Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 105

Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 105

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1910 edition. Excerpt: ...Americans residing there, a Chinese domicil could be It is true that, instead of an edict declaring the law, the Emperor by consent permitted Congress to extend its statutes to the government of Americans in this treaty port. In other words, if the identical laws which now govern Americans upon this territory had been promulgated by edict, instead of permitted by treaty, the estate of the decedent would, without question, have been conceded a domicil in Shanghai. Now then as a practical question what logical reason can be given for declaring the existence of domicil in the one case and not in the other? The decedent would have lived under precisely the same laws and upon the same foreign soil. Although the Emperor had suspended some of the Chinese laws and permitted the extension of American law to the territory, yet the source of the law was the Emperor who had never released his sovereignty over the soil. Upon this point we quote from an able article in The Law Quarterly Review, Vol. XXIV, page 444, by Prof. Huberich of Stanford University. In his analysis of Mr. Justice Chitty's opinion in Tootal's Trusts, he says: "It is quite immaterial that the Chinese law provides that persons of British nationality shall be governed by the rules of law prevailing in England, or by such laws as may be enacted and made applicable to them by the English authorities, The English law is operative in Shanghai as to certain acquired under the laws thus promulgated. persons and certain transactions only because it is permitted and adopted by the territorial sovereign." The effect, also, of declaring domicil upon Chinese soil would be precisely the same, whether the law governing the locus was Chinese or American. ln either case, more

Product details

  • Paperback | 228 pages
  • 189 x 246 x 12mm | 413g
  • United States
  • English
  • black & white illustrations
  • 1236912586
  • 9781236912589