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ma from their tenor, it must be No. C. 303;
Time entered into with a view Mass. 336. Other state. 13 Mass. 1.
As between sajta arises where the place of place of perte
indiferent from the place of formance is al 1 Cor. 1. & Eq 433; 17 Johns. performance Pato; 9 La. Ann. 186; 13 pretation, etc
154; 1 Gall.
DE BOT be incurred under the 456; 13 id.
ced there is means of enforcing, N. Y. 261; Ý
thy and which may be enforced 5 McLean, C LOREET
. I Barnew. & Ad. 284; : 7 B. Mour.
Jobos. N. Y. 345 ; 1 Pet. 157; 4 Gilm. is.C.C.376; 10 Wheat. 1; Henry, 159; 7 Ohio, 1 bor , 11-40; Story, Conf. Laws, % 459 ; Story,
Tex. 54. sa itilege created by the ler loci
Where t! wat de entered wherever the pro- generally, t the fund, 8 Mart. 95; 5 La. 295; governs. Si Lage 192, 402; but not neces. F. Hou, L. lenge to claims arising under Metc. Mais i Crauch, 289, 298 ; 12 Wheat. C. 107; 17
of entering into the contract had the law of C. C. 459 ; 13 Pet. 65, 78; 2 Johns. Cas. N.
3. The validity or invalidity of a contract renes the policy. 2 Bingh. 314; 2 Sim. Ch. as affected by the lex loci may depend upon 194; 1 Turn. & R. 299; 1 Dowl. & C. 342; the capacity of the parties or the legality of 16 Johns. N. Y. 438 ; 5 Harr. Del. 31 ; 1 the act to be done.
Green, Ch. N. J. 326; 17 Ga. 253. In this The capacity of the parties as affected by connection, it is held generally that the claims questions of minority or majority, incapa- of citizens are to be preferred to those of cities incident to coverture, guardianship, foreigners in case of a conflict of rights. Asemancipation, and other personal qualities or signments, under the insolvent laws of a disabilities, is to be decided by the law of foreign state, are usually held inoperative as the place of making the contract. Story, against claims in the state in regard to perConf. Laws, & 103; I Grant, Cas. Penn. 51. sonal property in the jurisdiction of the lex
The question of disability to make a con- fori. 1 Green, Ch. N. J. 326; 5 Harr. Del. tract on account of infancy is to be decided 31; 32 Miss. 246; 13 La. Ann. 280; 21 Barb. by the lex loci. 3 Esp. 163, 597; 17 Mart. La. N. Y. 198; but see 12 Md. 54; 13 id. 392. 597; 8 Johns. N. Y. 189; 1 Grant, Cas. Penn. Or violates a positive law of the lex fori. The 51; 2 Kent, Comm. 233.
application of the lex loci is a matter of So, also, as to contracts made by married comity; and that law must, in all cases, yield
Al. 72; 8 Johns. N. Y. 189; 13 La. to the positive law of the place of seeking the 177; 5 East, 31; 2 Parsons, Contr. 84, 111. remedy. 13 Mass. 6; 18 Pick. Mass. 193;
4. Personal disqualifications not arising 1 Green, Ch. N. J. 326; 12 Barb. N. Y. 631; from the law of nature, but from positive 17 Miss. 247. See 10 N. Y. 53. law, and especially such as are penal, are 7. The interpretation of contracts is to be strictly territorial, and are not to be enforced governed by the law of the country where in any country other than that where they the contract was made. Dougl. 201, 207; 2 originate. Story, Confl. Laws, 8l 91, 92, 104, Barnew. & Ad. 746; 6 Term, 224; 1 Bingh. 620–625; 2 Kent, Comm. 459.
