[References are to Sections.]

ADMINISTRATION,-continued.

powers of representative over assets,

duty of representative to collect foreign claims, 106.

judgment by or against one representative, effect of, as to an-
other, 107.

situs of debts for purpose of, 106, 124.

transfer of assets in course of,

chattels, 106, 124.

choses in action, 106, 124.
land, 106.

negotiable securities, 124.

rights of creditor against decedent's land, 111.

suits by and against personal representatives, 107.

suits by representative for tortious death, 108. (See DEATH.)
voluntary payment of debt to foreign representative, 109.
ADMINISTRATOR, powers and duties of foreign, 102-113. (See ADMIN
ISTRATION.)

ADMISSIBILITY OF EVIDENCE, 208.

of parol evidence to explain indorser's contract, 183, 208.
ADOPTION,

decree of, in rem, 86.

analogous to decree of divorce, 101.
effect of, upon infant's domicil, 34, 44.
entitles infant to inherit, when, 12.
status of, 101.

ADULTERY, capacity to remarry of guilty party to divorce for, 73, 74.
ADVERSE POSSESSION OF CHATTELS, effect of, 210.

AFFINITY, effect of, upon marriage, 9, 73, 75.

AGE OF MAJORITY, law determining, 71.

AGENTS. (See MASTER.)

contracts by, situs of, 158.

implied authority of, 158.

partners as, 158, 181.

subsequent ratification of acts of, 128, 158.

torts of, 195.

ALIMONY, decree for, in personam, 95.

ALTERATION OF CONTRACT, effect of, 190.

AMBASSADOR, domicil of, 20.

ANCILLARY administration, 113. (See ADMINISTRATION.)

guardianship, 114-116. (See GUARDIAN.)

receivership, 117-118.

ANIMALS, torts by, 195.

ANIMUS MANENDI,

an essential element of domicil, 59, 62, 63.

change of mind in itinere, 62.

commencement of, 62.

death in itinere, 62.

[References are to Sections.]

ANIMUS MANENDI,-continued.

duration of, 63.

evidence of, 64.

in futuro not sufficient, 62.

must unite with presence, to create domicil of choice, 59, 62, 63.

presumptions as to, 64.

arising from mere presence, 64.
retention of last domicil, 64.

what, sufficient, 61.

ANTE NUPTIAL SETTLEMENT,
with respect to land, 80.

with respect to personalty, 82.
APPEARANCE OF DEFENDANT,

necessary for judgments in personam, 85-86.
not necessary for judgments in rem, 85–86.
sufficiency of, law determining, 207.
APPOINTMENT,

of administrators, 105. (See ADMINISTRATION.)
of executors, 105. (See ADMINISTRATION.)
of guardians, 114-116. (See GUARDIAN.)
of receivers, 117-118.

wills under power of, 150.

APPRENTICE, domicil of, 37.

ASSAULT, 204. (See CRIMES.)

ASSENT TO CONTRACT, law governing, 151, 208.
ASSETS,

administration of, 102-113. (See ADMINISTRATION.)
exoneration of, 112.

land, as, 111.

legal or equitable, 110.
marshalling of, 110.

real or personal, 110.

ASSIGNEE,

of chose in action may sue in his own name, when, 165, 206.
for benefit of creditors, title of, 133-135. (See ASSIGNMENT.)

in bankruptcy, title of, 137-138. (See ASSIGNMENT.)

ASSIGNMENT,

of bill or note, right of maker or acceptor to plead invalidity of, 122,
182.

of debt, right of assignee to sue in his own name, 165, 206.

situs of debt, for purpose of, 122.

of fund, bill or check operating as, 181.

of insurance policy, 166.

of land, 11-12. (See IMMOVABLES.)

[References are to Sections.]

ASSIGNMENT,- continued.

of personalty, 127-150.

absolute conveyances and sales, 128-130.
as between the parties, 128.

as to creditors, 129.

sales, reserving title in vendor, 130.
chattel mortgages, 132.

donations mortis causa, 131.

for benefit of creditors, 133-135.
in case of land, 11.

in case of personalty, 133-135.
fraud per se, 135.

preference of creditors, 135.
recordation of, 135.

subsequent removal of property, 133.
what creditors may attack, 134.
in bankruptcy or insolvency, 137–138.
distinguished from voluntary, how, 137.
given no exterritorial effect, 187

otherwise in England, 137.

what creditors may attack, 138.

transfers by marriage, 136.

transfers by succession, 139-141. (See SUCCESSION.)
transfers by will, 142-150. (See WILLS.)

