of entering into the contract had the law of another kingdom in view, or where the lex loci is in itself unjust, contra bonos mores (against good morals), or contrary to the public law of the state, as regarding the interests of religion or morality, or the general well-being of society. Ferguson, Marr. & D. 385; 2 Burr. 1077; 9 N. H. 271; 6 Pet. 172; 1 How. 169; 5 id. 295; 8 Paige, Ch. N. Y. 261; 17 Johns. N. Y. 511; 13 Mass. 23; 5 Clark & F. Hou. L. 11, 13; 8 id. 121; 6 Whart. 331; 2 Metc. Mass. 8; 1 B. Monr. Ky. 32; 5 Ired. No. C. 590; 2 Kent, Comm. 458; Story, Confi. Laws, 280. And where the place of performance is different from the locus contractus, it is presumed the parties had the law of the former in mind. See & 10.

3. The validity or invalidity of a contract as affected by the lex loci may depend upon the capacity of the parties or the legality of the act to be done.

The capacity of the parties as affected by questions of minority or majority, incapacities incident to coverture, guardianship, emancipation, and other personal qualities or disabilities, is to be decided by the law of the place of making the contract. Story, Conf. Laws, 103; I Grant, Cas. Penn. 51. The question of disability to make a contract on account of infancy is to be decided by the lex loci. 3 Esp. 163, 597; 17 Mart. La. 597; 8 Johns. N. Y. 189; 1 Grant, Cas. Penn. 51; 2 Kent, Comm. 233.

So, also, as to contracts made by married women. Al. 72; 8 Johns. N. Y. 189; 13 La. 177; 5 East, 31; 2 Parsons, Contr. 84, 111.

4. Personal disqualifications not arising from the law of nature, but from positive law, and especially such as are penal, are strictly territorial, and are not to be enforced in any country other than that where they originate. Story, Confi. Laws, ¿¿ 91, 92, 104, 620-625; 2 Kent, Comm. 459.

Slavery works no incapacity in those countries or states where its existence is not recognized by positive law, and the lex loci contractus is to determine capacity in this respect. 20 Howell, St. Trials, 1-15; Dowl. & R. 679; Coke, Litt. 79 b; 17 Mart. La. 598; 9 Am. Jur. 490; 4 Wash. C. C. 390; 7 Serg. & R. Penn. 378; Story, Confi. Laws, ¿ 96 a.

Natural disabilities, such as insanity, imbecility, etc., are everywhere recognized, so that the question whether they are controlled by the lex loci or lex domicilii seems to be theoretic rather than practical. On principle, there seems to be no good reason why they should come under a different rule from the positive disabilities.

5. The legality or illegality of the contract will be determined by the lex loci, unless it affects injuriously the public morals or rights, contravenes the policy or violates a public law of the country where it is sought to be enforced. 2 Kent, Comm. 458.

A contract illegal by the law of the place of its making and performance will generally be held so everywhere. 1 Gall. C. Č. 375; 2 Mass. 88, 89; 2 N. H. 42; 5 id. 401; 2 Mas.

C. C. 459; 13 Pet. 65, 78; 2 Johns. Cas. N. Y. 355; 1 Nott & M'C. So. C. 173; 2 Harr. & J. Md. 193, 221, 225; 17 Ill. 328; 16 Tex. 344; 2 Burr. 1077; 7 Term, 237; 2 Kent, Comm. 458; Henry, Foreign Law, 37, 50; Story, Confil. Laws, 243.

An exception is said to exist in case of contracts made in violation of the revenue laws. Cas. temp. Hardw. 85; 2 C. Rob. Adm. 6; 1 Dougl. 251; 1 Cowp. 341; 2 Crompt. M. & R. Exch. 311; 2 Kent, Comm. 458.