n. c. 151-159; 1 Barnew. & Ad. 284; 10 Slavery works no incapacity in those coun- Barnew. & C. 903 ; 2 Hagg. Cons. 60, 61; 8 tries or states where its existence is not recog- Pet. 361 ; 13 id. 378; 30 Ala. N. s. 253; 4 nized by positive law, and the lex loci con- McLean, C. C. 540 ; 2 Sharswood, Blackst. tractus is to determine capacity in this respect. Comm. 141; Story, Confl. Laws, $ 270; 20 Howell, St. Trials, 1-15; Dowl. & R. 679; Chitty, Bills, 474. Coke, Litt. 79 b; 17 Mart. La. 598; 9 Am. The lex loci governs as to the formalities Jur. 490; 4 Wash. C. C. 390 ; 7 Serg. & R. and authentication requisite to the valid exPenn. 378; Story, Conf. Laws, % 96 a. ecution of contracts. Story, Confl
. Laws, al Natural disabilities, such as insanity, im- 123, 260; 11 La. 14; 2 hili, N. Y. 227 ; 37 becility, etc., are everywhere recognized, so N. H. 86; 30 Vt. 42. But in proving the that the question whether they are controlled existence of, and seeking remedies for, the by the lex loci or lex domicilii seems to be breach, as well as in all questions relating theoretic rather than practical. On principle, to the competency of witnesses, course of prothere seems to be no good reason why they cedure, etc., the lex fori must govern. 11 should come under a different rule from the Ind. 385; 9 Gill, Md. 1; 17 Penn. St. 91; positive disabilities.
18 Ala. n. S. 248; 4 McLean, C. C. 540; 3 5. The legality or illegality of the contract id. 545; 5 How. 83; 6 Humphr. Tenn. 75; will be determined by the lex loci, unless it 17 Conn. 500; 9 Mo, 56, 157; 4 Gilm. Va. affects injuriously the public morals or rights, 521 ; 26 Barb. N. Y. 177 ; Story, Conf. Laws, contravenes the policy or violates a public 28 567, 634. law of the country where it is sought to be 8. The lex loci governs as to the obligation enforced. 2 Kent, Comm. 458.
and construction of contracts, 11 Pick. Mass. A contract illegal by the law of the place 32 ; 8 Vt. 325 ; 12 N. H. 520; 12 Wbeat. of its making and performance will generally 213; 2 Keen, 293; 1 Bos. & P. 138; 12 be held so everywhere. 1 Gall. C. Č. 375; 2 Wend. N. Y. 439; 22 Barb. N. Y. 118; 13 Mass. 88, 89; 2 N. H. 42; 5 id. 401; 2 Mas. Mart. La. 202; 14 B. Monr. Ky. 556; 15
If the col Hintape from the performance of a one state ? ma olen tbe lez listi is a discharge affected by pot 3 Mase
. 509; 13 id. 1, 7; 7 Monr. Kv. Liga 1: 4 Wheat
. 122, 209; 12 id. In cases LOC. 161; 2 Blackf. Ind. 394; ' every indo x \ I 14; 24 Wend. N. Y. 43; 2 place of ea sine. A distinction is to be tus. 2 K ... preto discharging a contract and 128; 17 J
unit the remer for a breach. 3. 2018; 13.! w; 5 id. 578; 4 Conn. 47; 14 436; 17 1
U Mat. 347; & Pick. Mass. 194;1 The nl z id;? Blackf. Ind. 391; 9 X.HI, tus, hower
See 19.1. o kalicting decisions has arisen lcd States courts, and the courts of garded as Le ta, upon the insolrent laws of 130; 1 Q aute. The prineiple deducible 111; 12 32 srity of the cases would seem to Mete. Mi Antrent laws of most states must Lean, ('. skel only as afecting the remedy in 290; 1% and the state where obtained, as be- MISSORY 2009 and foreigners, but both as a
11. T in ad deprivation of remedy, as be- as that of
a ó How, 295; 12 Metc. Mass. wise.
I 110; 1 Woodb. & M. C. C. 115; Md. 392 clem.32. See 3 Gray, Mass. 551. see 1 loze lin'tations apply to the remedy,
TORTE es discharge the debt. 11 Wheat. tortious Bar, ; 20 Pick. Mags. 310; 11 the plac
! Wass, 55 ; ? Paine, C. C. 437; 2 395; 1 | 1.71; 6 N. H. 557; 6 Vt. 127; 8 6307.
