delivery, and B. brought an action for damages against A. It was urged that as the contract was to be performed at Algiers, the French law, which is the law of Algiers, applied, and under that law A. would not have been liable. The court held that as the contract was made in England, and as there was no evidence that the French law was contemplated by the parties, the liability of A. was to be governed by English law. "What is to be the law by which a contract, or any part of it, is to be governed or applied, must always be a matter of construction of the contract itself, as read by the light of the subject-matter and of the surrounding circumstances. . . the broad rule is that the law of the country where a contract is made presumably governs the nature, obligation, and the interpretation of it, unless the contrary appears to be the express intention of the parties."

Charter-parties and bottomry bonds are exceptions to the rule. The rights and liabilities of the parties are governed by the law of the flag, i.e. the law of the country to which the ship belongs.

§ 289. Bills of Exchange.—A bill of exchange may be drawn in one country and be accepted or made payable in another. The Bills of Exchange Act 1882 contains the following rules relating to such bills:—

(a) As far as form is concerned, the bill will be valid in England if the English law or the law of the place of issue be followed (§ 242).

(6) The absence of a stamp required by the foreign place of issue will not invalidate the bill.

(c) The holder, in presenting for acceptance or for payment, or in protesting, or in giving notice of dishonour, should observe the law of the place where the act is done, or the bill is dishonoured.

(d) An acceptance or endorsement should be according to the law of the place where the bill is accepted or endorsed.

(e) The date depends on the law of the place where the bill is payable.

§ 290. Jurisdiction in the Case of Contracts.—The

question often arises whether or not an action for breach of a contract made abroad can be brought in this country. As a general rule, if the contract was to be performed in England and it is broken in England, the action can be brought. It is immaterial that the defendant resides in a foreign country, as the writ can, by leave of the court, be served on him in such foreign country. If the defendant is domiciled or ordinarily resident in Scotland or in Ireland, proceedings should be taken in the country in which he resides. Where the contract was to be performed abroad, but the defendant is resident in England, proceedings for breach can be taken against him in England.

§ 290. Foreign Judgment.—In some cases it may be necessary to bring an action in another country. Suppose judgment is obtained, but the defendant's property is in England, can the foreign judgment be enforced in England? If the defendant appeared, and the foreign judgment was a final one, and the foreign court had jurisdiction in the case, the party who obtained judgment in his favour may bring an action in England to enforce it. All that he requires to prove is that the foreign court had jurisdiction, and that the judgment was a final one. He will then obtain judgment in England that can be enforced.

Instead of adopting this mode of procedure, the plaintiff may, in case the English court has jurisdiction, bring an action on the original cause of action apart from the foreign judgment.

§ 291. Authorities.-Private International Jurisprudence, by J. A. Foote; Private International Law, by J. Westlake.

APPENDIX

GLOSSARY

Alien. He who is not a subject of the Crown is an alien. The status of aliens is regulated by the Naturalisation Act 1870.

Annuity. An annual payment granted to a person for life or other period. It is personal property. Frequently, however, its payment is secured by charging it on land, and then the land is a security for its payment.

Artificial Person. A number of individuals may be so united by law as to form an "artificial person," capable of acquiring legal rights and of being subject to legal duties, e.g. a corporation, a company, a college, a society. An artificial person is created by a charter granted by the Crown, or by Act of Parliament.

Assets. The property of a deceased person applicable to the payment of debts and legacies. The term is also used to denote the stock-in-trade and property of a trader.

Bill of Sale. A deed assigning chattels personal. usually applied to mortgages of personal property. must be in a certain form, and be registered.

The term is Such mortgages

If the carrier

Carrier. A person who carries goods for hire. undertakes to carry the goods of all comers, he is a "common carrier," and is answerable for the safety of the goods.

Chancery Division. The High Court of Justice is divided into two divisions; the one called the Queen's Bench Division, and the other the Chancery Division.

Charge. A charge is a burden placed on property. If A. charges his land with £100, the £100 can be raised out of the value of the land.

Charter. The Crown by a writing under seal, called a charter, can grant certain privileges to an individual, or incorporate a company. Chattel. The term chattel covers all forms of property that do

not amount to an estate for life. Chattels are divided into two classes -chattels real and chattels personal. The former is restricted to chattel interests in land, e.g. leaseholds; the latter covers all other chattels.

Chose in Action. A right to bring an action.

High Court of Justice. The High Court of Justice and the Court of Appeal are the two branches of the Supreme Court of Judicature. The High Court is divided into three divisions-viz. the Chancery Division, the Queen's Bench Division, and the Probate, Admiralty, and Divorce Division.

Imprisonment for Debt. Direct imprisonment for debt has been abolished, but if a Court orders a person to pay a sum of money and he neglects to do so, he may be imprisoned for disobedience to the order of the Court.

Incorporation. The formation of an artificial person or corporation.

Judicial Separation.

A husband and wife may be judicially separated without the marriage being dissolved. In this case neither party can remarry.

"

Law. Every one is supposed to know the law," is a maxim acted on by the courts, on the ground that to permit a man to deny he did not know the law would encourage fraud.

Letters Patent. A writing sealed with the Great Seal. The Crown grants the monopoly of a new invention by letters patent.

Lien. The right of one person to retain property of another in his possession until a debt due is discharged.

Mortgage. The conveyance of an interest in land to secure the repayment of a sum of money.

Ownership. See Property.

Property. The word is often used to denote that which is the subject of ownership, but at times it means the right of ownership.

Prerogative. The Crown has certain privileges and a limited right of legislation that are referred to its prerogative, e.g. in virtue of its powers the Crown can incorporate a company.

Personal Representatives. The personal representatives of a deceased person are his executors where he has made a will and appointed executors, or the administrator appointed by the Court of Probate where he has made no will.

M

Resolution.

Under the Companies Acts a special resolution is a resolution passed at one meeting and confirmed at another. The majority required at the first meeting is a three-fourths, and at the second meeting a simple majority of the members present in person or by proxy.

An extraordinary resolution is one passed by three-fourths of those present personally or by proxy.

Security. Anything that makes the payment of money due more assured is a security in the wide sense of the term, e.g. a bill of exchange. In a narrower sense of the term the word is used to denote that the payment of money is secured by being charged on property.

Set of Bills. Bills of lading as well as bills of exchange are usually issued in sets of three; that is to say, three copies are issued: one copy being used, the remaining copies are void.

Title. As applied to mercantile property, this term is used to denote the right to property as regards the method of transfer or the capacity of the grantor to transfer it.

Trustee. A person who holds property for the benefit of another is called a trustee.

Ultra vires. Where a company exceeds its powers it is said to act ultra vires.

Underwriting.

Reference has been made in the text to the use of this term in insurance. It is also used to denote a guarantee that if the public do not take up all the shares in a company that is being brought out, the person giving the guarantee will take up a certain portion of the shares.

Winding-up. The process by which the existence of a company is terminated. It is initiated by a petition.

each used to denote the infringement of certain legal rights not arising out of contract. The injured party has an action for damages.