KFLCC Kingdom Law 2nd Ed.

717

LEX EST DICTAMEN RATIONIS

LEX

ance of a contract is to be made.— Lex ordi nandi. The same as lex fori, (q. v.)— Lex rei sitae. The law of the place of situation of the thing.— Lex situs. Modern law Latin for "the law of the place where property is situated." The general rule is that lands and other im movables are governed by the lex situs; i. e., by the law of the country in which they are sit uated. Westl. Priv. Int. Law, 62.

the common law. Hale, Com. Law, 52.— Lex imperatoria. The Imperial or Roman law. Quoted under this name, by Fleta, lib. 1, c. 38, $ 15; Id. lib. 3, c. 10, § 3.— Lex judicialis. An ordeal — Lex manif esta. Manifest or open law; the trial by duel or ordeal. The same with lex apparens, (q. v.) In King John's char ter (chapter 38) and the articles of that charter (chapter 28) the word "mamfestam" is omitted. —Lex non scripta. The unwritten or com mon law, which includes general and particular customs, and particular local laws.— Lex sae ramentalis. Purgation by oath.— Lex scrip ta. Written law; law deriving its force, not from usage, but from express legislative enact ment; statute law. 1 Bl. Comm. 62, 85.— Lex terrse. The law of the land. The common law, or the due course of the common law; the general law of the land. Bract fol. 176. Equiv alent to "due process of law." In the strictest sense, trial by oath; the privilege of making oath^ Bracton uses the phrase to denote a free man's privilege of being sworn in court as a juror or witness, which jurors convicted of per jury forfeited, (legem terra amittant.) Bract fol. 2926. written or unwritten, or so much thereof as may be applicable to a particular case or question, considered as being local or pe culiar to a given state, country, or jurisdic tion, or as being different from the laws or rules relating to the same subject-matter which prevail in some other place. — Lex domicilii. The law of the domicile. 2 Kent, Comm. 112, 433.— Lex fori. The law of the forum, or court: that is, the positive law of the state, country, or jurisdiction of whose judicial system the court where the suit is brought or remedy sought is an integral part. "Remedies upon contracts and their incidents are regulated and pursued according to the law of the place where the action is instituted, and the lex loci has no application." 2 Kent, Comm. 462. "The remedies are to be governed by the laws of the country where the suit is brought; or, as it is compendiously expressed, by the lex fori." Bank of United States v. Don nally, 8 Pet. 361, 372, 8 L. Ed. 974. "So far as the law affects the remedy, the lev fori, the law of the place where that remedy is sought, must govern. But, so far as the law of the construc tion, the legal operation and effect, of the con tract, is concerned, it is governed by the law of the place where the contract is made." Warren v. Copelin. 4 Mete. (Mass.) 594, 597. See L E X LOCI CONTRACTUS.— Lex loci. The law of the place. This may be of the following several descriptions: Lex loci contractus, the law of the place where the contract was made or to be per formed ; lex loci actus, the law of the place where the act was done; letx loci rei sttce, the law of the place where the subject-matter is situated; lex loci domicilii, the law of the place of domicile.— Lex loci contractus. The law of the place of the contract The local law which governs as to the nature, construction, and validity of a contract. See Pritchard v. Norton, 106 U. S. 124, 1 Sup. Ct 102, 27 L. Ed. 104; Gibson v. Connecticut F. Ins. Co. (C. C.) 77 Fed. 565.— Lex loci delictus. The law of the place where the crime took place.— Lex loci rei sitae. The law of the place where a thing is situated. "It is equally settled in the law of all civilized countries that real proper ty, as to its tenure, mode of enjoyment, trans fer, and descent, is to be regulated by the lex loci r°t sitw." 2 Kent, Comm. 429.— Lex loci solutionis. The law of the place of solution; the law of the place where payment or perform In modern American and English ju risprudence. A system or body of laws,

Lex sequitate gaudet.

Law delights in

equity. Jenk. Cent p. 36, case 69.

Lex aliquando sequitur eequitatem. Law sometimes follows equity. 3 Wils. 119. 2 Inst. 315. The law of England is a law of mercy. Lex Anglise non patitur absurdum. 9 Coke, 22a. The law of England does not suffer an absurdity. Lex Anglise nunquam matris sed sem per patris conditionem imitari partum judicat. Co. Litt. 123. The law of England rules that the offspring shall always follow the condition of the father, never that of the mother. Lex Anglise nunquam sine parliamento mutari potest. 2 Inst. 218. The law of England cannot be changed but 'by parlia ment. Lex beneficialis rei consimili remedium praestat. 2 Inst. 689. A beneficial law af fords a remedy for a similar case. Lex citius tolerare vult privatum dam num quam publicum malum. The law will more readily tolerate a private loss than a public evil. Co. Litt. 152. Lex contra id quod prsesumit, proba tionem non recipit. The law admits no proof against that which it presumes. Lofft, 573. The law provides for the. future, the judge for the past. Lex deficere non potest in justitia ex hibenda. Co. Litt. 197. The law cannot be defective in dispensing justice. Lex Anglise est lex misericordise. Lex de futuro, judex de prseterito. Lex dilationes semper exhorret. 2 Inst 240. The law always abhors delays. Law is from ever lasting. A strong expression to denote the remote antiquity of the law. Jenk. Cent. p. 34, case 66. Law is the dictate of reason. Jenk. Cent p. 117, case 33. The common law will judge according to the law of nature and the public good. Lex est ab aeterno. Lex est dictamen rationis.