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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.

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ADMINISTRATION, LETTERS OF. See PROBATE AND LETTERS OF
ADMINISTRATION.

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
different executors for English and foreign property: § 72
distribution of assets where deceased domiciled abroad § 105
English administrators liable for all assets received: § 104
grant of probate or administration necessary: § 63
to whom made: §§ 65-68, 71-77

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.105-155

116

128

113

134

116

115

105

111

125, 126, 209

107, 108

114

131, 132

131

109

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foreign assets brought into England liable to administration :
§§ 99, 103

128, 129

administrators cannot be sued in England if no breach
of trust § 101

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heir with benefit of inventory, liability of: § 102
hotchpot, when heir must bring immovables into : § 121

how surplus after payment of debts is to be dealt with: §§ 105,
106

injunction to restrain proceedings abroad, as to: § § 107, 108
interest charged against an administrator, rate of § 119
legacy and residuary duty: §§ 114, 115
legatees, grant to § 75

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

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133, 134

146

141, 142

115

105

126

115, 116

115

130

27

PAGE

ADMINISTRATION OF PERSONAL ASSETS ON DEATH-cont.
priorities in payment of debts: §§ 110, 111

probate and administration duties: §§ 112, 113, 113a
And see PROBATE AND LETTERS OF ADMINISTRATION.
property which passes under English grant: §§ 95, 103 ......
recoupment of debts by English personalty to foreign immovables :
§ 118

retrospective law of last domicile : § 62

Scotland and Ireland, English grant as to property in § 70
surplus after payment of debts in case of intestacy goes by law
of domicile: §§ 59, 120, 121

assets, effect of will on: § 122

134, 135
136-139

125, 129

145, 146

108

112

107, 147

148

....... 131, 132

132

107, 108

133, 134

116

may be handed over to foreign administrators :
§ 105

where there is an action for administration: § 106

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when law of domicile refers to national law § 60
proceedings for administration abroad restrained: §§ 107,
108

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
service of writ on, when principal outside jurisdiction

412

216

40

200

297, 298

239

.ALIEN

enemies, administration of estates of, by Public Trustee
contracts with

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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
again § 139

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
domicile of petitioning creditor immaterial: § 129

179

165, 166

double proof: § 146

180

English bankruptcy affects all movable property in British
dominions § 138.......

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
property in hands of trustee : § 147

foreigner departing out of England, when an act of bankruptcy

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German law as to

immovable property abroad, bankrupt cannot be compelled to
assign § 140

jurisdiction of English courts: § 127

minor, of

partner in business in England not trading in England
payments from foreign partners of English debtor : § 145

out of foreign immovables may be retained: § 141
movables: §§ 142, 143

180

212

176-179

174-176

180

167

159, 160, 162, 163, 181

157-159, 181

174-176

163-165

41

165

179, 180

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staying proceedings on ground of prior adjudication in another
country § 130

trustees appointed by the court of the domicile entitled to
English assets: § 134

foreign, when accountable in England: § 136

405

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title may be dependent on a particular form of convey-
ance: § 135

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
received abroad: §§ 141-145

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