2

ACTIONS-continued.

with respect to wife's property,
whether wife party to,

by law of England, 466-7.

Coutume of Paris, 366.

authority of wife necessary for husband to
bring, in Scotland, 234.

see Chose in Action, Judgment, Suit.
ADIATION,- -see Fidei-commissum, Succession.
ADJUDICATION.

by creditor in Scotland, ii, 611-620.
see Sale by Auction and Judicial Sales.
ADMINISTRATOR,

prescription when runs against, iii. 86, 863.
see Succession.

ADMINISTRATRIX,

wife may be, of her husband, 516.
ADULTERER,

marriage with, forbidden, in what codes, 149,
150, 647, 653, 655.

ADULTERY,

community how affected by divorce for, 304, 320
husband's,

curtesy not forfeited by, 493.

dower of wife how affected by, 573.
ground for divorce,

in what countries, 655, 661-4, 666-7.
in what not, 642, 644-5, 650, 662.

relatives committing, how punished in New
York, 148.

wife's,

forfeiture of arras by, 417.

dower, in what codes, 493, 576,

584.

douaire conventionel, 387.
equity for settlement, 474.

but not of jointure, 545.
pin-money, 534.
separate estate, ib.

settlement as ward in court, 475.
ground for divorce, 642, 4, 5, 650, 5.
husband's liability ceases in England, 207.
legitimacy of child, how affected by, 74,
86, 8.

punishment of wife for,

under Code Civil, 647.
law of Denmark, 653.

what rights of wife affected by her,

law of England, 474, 5, 493, 534, 545.
France, 372, 387.

ALIENS.

France and Code Civil, ib. 172,

201.

United States, ib. 414.

This status consists of such civil rights and ca-
pacities, enjoyed by natural born subjects as
are conceded to or withheld from aliens, 694.
exclusive right of every state to determine what
rights, &c. it will concede to them, ib.
the law by which the concession is granted is
local and limited, but paramount in the state
where it is established, ib.

this status does not admit of those questions of
conflict which arise in other branches of
jurisprudence, 695.

judicial tribunals may, in certain cases, be
called on to adjudicate with reference to
the status of alien, as constituted by foreign
law, ib.

Canada Lower, by law of,

before 1831, subject to disabilities imposed
by law of France, 717.

Act of Legislature, 1 Wm. 4, how far disa
lities removed by, 717, 721.

civil law,

disabilities of, under, 695.

when removed, 696.

colonies of Great Britain.

disabilities under law of England retained in,
714.

mortgage of lands in, to aliens, 711, 714-5.
foreclosure of mortgaged property by, not
allowed, 714-5.

legal estate of mortgaged property in
whom, 714.

sale of such lands by order in Chancery, ib.
colonies of France,

disabilities imposed in parent state extended
to, 716.

French Guiana, St. Lucia, and Tobago,
Droit d'Aubaine abolished in, 717.
England,

allegiance given up by a subject, by what
means, 707-8.

ceded countries, inhabitants of, whether, 708.
colonies declared independent, become
when, ib.

executor or administrator, allowed to be,

709,

not transmitted through, 701.
except to children of aliens, in what
case, 700.

right of king to, à titre d'aubaine, 701.
alien incapable of taking by, 701.

passed over to next heir, 701-3.
ambassadors exempted from, 701.
annuities of foreigners, when exempted, ib.
certain states, inhabitants of, exempted, 702.
foreign merchants, in what case, 701.
king's rights to property of deceased aliens,
701, 703.

onus of proof lies on party opposing the
alien, 704.

retrait lignagercannot be exercised by,701.
title by usucapio cannot be acquired by, ib.
treaties with foreign states,

renunciation of droit d'Aubaine in, 703.
colonies of such states, whether they
have benefit of, 704.

law of 1792 removed disabilities under droit
d'Aubaine, 704.

Code Civil re-established them, ib.

as to succession, what, 704.

as to dispositions for their benefit, what, ib.
disability to succeed, acquire, and dispose
of property, taken away by law of July
1819, how far, 704.

children of, born in France, by what
means can become subjects, 705.
children of Frenchmen born abroad, whe-
ther aliens, ib.

if parents become aliens, how affected, ib.
domiciled foreigner enjoys what rights, ib.
wife of Frenchman follows husband's con-
dition, ib.

Holland,

children of parents abroad, whether, 697.
husband of daughter of a citizen not deemed
an, ib.

jus civitatis easily obtained by, 696.
public offices not open to, ib.

succession to, duty on, abolished, 696-7.
Roman Republic, in,

inheritance of property denied to, 695.

jus civitatis granted with great reserve, ib.
removal of incapacities in subsequent period,
696.

wills of, whether valid, ib.
Scotland,

Englishmen when exempted from disabilities
in, 711, 712.

incapacity of, to enjoy or succeed to real
property, 711.

special statute in favour of Frenchmen in
Queen Mary's time, what, ib.

Spain,

children are not,

if fathers natives, 697.

or abroad on public service, ib.
of parents domiciled, ib.
illegitimate, when aliens, 697.
incapacity of, to hold offices, 697.

to carry on certain trades, 698.
transfer of property by, subject to duty, ib.
wills by, ib.

United States,

alienage as between England and United
States, 721-7.

