Rule 10.- Notice of the appointment of an assignee shall be given by publication once a week for three successive weeks in two of the newspapers named in Rule 21, at least one of which shall be a newspaper published in the city and county of New York; such newspapers to be selected by the assignee with due regard to the requirements of Section 14 of the act.

Ordered, That Rule 10 of said Rules, Orders, and Regulations, be amended by striking out the word "assignee," where it last occurs, and inserting instead the word "register."

Passed July 1, A.D. 1867.

Rule 11.-Notices of sale by an assignee under Rule 21 of the "General Orders in Bankruptcy,” shall be advertised in two, if there be two, and if not, then in one of the newspapers named in Rule 21, published in the county where the sale is to take place, the selection of such newspapers to be made by the assignee; but in the city and county of New York, one of them shall be a morning paper, and one an evening paper.

Ordered, That Rule 11 of said Rules, Orders, and Regulations, be amended by striking out the words "assignee; but in the city and county of New York, one of them shall be a morning paper, and one an evening paper," and inserting instead the word "register."

Passed July 1, A.D. 1867.

Rule 12. The notice to creditors of dividends or meetings required by the 17th, 27th, and 28th Sections of the act, shall be such as is provided for by the order contained in Form No. 28; and the assignee shall select one newspaper, in which the notice shall be published, from among the newspapers specified in Rule 21.

Ordered, That Rule 12 of said Rules, Orders, and Regulations, be amended by striking out the word "assignee,", and inserting instead the word "register." Passed July 1, A.D. 1867.

Rule 13.-The list of debts provided for by Section 23 of the act shall be made and certified by the register to whom the petition or case is referred, and he shall place thereon all debts which are duly proved.

Rule 14. The assignee shall, under Section 27 of the act, produce and file vouchers for all payments made by him, except as to items in regard to which the court shall, for reasonable cause, dispense with vouchers.

Rule 15.- The notice by the assignee, under Section 28 of the act, of the filing of his account, and of his application for a settlement and discharge, shall be given by him by sending written or printed notices by mail, prepaid, of such filing, and of the time of such application, to all known creditors of the bankrupt.

Rule 16.

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All questions for trial or hearing, under Sections 31 and 34 of the act, shall be tried or heard at a stated session of the court, on four days' notice of trial or hearing, to be served by either party upon the other party, and upon the clerk; and a calendar of the same shall be made.

Rule 16 of this Court in Bankruptcy is hereby amended so as to read as follows:

All questions for trial or hearing under Sections 31 and 34 of the act, and all questions under Section 41 of the act, which are not ordered to be tried by a jury, shall be brought on upon testimony taken before a register, a commissioner, or a referee, and shall be tried or heard by the court, and will be so tried or heard on any Saturday in term, at a stated session of the court, on four days' notice of trial or hearing, to be served by either party upon the other party, and upon the clerk, and a separate calendar of the same shall be made by the clerk for every Saturday in the term, on which the cases shall be arranged in the order in which the same are numbered, according to General Order No. 1.

Passed Feb. 21, A.D. 1868.

Rule 17.- The application, under Section 34 of the act, to set aside and annul a discharge, shall be verified by the oath or affirmation of the applicant, and the answer of the bankrupt to the application shall answer specifically the allegations of the application, and shall be verified in like manner.

Rule 18.

The demand in writing for a trial by jury, under Section 41 of the act, shall be signed by the debtor or his attorney.

Rule 19. All issues, questions, points, and matters stated in writing, under Rule 11 of the "General Orders in Bankruptcy," or under the 4th Section or the 6th Section of the act, or according to Form No. 50, and adjourned into court for decision, or stated in a special case for the opinion of the court, shall be certified to the judge by the register by a certificate, which shall also state briefly the opinion of the register on the issue, question, point or matter, and shall be delivered or sent to the clerk; and no oral or written argument shall be allowed on any such issue or question, unless by special leave of the court.

Rule 20.-In pursuance of Rule 28 of the "General Orders in Bankruptcy," the following National Banks in this district are designated as those in which all moneys received by assignees or paid into court in the course of any proceedings in bankruptcy shall be deposited, namely:

The list of banks is here omitted, as is the list of newspapers in the next rule; as they must necessarily be different in the different States.

All moneys received by the clerk of the court on account of any bankrupt estate, or paid into court in the course of any proceedings in bankruptcy (except the sums

deposited with the clerk under Section 47 of the act), shall be deposited in said bank in the city and county of New York; and all sums received by an assignee on account of any estate of which he is assignee shall be deposited in such one of said banks as he shall select by a writing to be signed by him, and filed with the clerk. The check, or warrant, for drawing moneys deposited by the clerk, shall be signed by the clerk, and countersigned by the judge. The check, or warrant, for drawing moneys deposited by an assignee, shall be signed by him, and countersigned by the register designated to act in the case of the estate on account of which such moneys were deposited.

