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fully 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 0. Smith, 3 Metcalfe (Kentucky) Rep., 264: and of the next of kin in Marrion v. Titsworth, 18 B. Monroe (Kentucky) Rep., 597.
In Evans o. 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 tbere, would be sufficient to found the jurisdic.
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 of the court at the time of his death.
Doglioni o. Crissini, Law Rep., 1 House of Lords, 301. • The parties in interest in the place of principal administration are not bound by a judgment given in the place of ancillary administration, Low o. Bartlett, 90 Massachusetts Rep., 259; Ela v. Edwards, 85 Id., 48.
dents domiciled abroad, in the cases provided in Articles 338 and 340. The treaty between the United States and Honduras, July 4, 1864, (13 0. 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.
ARTICLE 699. Extent of admiralty jurisdiction of a nation.
700. “Seas " defined,
The provisions of the Code in relation to jurisdiction over property, and the effect of judgments in rem, should seein to be adequate for the pur. pose of fixing the proper limits of the judicial power in cases of admirally jurisdiction in its international aspects. The distinction between the jurisdiction of ordinary courts and those of admiralty, is mainly impor. tant as a question of municipal law, and even there is rapidly disappear. ing 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 Story's Conf. of L., 423 g; 423 h. “ Seas" defined.
700. The “seas” inentioned 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 e. Fitzhugh, 12 Howard U. 8. Supr. Ct. Rep., 443 ; Fretz o. 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 name 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 the English admiralty, see Accounts and Papers, 1867, vol. LVII., (19.)
702a, In case of collision on the high seas, any one injured in person or property, and the legal representative of any one killed, may seek redress in the admiralty court of any country where the colliding ship or the greater part of its freight, or the owner of either, or any master, mariner, or other person complained of, may be found, at any time within three years after the collision. The court shall thereupon proceed, as in other cases in admiralty, and in conformity with the procedure established pursuant to the last article, to hear and decide the case, and may award such damages or other civil redress as shall be just. But before proceeding to judgment, the court shall address to an admiralty judge of the country to which the person or property
proceeded against belonged at the time of the collision, an invitation to sit in the court, in person or by substitute, if he will, at a convenient time and place to be agreed on, and take part in the decision. The judgment shall be executed at any place within the ordinary jurisdiction of the court or of the judge invited, and in all other courts shall be held valid and conclusive.
702b. In every case of collision, the party aggrieved, instead of proceeding for civil redress as in the last article mentioned, or in addition thereto, may, with the sanction of his own government, and in its name, proceed by a criminal action against any owner, master, mariner, or other person, by whose fault the collision occurred, and in such action the court, being such as is in the last article mentioned, may inflict punishment upon the offender by fine, not exceeding five thousand dollars, or imprisonment, not exceeding five years, or by both such fine and imprisonment.
"THE adoption of such a Code as is here proposed, contemplates the prolongation, and, if possible, the perpetuation, of a state of Peace, between the nations uniting in its adoption. It is among its chief objects, by defining rights and obligations that are now uncertain, to remove, or at least to diminish, the causes of war; by reducing, upon common consent, tbe excessive armaments of modern times, to reduce the temptations to war, and, by the establishment of tribunals of arbi. tration, to render a resort to it unnecessary and wrongful, in ordinary cases of difference.
The regulations for these purposes contained in the first Book of the Code, narrow the scope of the regulations necessary for the second Book. The adoption of the system would unite the assenting nations in an alliance for mutual advantage, under which it seems both practicable and safe for them to renounce, as against each other, the most mischievous of the old rigbts of war; and to concede to each other the exemptions which the most humane of modern treaties have recognized, and the ameliorations of the evils of war for which the most enlighiened jurists have contended.
The influence of modern civilization has affected the usages of war in two opposite directions. It has increased the deadly character of combat