æra when inhabitants ceased to be sub-
jects of England, 723.

antenati, rights of British, as to acquisi-
tions betwaen date of independence and
treaty of peace, 725.

birth not the test of, 721.
deserters from British army whether,

723-4.

emigrants in 1799 from England, whether,
723.

election to become subjects at revolution,
a reasonable time allowed for, 721-2.
treaty of peace in 1783, effect of, 724.
voluntary adherents to either country
after, became its subjects, ib.
treaty in 1794, effect of, 726.

vested rights of Englishmen, effect of the
revolution on, ib.

allegiance, no subject can give up his,
722-3.

ancestor, derivative title through alien, good,
725.

stat. 11 & 12 Wm. 4, c. 6, in force in
what states, 725, 729.

children born abroad of American parents,
how far natural born subjects, 733.

civil capacities in one state do not extend to
the other states, 730.

common law disabilities of England exist in
what states, 727-9.

conveyance by, how far admitted in Mary-
land, 728-9.

declaration or oath, to become citizens by,
effect of, in what states, 727-9.
executor, in what states cannot be, 728.
mortgagees, aliens may be, how far in what
states, 728-9.

office found, effect of, in North Carolina
what, 726.

purchase by aliens, allowed in what states,
and to what extent, 727-8.

real property, aliens may hold, in what
states, 727, 729.

residence, disabilities how far taken away by,
726, 729.

sale, confirmation of prior purchase by sub-
sequent, what, 727.

succession, disabilities of aliens as to, what,
727-8.

community, alien conjoints have rights of,
in France, 335.

in Louisiana, 596. 616, 622-3.
denization of, by law of England,
bankrupt, denizen may be, iii. 894.
conferred by letters patent, 712.
issue of denizen, rights of, ib.
offices of trust not open to denizens, ib.
right of succession not granted to alien by,
ib.

ANNUITIES,-continued

real or personal-continued.
from property or person being charged,
by what codes, ii. 40-1.
when charged on post office, ib. 42.
when granted out of duties, ib.
by corporation, ib.

in England, ii. 41.

rents, how distinguished from, in France, 340.
usufructuary, whether entitled to whole of,

iii. 142.

will sufficient to pass, what, ii. 42.
ANTENATI,

rights of, on division of an empire, 725.
in Scotland, how affected by the union, 707.
ANTICHRESIS,

contract of, in mortgage, what, iii. 197-8.
APPEAL,

lis pendens during, ii. 449.

prescription bars, when, iii. 851.
from judgments,—see Judgment.
APPOINTMENT,—
-see Power.
APPORTIONMENT, of rents,-see Rents.
APPRAISEMENT,

on sales under execution.-see Judicial Sales.
APPRIZING,

letters of, ii. 610.

first effectual, what, ib.
AQUÆDUCTUS,
right of, iii. 417, 423.
grantable, when, ib. 417.
AQUÆHAUSTUS,
right of, iii. 417, 423.
ARBITRATOR,

decision of, whether final, ii. 483.
lien created by award of, iii. 387.
price on sale may be fixed by, ii. 481-3.
if arbitrator refuse to act, court cannot en
force sale, ib. 483.
purchase by, prohibited, ii. 467.
ARRAS,

augmentation after marriage not allowed,

417.

want of, supplied by what acts, ib. 557.
when not required, ib. 558-9.

on judicial or legal assignations, ib. 558.

in case of several obligors, ib. 558.
warrandice of assignor,
implied, ib. 555.

express, ib. 556.

as to solvency of debtor, ib. 556.

ASSIGNEES,-see Bankrupt.
ASSIGNMENT,

nature of instrument, ii. 751.

chose in action,-see Chose in Action.
debt,-see Debt.

wife's personal estate by husband, 470-1.
dower, how made, in England, 508.
in Nova Scotia, 563.
mortgage, see Mortgage.
ATTACHMENT,

delivery of property sold enforced by, ii. 545.
nature of writ of, in Massachusetts, iii. 587.
pledgee not liable to, iii. 587.
ATTAÏNDER,

husband's,

curtesy, whether affected by, 493.

dower of wife, whether affected by, 577, 502.
wife's,

affects husband's curtesy, in what codes, 493.
her rights affected by, how in England, 506.
heir how affected by ancestor's, 493.
trustee's, effect on cestui que trust, ii. 370.
ATTESTATION,-see Witness.
ATTORNEY,

lien of, on papers of client, iii. 602.
mortgage by means of, iii. 181.
under power,

authority when ceases, iii. 819, 987.
to acknowledge deeds, ii. 796.

to deliver and transfer property,
in Holland, ii. 719.

by Roman law, ib. 695.

in British Guiana, ii. 721.

British colonies, ib, 758, 768, 770.
England, power must be by deed, iii. 986.

to institute suits, jii. 984.
payments to, valid, iii. 817.
registry of power of attorney,

in Prince Edward's Island, ii. 784.
revocation of power, iii. 818-9.

acts after, without notice, effect of, ib.
by grantor's death, ib. 819,987.
insanity, ib. 987.

marriage, ib. 819, 987.

own revocation, ib. 987.
payments after death void, ib. 819.
see Procurator, Mandatum.

AUTORISATION MARITALE,

see Husband and Wife.

BAILMENT,

bailees,

diligence required from, iii. 655-660.
degrees of, ib.

responsibilities of, iii. 655.

not liable for accidents, ib. 660-1.
for losses, when, ib. 661-3.

commixion of property by ib. 662-3.

contracts of, what, ib. 650.

definition of, ib.

different kinds of,

commodatum, what, ib. 654.

depositum, what, ib. 651.-see Deposit.
locatio-conductio, what, ib. 651-2.-see Hire.
mandatum, what, ib. 652-3

definitions of, ib. 653.

mutuum. ib. 654.-see Mutuum.

promutuum, ib. 654.-

BALCONIES,

-see Promutuum.

projection over other land, how far allowed,
iii. 409.

BANBURY peerage case, 75.

BANKER,