6. A contract legal by the lex loci will be so everywhere, 13 La. Ann. 117; unless

It is injurious to public rights or morals, 3 Burr. 1568; Cowp. 37; 2 Carr. & P. 347; 4 Barnew. & Ald. 650; 1 Bos. & P. 340; 6 Mass. 379; 2 Harr. & J. Md. 193; or contravenes the policy. 2 Bingh. 314; 2 Sim. Ch. 194; 1 Turn. & R. 299; 1 Dowl. & C. 342; 16 Johns. N. Y. 438; 5 Harr. Del. 31; 1 Green, Ch. N. J. 326; 17 Ga. 253. In this connection, it is held generally that the claims of citizens are to be preferred to those of foreigners in case of a conflict of rights. Assignments, under the insolvent laws of a foreign state, are usually held inoperative as against claims in the state in regard to personal property in the jurisdiction of the lex fori. 1 Green, Ch. N. J. 326; 5 Harr. Del. 31; 32 Miss. 246; 13 La. Ann. 280; 21 Barb. N. Y. 198; but see 12 Md. 54; 13 id. 392. Or violates a positive law of the lex fori. The application of the lex loci is a matter of comity; and that law must, in all cases, yield to the positive law of the place of seeking the remedy. 13 Mass. 6; 18 Pick. Mass. 193; 1 Green, Ch. N. J. 326; 12 Barb. N. Y. 631; 17 Miss. 247. See 10 N. Y. 53.

7. The interpretation of contracts is to be governed by the law of the country where the contract was made. Dougl. 201, 207; 2 Barnew. & Ad. 746; 6 Term, 224; 1 Bingh. N. c. 151-159; 1 Barnew. & Ad. 284; 10 Barnew. & C. 903; 2 Hagg. Cons. 60, 61; 8 Pet. 361; 13 id. 378; 30 Ala. N. s. 253; 4 McLean, C. C. 540; 2 Sharswood, Blackst. Comm. 141; Story, Confl. Laws, & 270; Chitty, Bills, 474.

The lex loci governs as to the formalities and authentication requisite to the valid execution of contracts. Story, Confi. Laws, 123, 260; 11 La. 14; 2 Hill, N. Y. 227; 37 N. H. 86; 30 Vt. 42. But in proving the existence of, and seeking remedies for, the breach, as well as in all questions relating to the competency of witnesses, course of procedure, etc., the lex fori must govern. 11 Ind. 385; 9 Gill, Md. 1; 17 Penn. St. 91; 18 Ala. N. s. 248; 4 McLean, C. C. 540; 3 id. 545; 5 How. 83; 6 Humphr. Tenn. 75; 17 Conn. 500; 9 Mo. 56, 157; 4 Gilm. Va. 521; 26 Barb. N. Y. 177; Story, Confl. Laws, 567, 634.

8. The lex loci governs as to the obligation and construction of contracts, 11 Pick. Mass. 32; 8 Vt. 325; 12 N. H. 520; 12 Wheat. 213; 2 Keen, 293; 1 Bos. & P. 138; 12 Wend. N. Y. 439; 22 Barb. N. Y. 118; 13 Mart. La. 202; 14 B. Monr. Ky. 556; 15

held, or transferred, 3 Russ. Ch. 328; 2 Dow. & C. 393, and the question of what is real property. 1 W. Blackst. 234; 2 Burr. 1079; 2 Dowl. 230, 250; 6 Paige, Ch. N. Y. 630; 3 Deac. & C. Bank. 704; 2 Salk. 666. And, generally, the lex rei sita governs as to the validity of any such transfer. 4 Sandf. N. Y. 252; 23 Miss. 42; 22 id. 130; 11 Mo. 314; 4 Den. N. Y. 305; 2 Bradf. Surr. N. Y. 339. As to the disposition of the proceeds, see 12 Eng. L. & Eq. 206. As to the interpretation and construction of wills, see DOMICIL.

5. The rules here given do not apply to personal contracts indirectly affecting real estate. 1 Halst. Ch. N. J. 631; Story, Conf. Laws, 351, d.

