general principle which has ceased, in this particular instance, to be a means of maintaining that end. A similar remark applies to the fraudulent destruction or casting away of vessels and cargoes, a crime which unhappily often escapes punishment because the country to which the ship is bound or to which the offenders come is not that to which the ship belongs, and its courts have therefore no jurisdiction. It has been proposed, in order to meet this evil, to make these crimes, by the general consent of nations, acts of piracy and justiciable everywhere (h). (h) Wendt's Maritime Legislation (ed. 2), p. 148. [Ibid. (Ed. 3.) p. 646. Dr. Wendt also at pp. 648-654 of the third edition has supplied some more instances of a striking nature and of recent occurrence, showing the mischief arising from the present state of things. The opinions of German jurists, which he there cites, should also be consulted.] Mixed Marriages in the United Kingdom between British Subjects and French Citizens-Agreement between the two Governments. Draft of Consular Certificate, to be issued by French Consuls in cases of Marriage in the United Kingdom between British Subjects and III. (PAGES 459, 463.) APPENDIX I. PAGES 267 AND 594. Below is printed at length the leading American decision upon the application of Personal and Real Statutes. SAUL v. HIS CREDITORS (a). Appeal from the Court of the First District. Marginal Note of Reporter. Subsequent statutes do not repeal previous ones by containing different provisions. They must be contrary. The jurisprudence of Spain makes a part of the Law of Louisiana. The rules in relation to real and personal statutes apply also to unwritten laws or customs. Where the personal statute of the domicil is in opposition to a real statute of situation, the real statute will prevail. Contracts are governed by the laws of the country where they are made, but they cannot be enforced to the injury of a State whose aid is required to carry them into effect. Nor where they are in opposition to the positive laws of that State. In the conflict of laws, where it is doubtful which should prevail, the court that decides should prefer the law of its own country to that of the stranger. Personal statutes of the country where a contract is sought to be enforced may sometimes control the personal statutes of the country where the contract was made. The law relating to acquests and gains made during marriage is a real, not a personal statute, and governs marriages made in other countries, where the parties reside in this, as to all property acquired after their removal, But they yield to an express agreement made on entering into marriage in another country. The contract of pledge of incorporeal things will not give a preference unless evidenced by an authentic act, or one duly recorded (a) 5 Martin, (Louisiana) Rep. New Series, p. 569. |