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to persons domiciled in Australia, of money “to be spent in masses for the soul of (testator’s) late wife,” was bad as being void by English law (the lex domicilii), though good by the law of Victoria. '
This is perfectly consistent with the recognised law on the subject. See In re Trufort, 36 Ch. D. 601, In re Andros, 24 Ch. D.
The misuse of the word “Domicile” in the sense of mere “ residence,” was aptly illustrated in a case before the Privy Council recently reported, McMnllenv. Wadsworth, 59 L.]. P.C. 7. The Civil Code of Lower Canada requires marriages to be solemnised at the place of domicile of one of the parties, such domicile to be established by a residence of six months in the same place. It further provides that marriage shall, in the absence of special provisions, produce community of goods, but subject to the rule that succession to movable property is governed by the lex doinicilii. The Privy Council held that in the former case, domicile meant “ residence ” merely; in the latter, Domicile in the true International Law sense. Hence a “ domicile" in Lower Canada, sufficient to validate the marriage as regards locality, did not necessarily oust the domicile proper so as to produce community of goods.
The decision in Levasseur and another v. Mason and Barry 63 L.T. 700, affords a curious illustration of the well recognized principle that a foreign bankruptcy or liquidation, in the domicile of the debtor, carries all the debtor's property (movables at any rate) wherever situate. The case was one of many arising out of the recent failure of the Societé des Métaux, The actual point at issue was whether the appointment, at the suit of a creditor in England, of a receiver to receive certain monies due to the Société, did not operate to create a transfer of ownership in such monies so as to prevent the subsequent liquidators of the Société claiming them. Day, ]., decided this question in the affirmative, on the ground that a receivership order is “if not an execution in terms--in the nature of an execution.”
The learned judge’s dicta on the general effect of a foreign bankruptcy are very valuable and clear, especially on the point that “upon a Bankruptcy (in the forum domicilii) a Trustee, or Liquidator, or Syndic . . . . becomes entitled to have all the property, in whatever country it may be situated, which belonged at the time of his Bankruptcy to the debtor.” In the present case, however, “all substantial interest in the property” in question had passed from the Société to the judgment creditors, Messrs. Mason and Barry.
The Incorporated Council of Law Reporting for England and Wales recently prepared a pleasant surprise for their subscribers. We will give it in their own words: “The Council have determined to wind up the current series of the Law Reports at the end of the present year, 1890, with a General.Digest, and to commence a new series of the Law Reports with the year 1891.”
Although the Profession, which witnesses with patience the continued appearance of the Weekly Notes, has probably long ceased to be astonished at anything which the Council may do, the Council, Ito do them justice, seem to have realised that some explanation might be expected as to their latest step. Here it is: “As many subscribers have been deterred from subscribing to the Law Reports by the fact that they must either begin with an incomplete series, or else purchase, at a considerable cost, the volumes already issued by the Council, the commencement of a new series will afford a convenient opportunity for gentlemen who are not already subscribers to become so.” The modesty of the Legal Profession and of gentlemen who are likely to subscribe to a series of Law Reports may be taken for granted, along with the grammar and meaning of the above sentence, but it does not seem to have occurred to the Council, that a gentleman, or anyone else, who wants a book for professional use, and has the means of paying for it, will probably buy it, even at the risk of allowing his clients to see that he would rather have an incomplete series than none at all. To hope to attract new subscribers by any improvement in the Reports for the future would perhaps be unreasonable in the eyes of those who are aware of the unbounded admiration which the work of the Council in the past has commanded; but the allusion to the “considerable cost ” may well have raised great expectations in the minds of any who are familiar with the financial position of the Council. After giving £1,000 a year a piece to their editors, and adequately remunerating the barrister's clerk who is popularly believed to be responsible for the Weekly Notes of Cases, and for their consequent unfailing rejection as authorities by the Courts, and after paying the youngest of their reporters a salary from four to twentyfold that offered by other employers whose Reports are cited with respect, it appears by the last Balance-Sheet of the Council, published in May, that in the previous December they carried over £20,000 to the Reserve Fund, held (among other property) investments valued at nearly £ 36,000, and had also £7,000 at their bankers. But although the Council are never weary of asserting that their services are “ perfectly gratuitous,” and that they are not a commercial body (and indeed their method of business may confidently be cited in support of the statement), and exist only for the good of their subscribers, they cannot reduce by one penny the “considerable cost ” of even “ an incomplete series." For it would seem that, in their unselfish endeavour to conduct their business on non-commercial principles, they have disposed of the entire back stock (hitherto valued in their estimates at “ cost price,” thus becoming “ available when sold”) to their publishers, at a figure which, if not “ perfectly gratuitous,” necessarily requires those gentlemen to expect, and to charge accordingly to the “subscribers who have been deterred from subscribing,” aprice which must naturally be more than even the “ considerable cost” which would otherwise have been paid direct to the Council.
It is an accepted principle of commerce, outside the present sphere of the Incorporated Council, that the public will buy a good article, and the following suggestions, some of which have already appeared in our pages, are offered to the Council as an even better means of attracting “ subscribers who have been deterred from subscribing ” than the commencement of a new series, which can only be cited by a most clumsy abbreviation, i.e., as we understand,  1 Ch.,  2 Ch.,  1 Q.B., &c.
Let a few practical men be added to the Council, which at present consists partly of gentlemen, who are so very eminent and busy that they cannot possibly attend to the details which the Council should superintend, and partly of gentlemen who were busy and eminent so many years ago that they can hardly realise the professional wants of their present or future subscribers. Let this Council occasionally read through their Charter of Incorporation, and so learn their powers and duties, and especially that their funds are exclusively applicable to professional objects. This alone would obviate the squandering again of thousands of PoundsI in the preparation of such a monument of uselessness as the Index to Gazettes, a work which weighs between five and six pounds, and is believed never to have found a single purchaser except the Government, for whose benefit the funds of the Council were not subscribed. Let the original proposal (see Weekly Notes, Vol. I., No. 1) that each decision should be published as nearly as may be within a month (not from three to six months) of its date, be observed. Let some one be responsible for seeing that the well paid reporters of the Council are duly at their posts, and do not furnish reports which are merely made up of such information as may have been gleaned from other reporters, or the newspapers and the shorthand writers. Let the reporters be forbidden to undertake such work as examinerships, and reporting for various periodicals in other Courts than that to which they have been appointed by the Council, and let no reporter be authorised by the Council to report in more than one Court. If a foolish mistake has been made by a reporter, let the matter be honestly corrected by notice in the Errata in the usual way, and not slurred over by an expensive reprint of four or eight pages, in the hope of concealing it. Let some proportion Iof the enormous and unnecessary reserve fund of the Council be expended upon some more distinctly “ professional object ” than the purchase of Metropolitan stock or Consols, or an excessive deposit account with a banker; for it is certain that the only contingency against which provision is now professedly made, viz., the utter collapse of the whole concern, is one which need never be contemplated if the Council will but properly discharge their duties. It is now more than five