ON THE CONFLICT OF LAWS, FOREIGN AND DOMESTIC, IN REGARD TO CONTRACTS, RIGHTS, AND REMEDIES, AND ESPECIALLY IN REGARD TO MARRIAGES, DIVORCES, WILLS, SUCCESSIONS, AND JUDGMENTS. BY JOSEPH STORY, LL. D., ONE OF THE JUSTICES OF THE SUPREME COURT OF THE UNITED STATES, AND DANE PROFESSOR OF LAW IN HARVARD UNIVERSITY. "Ill régnera donc toujours entre les nations une contrariété perpétuelle de loix; peutêtre régnera-t-elle perpétuellement entre nous sur bien des objets. Delà la nécessité de s'instruire des règles, et des principes, qui peuvent nous conduire dans la décision des questions, que cette variété peut faire naître." — BOCLLINOIS, Traité de la Personalité, &c., des Loix, Préface. SIXTH EDITION, CAREFULLY REVISED AND CONSIDERABLY ENLARGED. BY ISAAC F. REDFIELD, LL. D. BOSTON LITTLE, BROWN, AND COMPANY. 1865. Entered according to Act of Congress, in the year 1857, by WILLIAM W. STORY, in the Clerk's Office of the District Court of the District of Massachusetts. Entered according to Act of Congress, in the year 1865, by WILLIAM W. STORY, in the Clerk's Office of the District Court of the District of Massachusetts. 350650 UNIVERSITY PRESS: CAMBRIDGE. ADVERTISEMENT TO THE SIXTH EDITION. IN preparing this edition, the late English and American cases have been generally inserted; and the advance, or qualification of the law, upon any point, since the decease of the author, carefully noted; and it has been the purpose of the editor to give the present state of the English and American law, upon all the leading questions discussed in these Commentaries, in as brief and succinct a form as possible. The new matter thus added amounts to about one hundred sections, and more than half that number of pages; but the whole volume is so printed as to occupy less space than the former editions, without any essential change of type. It is hoped the edition will be acceptable to the Profession. The present additions are thus indicated : [*]. BOSTON, May 1, 1865. I. F. R: ADVERTISEMENT TO THE SECOND EDITION. THE former edition of this work being exhausted, I have availed myself, in the preparation of the present edition, of the opportunity of revising, correcting, and amending the text and notes throughout, and of adding such new materials as have been furnished by the recent authorities at the common law, as well as by more diligent researches into foreign jurisprudence. For the opinions of some foreign jurists, I was obliged, in the former edition, (as the reader was informed in the notes,) to rely upon the citations from their works, which I found in other authors, not having access to the originals. With one or two unimportant exceptions, the originals of these foreign jurists are now in my possession, and have been consulted by me; so that I have been enabled to correct some errors in those citations, and also to furnish more complete and perfect statements of their respective opinions. Perhaps it may not be useless here to add, that in every case, where any authority for any position is cited at the bottom of the page, the reader may rest assured, that the very citation has been perused and diligently compared by me with the original. As the works of foreign jurists, especially of those who lived before the middle of the eighteenth century, are rarely to be found in American Libraries, either public or private, and are becoming daily more scarce and difficult to be purchased abroad, I have made my extracts therefrom more copious, and often cited a* |