But see 5 Clark & F. Hou. Varr B. Monr. Ky. 513; 2 Tex. 414. everyw 1 ITATORE, STATUTE OF.
1. A question of some dificulty often nant to santa rhere the locus contractus is, in the lave suf (entracts made partly in one coun- be enti !!!D, and partly in another, or made in Thin 1 country to be performed in an- Englan < vbere the contract in question is Cous. is my a principal contract.
Stark, has contract is made partly in one Law shayad partly in another, it is a contract thous u tom ubere the assent of the parties cil for sestry and becomes complete. 2 Par- ! The 2. vez. 4; ET N. H. 217, 244; 11 Ired. i marr
be No. C. 303; 3 Strobh. So. C. 27; I Gray,
Mass. 336. 1. As between the place of making and the of place of performance, where a place of perof formance is specified, the law of the place of ns. performance governs as to obligation, inter13 pretation, etc. 5 East, 124; 3 Caines, N. Y.
154; 1 Gall. C. C. 371; 12 V't. 618; 12 Pet. the | 456 ; 13 u. 65; 1 Hlow. 182; 8 Paige, Ch. ing: N. Y. 261; 8 Johns. N. Y. 189; 17 id. 511; ed 5 McLean, C. C. 448; 27 Vt. 8; 14 Ark. 189; 1;,7 B. Monr. Ky. 575; 8 od. 306; 9 Mo. 50, Pet. 157; 4 Gilm. Va. 521; 21 Ga. 135; 30 Miss. ry, 59; 7 Ohio, 134; 4 Mich. 450 ; 2 Kent, Comm. 8, 8 459; Story, Conil. Laws, & 233. But see 11
Tex. 54. loci Where the contract is to be performed pro generally, the law of the place of making 295; governs. 2 Barnew. & Ald: 301; 5 Clark & -les-F. Hou. L. 1, 12; 1 Barnew. & C. 16; 1 nder Metc. Mass. 2; 6 Cranch, 221; 6 Ired. No. neat. C. 107; 17 Miss. 220.
If the contract is to be performed partly in of a one state and partly in another, it will be arge affected by the law of both states. 14 B. 1; 7 Monr. Ky: 556. 2 id. In cases of indorsement of negotiable papier, 394; every indorsement is a new contract, and the 3; 2 place of each indorsement is its locus contrac• be tus. 2 Kent, Comm. 460; Prec. in Chane. and | 128; 17 Johne. N. Y. 511; 9 Barnew. & C.
3 : 208; 13 Mass. 1; 25 Ala. N. s. 139; 19 N. Y. : 14 436; 17 Tex. 102. 194:
The place of payment is the locus contrac. II. tus, however, as between indorsee and drawer.
See 19 N. Y. 136. risen The place of acceptance of a draft is reits of garded as the locus contractus. 3 Gill, Md. ws of 130; 1 Q. B. 43 ; 1 Cow. N. Y. 103; 4 Pet. cible 111; 12 Wend. N. Y. 439; 6 Du. N. Y. 3+; 8 om to Metc. Mass. 107; 4 Dev. No. C. 124; 6 Mcmust Lean, C. ('. 622; 9 Cush. Mass. 46; 13 N. Y. cly in ' 290 ; 18 Conn. 138; 17 Miss. 220. See l'ROas be- MISSORY Notes; Bills or EXCHANGE.
