(I) CONTRACTS THROUGH AGENTS.

Contract of Agency.

RULE 167.- An agent's authority as between himself and his principal is governed by the law with reference to which the agency is constituted, which is in general the law of the country where the relation of principal and agent is created.

Relation of Principal and Third Party.

RULE 168. When a principal in one country contracts in another country through an agent, the rights and liabilities of the principal as regards third parties are, in general, governed by the law of such other country, i. e., the country where the contract is made (lex loci contractus).

CHAPTER XXVI.

MARRIAGE.

(A) VALIDITY OF MARRIAGE.

RULE 169. Subject to the exceptions hereinafter mentioned, a marriage is valid when

(1) each of the parties has, according to the law of
his or her respective domicil, the capacity to
marry the other, and

(2) any one of the following conditions as to the form
of celebration is complied with (that is to say):
(i) if the marriage is celebrated in accordance
with the local form; or

(ii) if the parties enjoy the privilege of ex-ter-
ritoriality, and the marriage is celebrated
in accordance with any form recognised
as valid by the law of the state to which
they belong; or

(iii) if the marriage [being between British subjects?] is celebrated in accordance with the requirements of the English common law in a country where the use of the local form is impossible; or

(iv) if the marriage is celebrated in accordance with the provisions of, and the form required by, the Foreign Marriage Act, 1892, s. 22, within the lines of a British army serving abroad; or

(v) if the marriage being between parties, one of

whom at least is a British subject, is celebrated outside the United Kingdom in accordance with the provisions of, and the form required by, the Foreign Marriage Act, 1892, by or before a marriage officer (such, for example, as a British ambassador or British consul) within the meaning of, and duly authorised to be a marriage officer under, the said Act.

In this Digest, the term "marriage" means the voluntary union for life of one man and one woman to the exclusion of all others.

Exception 1. - A marriage is not valid which is incestuous by the laws of all Christian countries.

Exception 2.- A marriage is not valid if either of the parties, being a descendant of George II., marries in contravention of the Royal Marriage Act, 12 Geo. III. cap. 11.

Exception 3. - A marriage is, possibly, not valid if either of the parties is, according to the law of the country where the marriage is celebrated, under an incapacity to marry the other.

RULE 170. Subject to the exceptions hereinafter mentioned, no marriage is valid which does not comply, both as to the capacity of the parties and the form of celebration, with Rule 169.

Exception 1. A marriage celebrated in England is, possibly, not rendered invalid by the incapacity of the wife according to the law of her domicil to marry the husband, if the husband, being domiciled in England, is by English law under no incapacity to marry the wife.

Exception 2.- A marriage celebrated in England is not invalid on account of any incapacity of either of the parties which, though imposed by the law of his or her domicil, is of a kind to which our Courts refuse recognition. Exception 3.- Any marriage is valid which is made valid by Act of Parlia

ment.

(B) ASSIGNMENT OF MOVABLES IN CONSEQUENCE OF MARRIAGE.

RULE 171.- Where there is no marriage contract or settlement, the mutual rights of husband and wife to each other's movables, whether possessed at the time of the marriage or acquired afterwards, are (subject to the possible exception hereinafter mentioned) governed by the law of the husband's actual [or intended?] domicil at the time of the marriage, without reference to the law of the country (1) where the marriage is celebrated, or

(2) where the wife is domiciled before marriage. The husband's actual [or intended?] domicil at the time of the marriage is hereinafter termed "the matrimonial domicil."

Exception. Where the domicil of the parties is changed after marriage, the mutual rights of husband and wife over each other's subsequently acquired movables are (possibly) governed by the law of their domicil at the time of the acquisition.

RULE 172. Where there is a marriage contract or settlement, the terms of the contract or settlement govern the rights of husband and wife in respect of all movables within its terms which are then acquired or are afterwards acquired.

SUB-RULE 1.-A marriage contract or settlement will, in the absence of reason to the contrary, be construed with reference to the law of the matrimonial domicil.

SUB-RULE 2.- The parties may make it part of the contract or settlement that their rights shall be subject to some other law than the law of the matrimonial domicil, in which case their rights will be determined with reference to such other law.

SUB-RULE 3. The law of the matrimonial domicil will,

in general, decide whether particular property (e. g., any future acquisition) is included within the terms of the marriage contract or settlement.

SUB-RULE 4. The effect or construction of the marriage contract or settlement is not varied by a subsequent change of domicil.

RULE 173. — The mutual rights of husband and wife in respect of succession to movables on the death of the other are, in so far as they are not determined by any marriage contract or settlement, governed by the law of the deceased's domicil at the time of his or her death.

CHAPTER XXVII.

TORTS.

RULE 174. Whether an act done in a foreign country is or is not a tort (i. e., a wrong for which an action can be brought in England) depends upon the combined effect of the law of the country where the act is done (lex loci delicti commissi) and of the law of England (lex fori). RULE 175.- An act done in a foreign country is a tort if it is both

(1) wrongful according to the law of the country where it was done, and

(2) wrongful according to English law, i. e., is an act which, if done in England, would be a tort. RULE 176. An act done in a foreign country is not a tort if it is not both

(1) wrongful according to the law of the country where it was done, and

(2) wrongful according to English law.

SUB-RULE. An act done in a foreign country which, though wrongful under the law of that country at the moment when it was done, has since that time been the subject of an Act of Indemnity passed by the legislature of such country, is not a tort.

CHAPTER XXVIII.

ADMINISTRATION IN BANKRUPTCY.

RULE 177. — The administration in bankruptcy of the property of a bankrupt which has passed to the trustee is governed by the law of the country where the bankruptcy proceedings take place (lex fori).

CHAPTER XXIX.

ADMINISTRATION AND DISTRIBUTION OF DECEASED'S MOVABLES.

(A) ADMINISTRATION.

RULE 178. The administration of a deceased person's movables is governed wholly by the law of the country where the administrator acts, and from which he derives his authority to collect them, i. e., in effect, by the law of the country where the administration takes place (lex fori).

Such administration is not affected by the domicil of the deceased.

In this Rule, the term "administration" does not include distribution.

(B) DISTRIBUTION.

RULE 179. The distribution of the distributable residue of the movables of the deceased is (in general) governed by the law of the deceased's domicil (lex domicilii) at the time of his death.

CHAPTER XXX.

SUCCESSION TO MOVABLES.

(A) INTESTATE SUCCESSION.

RULE 180. The succession to the movables of an in