SELECTED CASES, STATUTES AND ORDERS ILLUSTRATIVE OF THE PRINCIPLES OF PRIVATE INTERNATIONAL LAW AS ADMINISTERED IN ENGLAND. ILLUSTRATIVE OF THE PRINCIPLES OF PRIVATE INTERNATIONAL LAW AS ADMINISTERED IN ENGLAND, WITH A COMMENTARY. BY HORACE NELSON, M.A., B.C.L., BARRISTER-AT-LAW. LONDON: STEVENS AND SONS, LIMITED, 119 & 120, CHANCERY LANE. LIBRARY OF THE LELAND STANFGRE, JR., UNIVERSITY LAW DEPARTMENT. LONDON: PRINTED BY C. F. ROWORTH, GREAT NEW STREET, FETTER LANE—E.C. PREFACE. It was said by Lord Selborne, in his speech in Ewing v. Orr Ewing, as reported at page 513 of the 10th Appeal Cases, "The phrase 'private international law' is liable "to be misunderstood. It is a convenient expression "for such rules as in the jurisprudence of most civilized "nations are applied, ex comitate, to the solution of "questions depending upon foreign status, foreign laws, or foreign contracts. But no law, binding proprio "vigore upon any independent state, can be established "by generalization from the jurisprudence of other "nations. All such rules must yield to the lex loci "whenever it differs from them; and, in point of fact, "few (if any) such rules are universally accepted, "without some modifications or variations, making it "necessary to distinguish between the general principle "and the form and conditions of its local application." In this way and in this sense I have made bold to use the phrase in the title of this book. The selection of The Indian Chief is, apart from the merits of the judgments, mainly due to the desire to demonstrate the distinction between domicil proper and what is called commercial or trade domicil in time of war. And certain statutes, as, for instance, the Act 5 & 6 Will. 4, c. 54, and the Matrimonial Causes Act, are printed, in whole or in part, rather for the accommodation of the reader, in that questions of private inter 76600 |