11. The lex loci is presumed to be the same as be- 'as that of the forum, unless shown to be otherMans, i wise. 46 Me. 247; 13 La. Ann. 673; 13 . 115; Md. 392; 9 Gill, Md. 1; 4 lowa, 464. But 1, 551. see 1 lowa, 388. medy, Torts. Damages for the commission of a heat. tortious act are to be measured by the law of 0; 11 the place where the act is done. 1 P. Will. 37; 2 395; 1 Pet. C. C. 225 ; Story, Confl. Laws, 27; 8,307. · Ilou. Marriage, if valid where contracted, is valid .. 414. everywhere, unless where it works some mani
fest injustice, is contra bonos mores, or repug. often nant to the settled principles and policy of i is, in the laws of the country where it is sought to coun- be enforced. inde in This is understood to be the doctrine in in an England, Buller, Nisi P. 114; 2 Hagk. tion is cons. 414, and note; 1 Ves. Ch. 159; 3
Stark. 178; 9 Bligh, Hou. L. 129 ; 29 Am. in one Law Jour. 97; 23 Bost. Law Rep. 741 ; even ontract though the parties may have left their domiparties cil for the purpose of evading the statute. 2 Par- The exceptions to the validity of a foreign 1 Ired. marriage are understood to be, in the United
28; 2 LEYES DE ESTILLO. In Spanish hat is Law. Laws of the age. A book of explaBurr. nations of the Fuero Real, to the number of
N. Y. two hundred and fifty-two, formed under the k. 666. authority of Alonzo X. and his son Sagetu, s as to and of Fernando el Emplazado, and pubSandf. lished at the end of the thirteenth century 11 Mo. or beginning of the fourteenth, and some of . N. Y. them are inserted in the New Recopilaciun. oeeeds, See 1 White, New Recop. p. 354.
LIABILITY. Responsibility; the state
of one who is bound in law and justice to do pply to
something which may be enforced by action.
This liability may arise from contracts either - Contl. express or implied, or in consequence of torts
committed. f lands LIBEL. In Practice. The plaintiff's reed in petition or allegation, made and exhibited in convey a judicial process, with some solemnity of law,
8. Ch. A written statement by a plaintiff of his a. 135; cause of action, and of the relief he seeks to
obtain in a suit. Law, Eccl, Law, 17; Ayliffe, the con- Par. 346 ; Shelford, Marr. & 1.506; Dunlap, e lex rer Adm. Pract. 111. It performs substantially
of the the game office in the ecclesiastical courts, & Paige, and those courts which follow the practice of 288; 4 the ecclesiastical courts, as the bill in chan
cery and the declaration in common-law pracw of re
2. The libel should be a narrative, speen in the oth for a
cifie, clear, direct, certain, not general nor
alternative. 3 Law, Eccl. Law, 147. It Ee acts of should contain, substantially, the following e acts of requisites: the name, description, and addiinstances,
tion of the plaintiff, who makes his demand nal law by bringing his action ; the name, descrip
tion, and addition of the defendant; the ition, the
name of the judge, with a respectful designa1. In the tion of his office and court; the thing or barbarity
relief, general or special, which is demanded ners have
in the suit; the grounds upon which the suit etaliation
is founded, rican pri
3. The form of a libel is either simple or 2, c. 9;
articulate. The simple form is when the - pote; 1 cause of action is stated in a continuous nar
ration, when the cause of action can be -aw, pt. 4,
briefly set forth. The articulate form is Lhose acts
when the cause of action is stated in distinct allegations or articles. 2 Law, Eccl. Law,
148; Hall, Adm. Pract. 123 ; 7 Cranch, 319. aw of the The material facts should be stated in distinct
articles in the libel, with as much exactness on of loi).
and attention to times and circumstances as
in a declaration at common law. 4 Mas. C. old tech
C. 541. or the oath
4. Although there is no fixed formula for
libels, and the courts will receive such an insa ley aiu
strument from the party in such form as his
own skill or that of his counsel may enable . An offer him to give it, yet long usage has sanctioned e of action forms, which it may be most prudent to adopt. purgators The parts and arrangement of libels comed in cer- monly employed are: plished, it First, the address to the court: as, To "* "* fesans the Honorable John K. Kane, Judge of the 2 Barnew. district court of the United States within Will. IV. c. and for the eastern district of Pennsylvania.