A contract for the conveyance of lands valid by the lex fori will be enforced in equity by a decree in personam for a conveyance valid under the lex rei sita. 1 Ves. Ch. 144; 2 Paige, Ch. N. Y. 606; Wythe, Va. 135; 1 Hopk. Ch. N. Y. 213; 6 Cranch, 148.

An executory foreign contract for the conveyance of lands not repugnant to the lex rei site will be enforced in the courts of the latter country by personal process. 8 Paige, Ch. N. Y. 201; 23 Eng. L. & Eq. 288; 4

Bosw. N. Y. 266.

LEYES DE ESTILLO. In Spanish

Law. Laws of the age. A book of explanations of the Fuero Real, to the number of two hundred and fifty-two, formed under the authority of Alonzo X. and his son Sancho, and of Fernando el Emplazado, and published at the end of the thirteenth century or beginning of the fourteenth, and some of them are inserted in the New Recopilacion. See 1 White, New Recop. p. 354.

c. 1, 1.

LIBEL. In Practice. The plaintiff's petition or allegation, made and exhibited in a judicial process, with some solemnity of law.

A written statement by a plaintiff of his cause of action, and of the relief he seeks to obtain in a suit. Law, Eccl. Law, 17; Ayliffe, Par. 346; Shelford, Marr. & D. 506; Dunlap, Adm. Pract. 111. It performs substantially the same office in the ecclesiastical courts, and those courts which follow the practice of the ecclesiastical courts, as the bill in chancery and the declaration in common-law practice.

2. The libel should be a narrative, specific, clear, direct, certain, not general nor alternative. 3 Law, Eccl. Law, 147. It should contain, substantially, the following requisites: the name, description, and addition of the plaintiff, who makes his demand by bringing his action; the name, description, and addition of the defendant; the name of the judge, with a respectful designation of his office and court; the thing or in the suit; the grounds upon which the suit relief, general or special, which is demanded

is founded.

articulate. The simple form is when the 3. The form of a libel is either simple or

cause of action is stated in a continuous nar

The articulate form is

which amount to a war.

articles in the libel, with as much exactness and attention to times and circumstances as

in a declaration at common law. 4 Mas. C.

C. 541.

libels, and the courts will receive such an in4. Although there is no fixed formula for strument from the party in such form as his own skill or that of his counsel may enable him to give it, yet long usage has sanctioned forms, which it may be most prudent to adopt. The parts and arrangement of libels commonly employed are:

First, the address to the court: as, To the Honorable John K. Kane, Judge of the district court of the United States within and for the eastern district of Pennsylvania.

5. Second, the names and descriptions of

the parties. Persons competent to sue at common law may be parties libellants; and similar regulations obtain in the admiralty courts and the common-law courts respecting those disqualified from suing in their own right or name. Married women prosecute by their husbands, or by prochein ami, when the husband has an adverse interest to hers; minors, by guardians, tutors, or prochein ami; lunatics and persons non compos mentis, by tutor, guardian ad litem, or committee; the rights of deceased persons are prosecuted by executors or administrators; and corporations are represented and proceeded against as at common law.

Third, the averments or allegations setting forth the cause of action. These should be conformable to the truth, and so framed as to correspond with the evidence. Every fact requisite to establish the libellant's right should be clearly stated, so that it may be directly met by the opposing party by admission, denial, or avoidance: this is the more necessary, because no proof can be given, or decree rendered, not covered by and conformable to the allegations. 1 Law, Eccl. Law, 150; Hall, Pract. 126; Dunlap, Adm. Pract. 113; 7 Cranch, 394; 21 How. Pract.

343.

6. Fourth, the conclusion, or prayer for relief and process: the prayer should be for the specific relief desired; for general relief, as is usual in bills in chancery; the conclusion should also pray for general or particular process. Law, Eccl. Law, 149. And see 3 Mas. C. C. 503.

