Actions against foreign personal representative. 696. A personal representative who after having lawfully obtained possession of assets, becomes domiciled in the territory of any other nation may be sued as such in its courts by persons entitled to such assets. This rule was applied in favor of a creditor in Baker v. Smith, 3 Metcalfe (Kentucky) Rep., 264: and of the next of kin in Marrion v. Titsworth, 18 B Monroe (Kentucky) Rep., 597. In Evans v. Tatem, 9 Sergeant & Rawle's (Pennsylvania) Rep., 259, it was held, however, that mere presence in the foreign State without the acquisition of a domicil there, would be sufficient to found the jurisdiction. When judgment of probate court, as to right of succession, is conclusive. 697. The determination of a court of probate in respect to the right of succession to movables is conclusive in the tribunals of other nations in proceedings. for the settlement of the same estate,' only' when the deceased was domiciled within the jurisdiction at the time of his death. 1 Doglioni v. Crissini, Law Rep., 1 House of Lords, 301. 2 The parties in interest in the place of principal administration are not bound by a judgment given in the place of ancillary administration. Low v. Bartlett, 90 Massachusetts Rep., 259; Ela v. Edwards, 85 Id., 48. Consuls have power to administer on the estates of foreigners or decedents domiciled abroad, in the cases provided in Articles 338 and 340. The treaty between the United States and Honduras, July 4, 1864, (13 U. S. Stat. at L., 704.) authorizes the consular officer of the nation of a foreigner dying in the country to which the consular officer is accredited to appoint curators to take possession of his estate, so far as the local laws will permit, for the benefit of the heirs and creditors, giving notice to the local authorities. The treaty between the United States and Paraguay, Feb. 4, 1859, (12 U. S. Stat. at L., 1096, Art. X.,) allows the consular officer to take charge of the property. Probate of will of property in foreign country. 698. A will of a domiciled resident disposing only of property in a foreign country is entitled to probate in the country of residence, for the purpose of clothing the executor with power to take proceedings in the foreign country. To the contrary see, Matter of Coode, Law Rep., 1 Probate & Divorce, 449. CHAPTER LIII. ADMIRALTY. ARTICLE 699. Extent of admiralty jurisdiction of a nation. 701. Rules of decision in extra-territorial torts. The provisions of the Code in relation to jurisdiction over property, and the effect of judgments in rem, are supposed to be adequate for the purpose of fixing the proper limits of the judicial power in cases of admiralty jurisdiction in its international aspects. The distinction between the jurisdiction of ordinary courts and those of admiralty, is mainly important as a question of municipal law, and even there is rapidly disappearing under recent legislation, the tendency of which is towards uniformity of remedies. The admiralty jurisdiction in criminal cases is regulated by Chapter XLIX., on JUDICIAL POWER IN CRIMINAL CASES. Extent of admiralty jurisdiction of a nation. 699. The admiralty jurisdiction of a nation in civil cases extends, 1. To all acts done upon the seas; 2. To all property constructed for or employed in navigating the seas; and, 3. To all contracts relating to such property or for services on the seas, and to their incidents, when the persons or property are subject to the jurisdiction as defined by articles 309 and 312. 1 1 Story's Confl. of L., 423 g ; 423 h. "Seas" defined. 700. The "seas" mentioned in the last article include : 1. Waters beyond the limits of any nation; and, 2. Navigable waters, whether tidal or not, in any place within the limits of the nation. The jurisdiction is not limited to tidal waters. Genessee Chief v. Fitzhugh, 12 Howard U. S. Supr. Ct. Rep., 443; Fretz v. Bull, 12 Id., 466; 2 Parsons on Shipping, Bk. 3, ch. I.; The Eagle, 7 Wallace's U. S. Supr. Ct. Rep., 15. Rules of decision in extra-territorial torts. 701. In cases of collision between ships of different nations or other acts of damage to person or property, occurring beyond the jurisdiction of any nation, and in respect to which Chapter XXXIII., on COLLISION, does not afford a rule of decision, the extent of the remedy in damages to which the injured party is entitled is determined by the law of the forum. By the other provisions of this Code, (Articles 316 and 328,) the same rule must be applied to foreigners as to members. Uniform procedure in admiralty. 702. All civil suits in the exercise of admiralty jurisdiction shall be commenced by summons. The cause of action shall be stated in a complaint, and the defense in an answer. The determination of the controversy shall be by a judgment. The provisional remedies, the modes of trial and of executing the judgment shall be settled by a conference of judges in admiralty one appointed by each nation, who shall agree upon uniform rules of procedure. See Report of British Judicature Commission, 1869. For a memorandum upon the recent increased jurisdiction and changes in the practice of English admiralty, see Accounts and Papers, 1867, vol. LVII., (19.) |