Foreign And Domestic Law. a Concise Treatise On Private International Jurisprudence, Based On the Decisions in the English Courts

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To say that the Court will not Contract— recognise its validity, unless some other fact is pi'oved, seems very like demanding to test that validity by its own law, and not by that of the place where the contract was made, or (in Bwranty v. Rart (a) ) by the law of the country to which the ship belonged.
It can scarcely be denied, therefore, that the judges of the Privy Council, as well as the judge of the Admiralty Court, considered themselves, in Dwanty v. Hart, to be following an established
...principle that the validity of a bottomry bond was to be decided by the general maritime law, as administered in England. Whether this be the correct effect of the case, or whether they were in truth deciding a question of evidence and procedure alone, ac- cording to the opinion expressed of their judgment in Lloyd V. GuiieH is of little consequence (6). The simplest and most intelligible view is taken in Maciachlan on Ship- ping (c), that the law actually followed did not govern the case, and that the case must be regarded as overruled by Lloyd v.

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