5. Second, the names and descriptions of
de pulty of “sharp practice," which of the prosecution, to prove any
ir darged the plaintif
, an attorney, the offence, and it is unnecessary
disreputable practice, from which malice may be inter was likele imputation. 4 Mees. & allegation, however false and to
tained in answers to interrogu A ly pabilisation which has a tendency davits duly made, or any othe des publie peace
, or good order of in courts of justice or petition
d' Ajs Professor Greenleaf, “by 807; Hawkins, Pl.Cr. b. 1. c.7e,
, murabits, and gud order; or wan- CEEDINGS.
nabe up the general system of the Crim. Law, 875; or is subject
, or may be pursued at the sar
LIBEL OF ACCUS
Scotch Law. The instrur a sus er pictures, tending either to
& crime. Libels are of twi y mariom of one who is living, and
Every libel assumes the forn
the parties. Persons competent to sue at in printing or writing, and tending either to common law may be parties libellants; and blacken the memory of one who is dead or similar regulations obtain in the admiralty the reputation of one who is alive, and expose courts and the common-law courts respecting him to public hatred, contempt, or ridicule. those disqualified from suing in their own 1 Hawkins, Pl. Cr. b. 1, c. 73, 81; 4 Mass. right or name. Married women prosecute 168; 2 Pick. Mass. 115; 9 Johns. N. Y. 214; by their husbands, or by prochein ami, when 1 Den. N. Y. 347; 24 Wend. N. Y. 434; 9 the husband has an adverse interest to hers; Barnew. & C. 172; 4 Mann, & R. 127; 2 minors, by guardians, tutors, or prochein Kent, Comm. 13. ami; lunatics and persons non compos mentis, It has been defined, perhaps with more by tutor, guardian ad litem, or committee; precision, to be a censorious or ridiculous the rights of deceased persons are prosecuted writing, picture, or sign made with a maliby executors or administrators; and corpo cious or mischievous intent towards governrations are represented and proceeded against ment, magistrates, or individuals. 3 Johns. as at common law.
Cas. N. Y. 354; 9 Johns. N. Y. 215; 5 Binn. Third, the averments or allegations set- Penn. 340. ting forth the cause of action. These should 8. There is a great and well-settled disbe conformable to the truth, and so framed tinction between verbal and written slander; as to correspond with the evidence. Every and this not only in reference to the consefact requisite to establish the libellant's right quences, as subjecting the party to an indictshould be clearly stated, so that it may be ment, but also as to the character of the directly met by the opposing party by admis accusations or imputations essential to sussion, denial, or avoidance: this is the more tain a civil action to recover damages. To necessary, because no proof can be given, or write and publish maliciously any thing of decree rendered, not covered by and con- another which either makes him ridiculous formable to the allegations. 1 Law, Eccl. or holds him out as a dishonest man, is held Law, 150; Hall, Pract. 126; Dunlap, Adm. to be actionable, or punishable criminally; Pract
. 113; 7 Cranch, 394; 21 How. Pract. when the speaking of the same words would 343.
not be so. 1 Saund. 6th ed. 247 a; 4 Taunt. 6. Fourth, the conclusion, or prayer for 355 ; 5 Binn. Penn. 219; Heard, Libel & S. relief and process: the prayer should be for 74; 6 Cush. Mass. 75. the specific relief desired; for general relief, 9. The reduction of the slanderous matter as is usual in bills in chancery; the conclu- to writing or printing is the most usual sion should also pray for general or particular mode of conveying it. The exhibition of a process. Law, Eccl. Law, 149. And see 3 picture intimating that which in print would Mas. C. C. 503.
be libellous is equally criminal. 2 Campb. Interrogatories are sometimes annexed to 512; 5 Coke, 125 ; 2 Serg. & R. Penn. 91. the libel: when this is the case, there is Fixing a gallows at a man's door, burning usually a special prayer, that the defendant him in effigy, or exhibiting him in any ignomay be required to answer the libel, and minious manner, is a libel. llawkins, Pl. Cr. the interrogatories annexed and propounded. b. 1, c. 73, s. 2; 11 East, 227. This, however, is a dangerous practice, be- There is, perhaps, no branch of the law cause it renders the answers of the defendant which is so difficult to reduce to exact princievidence, which must be disproved by two ples, or to compress within a small compass, witnesses, or by one witness corroborated by as the requisites of a libel. very strong circumstances.
