ON

COLONIAL AND FOREIGN LAWS

GENERALLY,

AND

IN THEIR CONFLICT

WITH EACH OTHER,

AND

WITH THE LAW OF ENGLAND.

BY WILLIAM BURGE,

OF THE INNER TEMPLE, ESQ. ONE OF HER MAJESTY'S COUNSEL.

IN FOUR VOLUMES.

VOL. IV.

LONDON:

SAUNDERS AND BENNING, LAW BOOKSELLERS,
(SUCCESSORS TO J. BUTTERWORTH AND SON,)

43, FLEET STREET.

LONDON:

PRINTED BY RAYNER AND HODGES,

15, Shoe Lane, Fleet Street.

I. By death.-Effect of absence in affording the presumption of death.—

Doctrine of the civil law and of the codes founded on it.-The former

law of France.-The rules established by the Code Civil.-Doctrine

of the law of England.

II. Presumptions respecting survivorship when two persons have perished

at the same time, and under circumstances which afford no proof

which of them first died.-To what extent the sex, age, bodily

strength, &c., may afford these presumptions.-The rule adopted by

the civil law, and by other systems of jurisprudence, in the succession

ab intestato by descendants.-Ascendants.-Collaterals.-Survivor-

ship of mother and infant of which she was delivered.-Husband

and wife. Survivorship of testator, devisee, or legatee.-In cases of

substitutions, fideicommissa, donations. Decisions of the Parliament

of Paris.-Rules adopted by the Code Civil.-The cases decided in

England.

p. 5

SECTION I.

UNDER THE CIVIL LAW AND THE LAW OF SPAIN.

I. The Civil Law, Novell 118.-Order in which the heirs are called.—

Descendants.-Representation.-Children born in wedlock.-In con-

cubinatu.-Spurii.-Ascendants.-Collaterals.-Agnati. —Cognati.—

Husband and wife.-Succession to each other.

II. The law of Spain.

p. 30

SECTION II.

SUCCESSION AB INTESTATO BY THE LAW OF HOLLAND.

The law of succession of North Holland and South Holland.—In Demerara,

Berbice, Cape of Good Hope, and Ceylon.-Peculiar principles of the two

laws. As distinguished from the civil law.-Descendants, ascendants,

collaterals.-The issue born in concubinatu on the same footing as other

children born out of wedlock.-The succession of husband and wife

to each other not recognized.

p. 50

SECTION III.

LAW OF FRANCE.

I. Coutume of Paris.-Except in fiefs there was no distinction founded on

primogeniture or difference of sex.-The privileges conferred on the

eldest son.-Succession distinguished as being in the direct descending,

ascending, and collateral lines.-Rules applicable to all these species of

succession. Seisin of heir.-Rule applicable to succession in the direct

descending line.-Equal division of the succession.-Preferences to either

of the children not admitted.-Succession in the ascending line.-

Rules in case there are biens propres.-Succession amongst collaterals.—

Biens propres.-Moveables and acquéts.-No preference given to the

double line.

II. Normandy, coutume of.-Succession to biens propres in the direct and

collateral lines.-Preference of males.-Primogeniture.-Succession to

biens acquets and moveables.

III. Code civil.-Rejects the distinction between biens propres and acquets,

and the rule paterna paternis, materna maternis.-Representation, to

what extent admitted in the descending line.-Natural children.-Ascend-

ing line. Collaterals.-Husband and wife.

P. 62