Interrogatories are sometimes annexed to the libel: when this is the case, there is usually a special prayer, that the defendant may be required to answer the libel, and the interrogatories annexed and propounded. This, however, is a dangerous practice, because it renders the answers of the defendant evidence, which must be disproved by two witnesses, or by one witness corroborated by very strong circumstances.

7. The libel is the first proceeding in a suit in admiralty in the courts of the United States. 3 Mas. C. C. 504.

No mesne process can issue in the United States admiralty courts until a libel is filed, 1 Adm. 7, Rules of the U. S. Supreme Court. The twenty-second and twenty-third rules require certain statements to be contained in the libel; and to those, and the forms in 2 Conkling, Adm. Pract., the reader is referred. And see Parsons, Marit. Law; Dunlap, Adm. Pract.; Hall, Adm. Pract.

In Torts. That which is written or printed, and published, calculated to injure the character of another by bringing him into ridicule, hatred, or contempt. Parke, J., 15 Mees. & W. Exch. 344.

Every thing, written or printed, which reflects on the character of another and is published without lawful justification or excuse, is a libel, whatever the intention may have been. 15 Mees. & W. Exch. 437.

A malicious defamation, expressed either

in printing or writing, and tending either to blacken the memory of one who is dead or the reputation of one who is alive, and expose him to public hatred, contempt, or ridicule. 1 Hawkins, Pl. Cr. b. 1, c. 73, 1; 4 Mass. 168; 2 Pick. Mass. 115; 9 Johns. N. Y. 214; 1 Den. N. Y. 347; 24 Wend. N. Y. 434; 9 Barnew. & C. 172; 4 Mann. & R. 127; 2 Kent, Comm. 13.

It has been defined, perhaps with more precision, to be a censorious or ridiculous writing, picture, or sign made with a malicious or mischievous intent towards government, magistrates, or individuals. 3 Johns. Cas. N. Y. 354; 9 Johns. N. Y. 215; 5 Binn. Penn. 340.

8. There is a great and well-settled distinction between verbal and written slander; and this not only in reference to the consequences, as subjecting the party to an indictment, but also as to the character of the accusations or imputations essential to sustain a civil action to recover damages. Το write and publish maliciously any thing of another which either makes him ridiculous or holds him out as a dishonest man, is held to be actionable, or punishable criminally, when the speaking of the same words would not be so. 1 Saund. 6th ed. 247 a; 4 Taunt. 355; 5 Binn. Penn. 219; Heard, Libel & S. 74; 6 Cush. Mass. 75.

9. The reduction of the slanderous matter to writing or printing is the most usual mode of conveying it. The exhibition of a picture intimating that which in print would be libellous is equally criminal. 2 Campb. 512; 5 Coke, 125; 2 Serg. & R. Penn. 91. Fixing a gallows at a man's door, burning him in effigy, or exhibiting him in any igno minious manner, is a libel. Hawkins, Pl. Cr. b. 1, c. 73, s. 2; 11 East, 227.

There is, perhaps, no branch of the law which is so difficult to reduce to exact principles, or to compress within a small compass, as the requisites of a libel.

In the following cases the publications have been held to be actionable. It is a libel to write of a person soliciting relief from a charitable society, that she prefers unworthy claims, which it is hoped the members will reject forever, and that she has squandered away money, already obtained by her from the benevolent, in printing circulars abusive of the secretary of the society. 12 Q. B. 624.

is libellous to publish of the plaintiff that, although he was aware of the death of a person occasioned by his improperly driving a carriage, he had attended a public ball in the evening of the same day. 1 Chitt. Bail, 480. It is a libel to publish of a Protestant archbishop that he endeavors to convert Roman Catholic priests by promises of money and preferment. 5 Bingh. 17. It is a libel to publish a ludicrous story of an individual in a newspaper, if it tend to render him the subject of public ridicule, although he had previously told the same story of himself. 6 Bingh. 409.

A declaration which alleges that the be