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THE GREEN BAG

or without residence, prolonged or brief, it has nothing in common with private-law domicile, and has only been accidentally and improperly employed to designate the state of affairs. But in its ordinary and proper sense it is, not withstanding, a criterion of enem3r (though not of neutral) character, whether the party be a trader or otherwise. And this ordinary and proper sense is its normal sense in prize matters as in others. "So that when Lindley, L. J., says that ' The subject of a state at war with this country who is carrying on business here or in a foreign neutral country, is not treated as an alien enemy; the validity of his contracts does not depend on ... his real domicile, but on the place or places in which he carries on his busi ness or businesses,' we are led to express a respectful doubt. We venture to think that it is his real domicile which will be decisive, if the leading cases are not a maze of confused thought and more confused expression. "The only author who in recent years has firmly grasped the essential fact that com mercial domicile is none other than civil P- 157). "It has never been clear to us why modern domicile in a peculiar aspect is Twiss. Here, writers introduce into the complicated subject as so often, the strong good sense of that of domicile the fresh complication which illustrious jurist supplies an invaluable beaconarises from the use of the term ' commercial light in navigating the sea of confusion. domicile.' Prior to quite recent times a con "' It has been sometimes said ' (vol. ii, p. tinuous catena of authorities — writers and 306) ' that there is a peculiarity about domicile judges — have asserted that the secondary- in time of war, as distinguished from domicile criterion of enemy character in war time in time of peace; and that as a person may (enemy nationality being a primary and con have establishments in two countries for com clusive criterion), is domicile in the enemy mercial purposes, he may have in time of war country. They add that the carrying on of for commercial purposes both a neutral Domi business in the enemy country will have the cile and a belligerent Domicile. . . . [But] an same result, quoad the business and the individual can only have one personal Domicile for international purposes, in the sense in which property connected with it. "Now, does ' domicile ' here mean anything Domicile is a criterion of a person being a but what it means when used in the sense in friend or an enemy, for no person can be at the which we are familiar with it as the criterion same time both a friend and an enemy under of the personal law of an individual — namely, the Law of Nations.' He adds: ' The more philosophical view would rather seem to be permanent residence in a given country?" Mr. Baty discusses the views of eminent that which does not admit the Domicile of the international law writers, including Westlake, owner to be conclusive of the immunity of his Phillimore, Foote, Wharton, Dicey, Stowell, property. . . but only allows it to found a Wheaton, Marshall, Story and Lushington and presumption of immunity, which may be various cases, reaching the following con rebutted ..." e.g. by its being embarked in the enemy's trade. But in general, ' all clusion : "In so far as the term ' domicile ' is used to natural -born subjects of a belligerent power denote the possession of a house of trade, with who may have abandoned their native country

ECONOMICS (African Trade). " The Mar ket in African Law and Custom," by Xorthcote W. Thomas, Journal of the Society of Com parative Legislation (U. $., V. ix, p. 90). EDUCATION. " A Defect in Law School Curricula," by Charles C. Moore, Law Notes (V. xii, p. 126). EQUITY (Injunctions). " The Rationale of the Injunction," by William Trickett, American I*aw Review (V. xlii, p. 687). Criti cising severely the trial of contempt cases with out a jury and by the judge whose command has been violated. HISTORY. " Anti-Loyalist Legislation Dur ing the American Revolution (Continued)," by James Westfall Thompson, October Illinois Law Review (V. iii, p. 147). HISTORY. " Sources of Hindu Law." by S. X. Ray, Allahabad Law Journal (V. v, p. 249). INTERNATIONAL LAW (Domicile). "Trade Domicile in War," byT. Baty, Journal oj the Society of Comparative Legislation (U. S.,V. ix,