In the following cases the publications have 3. The libel is the first proceeding in a been held to be actionable. It is a libel to suit in admiralty in the courts of the United write of a person soliciting relief from a States. 3 Mas. C. C. 504.
charitable society, that she prefers unworthy No mesne process can issue in the United claims, which it is hoped the members will States admiralty courts until a libel is filed, reject forever, and that she has squandered 1 Adm. 7, Rules of the U. S. Supreme Court. away money, already obtained by her from The twenty-second and twenty-third rules the benevolent, in printing circulars abusive require certain statements to be contained in of the secretary of the society. 12 Q. B. 624. the libel; and to those, and the forms in 2 It is libellous to publish of the plaintiff that, Conkling, Adm. Pract., the reader is referred. although he was aware of the death of a perAnd see Parsons, Marit. Law; Dunlap, Adm. son occasioned by his improperly driving a Pract.; Hall, Adm. Pract.
carriage, he had attended a public ball in the In Torts. That which is written or evening of the same day. I Chitt. Bail, 480. printed, and published, calculated to injure It is a libel to publish of a Protestant archthe character of another by bringing him bishop that he endeavors to convert Roman into ridicule, hatred, or contempt. Parke, J., Catholic priests by promises of money and 15 Mees. & W. Exch. 344.
preferment. 5 Bingh. 17. It is a libel to Every thing, written or printed, which re-publish a ludicrous story of an individual in flects on the character of another and is a newspaper, if it tend to render him the published without lawful justification or ex. subject of public ridicule, although he had cuse, is a libel, whatever the intention may previously told the same story of himself. have been. 15 Mees. & W. Exch. 437. 6 Bingh. 409.
A malicious defamation, expressed either A declaration which alleges tha; the be
main, pressed in printing or writing, tains the charge against a que in die bemory of one who is dead, or indictments and criminal let wire erfose bim to public hatred, con- in logic
, a syllogism. It is fira si est ridicule. This descriptive cata- particular kind of act is er.br on skrges all the sereral species of this is a crime of a heinous nature, te reich are indictable at common law; ishable." This proposition is at vieh it is believed, are indictable in It is next stated that the pere ir labud States
, either at common law, or of the crime so named, "ae", pore of partieular statutes.” 3 Green- This, with the narrative of te x 6.1 184. See 4 Mas. 163; 9 Johns. called the minor propositi i
and the time when, the offer AT SA 4M Cord, So. C. 317; 9 N. H. 34. clusion is that, all or part of th
les gainst the memory of the dead, or admitted by confession, the tua 1992 a tendency to create a breach of punished with the pains of ilen by inciting the friends and rela. from committing the like c... tend the deceased to avenge the insult of Burton, Man. Pub. L. 300, " usala, render their authors liable to in. LIBELLANT. The * The malicious intention of the libel in an ecclesiastica: valent to injure the family and posterity corresponding to the pla
e breased must be expressly arerred the common-law courts. o exarty prored. 5 Coke, 125; 4 Term,
LIBELLEE. A par
2.8. inte; 5 Bian. Penn. 281; Heard, libel has been filed in I da mater is understood as scandalous, ecclesiastical or in adı selulated to eseite ridicule or abhor to the defendant in a co gainst the party intended, it is libel. LIBELLUS (Lat.
brerer it may be expressed. 5 East, A little book. Lillius Che Etch. 11, 17; Hob. 215; Chitty, especially to emperor; m Las, 868; 2 Campb. 512.
must be in writing. 1 fe malicious reading of a lihel Libellum rescribere, to e Dhe per persons, it being on the shelves the answer to it. L. 2 as wakture, as other books, for sale ; and Libellum agere, to assim beat the defendant directed the libel to be ror in regard to such
3way some and left others : distr. pign.; and one beterd sets have been held to be publi- so is called magister ? site . The sale of each copy, where several "also promagistri
. L. 1 bare been sold
, is a distinct publica- Libellus accusatorius, to a fresh ofence. The publication cusation of a crime. ske malicioas: evidence of the malice D. ad leg. Jul. de qı keiber express or implied. Express writing of divorcemen
tant pensary; for where a man pub- repud. Libellus vera Wurs, the late presumes he does so from by which emperors |
as a writing which on the face of it is Lex. Libellus or urg ka malenus intention which constitutes Calvinus, Lex.;