which such a result might be sought for are either historical or theoretical. The only historical direction that any one could think of pursuing is that of the Roman law, not as directly applicable, for it belonged to an empire in which a practical unity of law had been established, but by starting from its rules on jurisdiction, and assuming that when the most appropriate jurisdiction for each case has been found, the law of that jurisdiction will be applied to it. But the tendency of modern legislation in most countries is towards the enlargement of jurisdiction, which is certainly not without its convenience in multiplying the means of redress, but is as certainly unfavourable to that manner of looking at the subject in which jurisdiction might come to be an accepted basis for law. And the only theoretical direction in which there seems to be much activity is that of determining the true law of each matter by the notion of sovereignty, which presents much analogy to Austin's analysis of national law; but the more the affairs which courts of justice have to deal with are examined, the more will it be doubted whether those notions, however accurate they may be as giving an account of facts, are capable of throwing any light on what the decision should be on points that have not yet taken their place among the facts of jurisprudence. To the English practitioner the difficulty of arriving at an international agreement by doctrinal writing will have but little importance, considering on the one hand the binding authority of precedent in our system, and on the other the extent to which the subject is now covered by English decisions. Nevertheless the want of an agreement is a mischief to commerce and to all other social international relations, and the other method of remedying it, namely by international conventions confirmed where necessary by national statutes, would have seemed to be the one which England was especially called to promote. It must therefore be regarded as deplorable that, while the continent has become awake to the necessity of adopting it, England has thus far stood aloof from the conferences and conventions which have already given the results mentioned on p. 33. If we had joined, we might in the course of mutual concession have had to surrender some of the rules cherished by our lawyers, but the general equity of our jurisprudence is such that I cannot believe we should have had to surrender more than others. ADMINISTRATION, LETTERS OF. See PROBATE AND LETTERS OF ADMINISTRATION OF PERSONAL ASSETS ON DEATH alien enemies, by Public Trustee breach of trust by foreign administrators: § 100 colonial grant: § 70a commission to foreign administrators: § 109 consul, grant to § 79 creditor, grant to : § 77 cum testamento annexo de bonis non: § 66 debts, as to §§ 95, 95a, 160 declaration of court of last domicile conclusive: § 60 .105-155 116 128 113 134 116 115 105 111 125, 126, 209 107, 108 114 131, 132 131 109 foreign assets brought into England liable to administration : 128, 129 administrators cannot be sued in England if no breach heir with benefit of inventory, liability of: § 102 how surplus after payment of debts is to be dealt with: §§ 105, injunction to restrain proceedings abroad, as to: § § 107, 108 negotiable instruments, as to: § 96 not granted if only foreign property: § 78 next-of-kin, grant to § 75 principal and ancillary administrations W.I.L. 129 147 131, 132 133, 134 146 141, 142 115 105 126 115, 116 115 130 27 PAGE ADMINISTRATION OF PERSONAL ASSETS ON DEATH-cont. probate and administration duties: §§ 112, 113, 113a retrospective law of last domicile : § 62 Scotland and Ireland, English grant as to property in § 70 assets, effect of will on: § 122 134, 135 125, 129 145, 146 108 112 107, 147 148 ....... 131, 132 132 107, 108 133, 134 116 may be handed over to foreign administrators : where there is an action for administration: § 106 when law of domicile refers to national law § 60 where no one entitled, grant to consul: § 79 will operates as to surplus by law of domicile: §§ 122, 125 ... 147, 153 ADMIRALTY ACTIONS. See SHIPS. AFFIDAVIT, filed in foreign Court, proof of § 361 AFTER-ACQUIRED PROPERTY, covenant to settle abroad: § 172 AGE, capacity according to, by personal law: § 2 AGENT, authority of § 151 right of undisclosed principal to sue on contracts by: § 223 412 216 40 200 297, 298 239 .ALIEN enemies, administration of estates of, by Public Trustee creditors who obtain payment out of foreign property, right to prove 175-180 curators. See Trustees. debtor compelled to pay by foreign law cannot be made to pay 174 debtors who can be declared bankrupt : § 127 163-165 discharge in §§ 240-242 316, 317 dividends received abroad must be brought into hotchpot: § 144 179 165, 166 double proof: § 146 180 English bankruptcy affects all movable property in British 173, 174 creditors must refund payments obtained abroad: § 142 177 views 160-163 PAGE BANKRUPTCY-cont. equities against the bankrupt's property: § 147 foreign assignee has no powers over English land: § 166 creditor, right to retain payments obtained abroad: §§ 141, 143 movables, how far affected by: § 140 foreigner departing out of England, when an act of bankruptcy German law as to immovable property abroad, bankrupt cannot be compelled to jurisdiction of English courts: § 127 minor, of partner in business in England not trading in England out of foreign immovables may be retained: § 141 180 212 176-179 174-176 180 167 159, 160, 162, 163, 181 157-159, 181 174-176 163-165 41 165 179, 180 staying proceedings on ground of prior adjudication in another trustees appointed by the court of the domicile entitled to foreign, when accountable in England: § 136 405 title may be dependent on a particular form of convey- 171 unity and universality 156, 161 what property passes by English bankruptcy or winding-up: § § 137-140 172-176 when creditors of English bankrupt may retain payments |