said Court, and thereupon be of the like force and effect, and have the same operation in England, as an English grant.

RULE 122.

BOOK III.

CHOICE OF LAW.

CHAPTER XVIII.

STATUS.

Transactions taking place in England are

not affected by any status existing under foreign law which either

(1) is of a kind unknown to English law, or

(2) is penal.

RULE 123.- Any status existing under the law of a person's domicil is recognised by the Court as regards all transactions taking place wholly within the country where he is domiciled.

RULE 124. In cases which do not fall within Rule 122, the existence of a status existing under the law of a person's domicil is recognised by the Court, but such recognition does not necessarily involve the giving effect to the results of such status.

CHAPTER XIX.

STATUS OF CORPORATIONS.

RULE 125.-The existence of a foreign corporation duly created under the law of a foreign country is recognised by the Court.

RULE 126. — The capacity of a corporation to enter into any legal transaction is governed both by the constitution of the corporation and by the law of the country where the transaction occurs.

RULE 127.

CHAPTER XX.

FAMILY RELATIONS.

(A) HUSBAND AND WIFE.

The authority of a husband as regards the person of his wife while in England is not affected by the nationality or the domicil of the parties, but is governed wholly by the law of England.

(B) PARENT AND CHILD.

RULE 128.—The authority of a parent as regards the person of his child while in England is not affected by the nationality or the domicil of the parties, but is governed wholly by the law of England.

RULE 129. The rights of a parent domiciled in a foreign country over the movables in England belonging to a minor are, possibly, governed by the law of the parent's domicil, but are more probably governed, while the minor is in England, by the law of England.

(C) GUARDIAN AND WARD.

RULE 130. A guardian appointed under the law of a foreign country (called hereinafter a foreign guardian) has no direct authority as guardian in England; but the Court recognises the existence of a foreign guardianship, and may,

in its discretion, give effect to a foreign guardian's authority over his ward.

RULE 131.— A foreign guardian has, unless interfered with by the Court, control over the person of his ward while in England.

RULE 132. A foreign guardian cannot dispose of movables situate in England belonging to his ward (?).

RULE 133.

is legitimate.

RULE 134. The law of the father's domicil at the time of the birth of a child born out of lawful wedlock, and the law of the father's domicil at the time of the subsequent marriage of the child's parents, determine whether the child becomes, or may become, legitimate in consequence of the subsequent marriage of the parents (legitimatio per subsequens matrimonium).

Case 1.- If both the law of the father's domicil at the

time of the birth of the child and the law of the father's domicil at the time of the subsequent marriage allow of legitimatio per subsequens matrimonium, the child becomes, or may become, legitimate on the marriage of the parents.

Case 2.- If the law of the father's domicil at the time of the birth of the child does not allow of legitimatio per subsequens matrimonium, the child does not become legitimate on the marriage of the parents.

Case 3. If the law of the father's domicil at the time of the subsequent marriage of the child's parents does not allow of legitimatio per subsequens matrimonium, the child does not become legitimate on the marriage of the parents. Provided that a person born out of lawful wedlock cannot be heir to English real estate, nor can any one, except his issue, inherit English real estate from him.

(E) LUNATIC AND CURATOR, OR COMMITTEE.

RULE 135. A foreign decree or commission appointing a person curator or committee of a lunatic resident in a foreign country does not of itself empower the curator or committee to deal with the person or property of the lunatic in England.

RULE 136. If a curator or committee, duly appointed under a foreign decree, applies to the Court to have the person of the lunatic delivered to him, or for the payment to him of money belonging to the lunatic, the Court may in its discretion grant or refuse the application.

CHAPTER XXI.

NATURE OF PROPERTY.

RULE 137.- The law of a country where a thing is situate (lex situs) determines whether

(1) the thing itself, or

(2) any right, obligation, or document connected with the thing

is to be considered an immovable or a movable (??).

CHAPTER XXII.

IMMOVABLES.

RULE 138. All rights over, or in relation to, an immovable (land) are (subject to the exceptions hereinafter mentioned) governed by the law of the country where the immovable is situate (lex situs).

Exception 1.. - The interpretation of a contract with regard to an immovable, and the rights and obligations under it of the parties thereto, are, probably, to be determined in accordance with the proper law of the contract, which need not, though it generally does, coincide with the lex situs. Exception 2. Under Exceptions 1 and 2 to Rule 182 [i. e., under the Wills Act, 1861, sections 1 and 2], a will made by a British subject may (possibly), as regards such immovables in the United Kingdom as form part of his per

sonal estate, be valid as to form, though not made in accordance with the formalities required by the lex situs (??).

Exception 3.- The limitation to an action or other proceeding with regard to an immovable is (probably) governed by the lex fori (?).

CHAPTER XXIII.

MOVABLES.

Capacity.

RULE 139. A person's capacity to assign a movable, or any interest therein, is governed by the law of his domicil (lex domicilii) at the time of the assignment (?). This Rule must be read subject to the effect of Rules 140 and 141.

Assignment of Movables in Accordance with Lex Situs.

RULE 140.- An assignment of a movable which can be touched (goods), giving a good title thereto according to the law of the country where the movable is situate at the time of the assignment (lex situs), is valid.

RULE 141. An assignment of a movable which cannot be touched, i. e., of a debt, giving a good title thereto according to the lex situs of the debt (in so far as by analogy a situs can be attributed to a debt), is valid.

Provided that

(1) the liabilities of the debtor are to be determined by the law governing the contract between him and the creditor;

(2) the right to recover the debt is, as regards all matters of procedure, governed by the lex fori.

RULE 142.- Subject to the exception hereinafter mentioned, and to Rules 140 and 141, the assignment of a movable, wherever situate, in accordance with the law of the owner's domicil is valid.

-

Exception. When the law of the country where a movable is situate (lex situs) prescribes a special form of transfer, an assignment according to the law of the owner's domicil (lex domicilii) is, if the special form is not followed, invalid.