ASSUMPTION OF RISK, doctrine of, in dangerous employments, 197.
ATTACHMENT,

by creditors, of personalty transferred, 129, 134, 138:

exemptions from, 126, 209.

issuance of, to be controlled by lex fori, 180.

situs of debt for purpose of, 125.

B.

BANKRUPTCY,

assignment in, 137-138.

distinguished from voluntary assignment, how, 137.
given no exterritorial effect, in United States, 137.
otherwise in England, 137.

what creditors may attack, 138.

discharge in, effect of, upon contracts, 191.
BANNS, omission of, in celebrating marriage, 77.
FASTARD,

domicil of, 33, 42.

constructive, 42.

original, 33.

legitimation of, 97-100. (See LEGITIMACY.)

right of, to succeed to personalty, 140.

subsequently legitimated, domicil of, 43.

subsequently legitimated, right of, to succeed to property, 12.

[References are to Sections.]

BIGAMOUS MARRIAGES, 74, 75.

BILL OF EXCHANGE. (See NEGOTIABLE INSTRUMENTS.)
BILL OF LADING. (See CONTRACTS.)

assent to, 151, 208.

place of performance of, 160.

validity of exemptions in, 169.

BOND. (See CONTRACTS.)

effect of, as merging prior indebtedness, 189.

interest upon, 184.

situs of, 163.

BOTTOMRY BOND, authority of shipmaster to execute, 158.
BURDEN OF PROOF,

a status, 69.

as relating to voluntary or involuntary transactions, 69.

for business in general, 71.

married woman, as trustee, 71.

period of infancy, 71.

period of wardship, 71.

settlements of guardian with ward, 71.

to assign insurance policy, 166.

to contract, 72, 171.

in case of infant, 72.

in case of married woman, 72, 166.

to make a will of lands, 12, 150.

to make a will of personalty generally, 70, 144.

under power of appointment, 150.

to marry, 73.

consanguinity or affinity, 73, 75.

guilty party to divorce prohibited to remarry, 78, 74.
miscegenation, 73.

polygamous marriages, 75.

to succeed to decedent's estate,

as devisee or legatee, 12, 70, 144.

as heir or distributee, 12, 140.

CARRIER,

contract of, 160, 169. (See BILL OF LADING; CONTRACTS.)

evidence of assent to bill of lading, 151, 208.

exemption of, from liability as insurer, 169.

CARRIER,-continued.

[References are to Sections.]

exemption of, from liability for negligence, 169.
liability of, for malicious acts of servants, 197.
liability of, for torts, 195–202. (See TORTS.)
sleeping car company, liable as, 197.

CELEBRATION,

of contracts generally, law governing, 167-174. (See CONTRACTS.)
of marriage, law governing, 77, 172.

CEREMONIES,

for contracts generally, law governing, 172-174.

for marriage contract, law governing, 77, 172.

for wills, law governing, 143.

CHAMPERTOUS CONTRACTS, validity of, 168, 175, 176.

CHARITABLE TRUSTS, validity of, 70, 144.

CHATTELS. (See MOVABLES.)

CHECK, operation of, as assignment of fund, 181.

CHILD,

adoption of, 101. (See ADOPTION.)

decree for custody of, in rem, 96.

domicil of, 31-45. (See DOMICIL.)

guardianship of, 40-41, 71, 114-116. (See GUARDIAN.)
legitimacy of, 97-98.

legitimation of, 12, 33, 43, 97-100. (See LEGITIMACY.)
relation of parent and, a double status, 97.

rights and duties of parents towards, 83.

CHOICE, domicil of, 56-66. (See DOMICIL.)
CHOSE IN ACTION. (See DEBT.)
CITATION. (See PROCESS.)

CITIZENS,

of forum, lex fori substituted in favor of,

in case of executory contracts, when, 7-8, 72, 152.

in case of executed transfers of personalty,

absolute conveyances, 129.

administration, 102-113. (See ADMINISTRATION.)
assignments for benefit of creditors, 134–135.

assignments in bankruptcy, 138.

chattel mortgages, 132.

guardians, 114-116.

marital rights, 80-82.

receivers, 117-119.

succession, 140.

in case of status,

adoption, 101.

capacity, 70-74.

divorce, 89-94. (See DIVORCE.)

legitimacy, 98-100.

marriage, 73-74.