Rule 21.

The following newspapers are designated as those in which all publications required by the act, or the "General Orders in Bankruptcy," or these rules, may be made, namely:- (the names of the newspapers are here omitted.)

The marshal and the clerk, and every register or assignee, when required to publish any notice or advertisement, shall preserve and return to the court a copy, cut from each newspaper in which it is published, of each notice and advertisement as published, with a certificate as to the particulars of the publishing, showing that the required publication has been made.

Rule 22.-In case of the absence of the judge at the time and place noticed or appointed for any hearing or proceeding before him in bankruptcy, or if the matter then fails to be called or acted on, the same shall be deemed continued, without other order, to the next sitting of the court thereafter, at which time the like proceedings may be had thereupon as if first noticed or appointed for such day.

Rule 23.—If the marshal shall, under Rule 13 of the "General Orders in Bankruptcy," appoint special deputies to act as messengers, he shall, as far as possible, designate one or more of such special deputies to be attached to the office of each register, for the purpose of causing the notices to be published and served which are specified in the warrants issued in the cases referred to such register.

Rule 24. All notices served or sent by mail by the marshal, the clerk, or an assignee, shall be so written or printed and folded, that the direction, postage-stamp, and post-mark shall be upon the notice itself, and not upon an envelope or other separate piece of paper.

Rule 25.- Special cases not comprehended within the foregoing Rules, or the "General Orders in Bankruptcy," or the Forms, shall be submitted to the judge.

CHAPTER XXIV.

THE LAW OF PLACE.

SECTION I.

WHAT IS MEANT BY THE LAW OF PLACE.

IF either of the parties to a contract is not at home, or if both are not at the same home, when they enter into the contract, or if it is to be executed abroad, or if it comes into litigation before a foreign tribunal, then the rights and the obligations of the parties may be affected either by the law of the place of the contract, or by the law of the domicil or home of a party, or by the law of the place where the thing is situated to which the contract refers, or by the law of the tribunal before which the case is litigated. All of these are commonly included in the Latin phrase lex loci, or, as the phrase is translated, the Law of Place.

It is obvious that this law must be of great importance wherever citizens of distinct nations have much commercial intercourse with each other. In this country it has an especial and very great importance, from the circumstance that, while the citizens of the whole country have at least as much business connection with each other as those of any other nation, our country is composed of thirty-six separate and independent sovereignties, which are, for most commercial purposes, regarded by the law as foreign to each other.

SECTION II.

THE GENERAL PRINCIPLES OF THE LAW OF PLACE.

THE general principles upon which the law of place depends are four. First, every sovereignty can bind, by its laws, all persons and

all things within the limits of the State. Second, no law has any force or authority of its own, beyond those limits. Third, by the comity or courtesy of nations, aided in our case, as to the several States, by the peculiar and close relation between the States, and for some purposes by a constitutional provision, the laws of foreign States have a qualified force and influence.

The fourth rule is perhaps that of the most frequent application. It is, that a contract which is not valid where it is made is valid nowhere else; and one which is valid where it is made is valid everywhere. Thus a contract made in Massachusetts, and there void because usurious, was sued in New Hampshire and held to be void there, although the law of New Hampshire would not have avoided it if it had been made there. But courts do not take notice of foreign revenue laws, and will enforce foreign contracts made in violation of them. If contracts are made only orally, where by law they should be in writing, they cannot be enforced elsewhere where writing is not required; but if made orally where writing is not required, they can be enforced in other countries where such contracts should be in writing. The rule, that a contract which is valid where it is made is valid everywhere, is applicable to contracts of marriage.

As contracts relate either to movables or immovables, or, to use. the phraseology of our own law, to personal property or to real property, the following distinction is taken. If the contract refers to personal property (which never has a fixed place, and is therefore called, in some systems of law, movable property), the place of the contract governs by its law the construction and effect of the contract. But if the contract refers to real property, it is construed and applied by the law of the place where that real property is situated, without reference, so far as the title is concerned, to the law of the place of the contract. Hence, the title to land can only be given or received as the law of the place where the land is situated requires and determines. And it has been said that the same rule may properly apply to all other local stock or funds, although of a personal nature, or so made by the local law, such as bank stock, insurance stock, manufacturing stock, railroad shares, and other incorporeal property, owing its existence to, or regulated by, pecu