All matters relative to remedial or adjective law are governed by the lex fori, i. e., the law of the place where the action is tried.

This rule is thus explained by Mr. Dicey in his work on the Conflict of Laws:1

"The principle that procedure is governed by the lex fori is of general application and universally admitted, but the courts of any country can apply it only to proceedings which take place in, or at any rate under the law of, that country. In a body of Rules, therefore, such as those contained in this Digest, which state the principles enforced by an English court, the maxim that procedure is governed by the lex fori means in effect that it is governed by the ordinary law of England, without any reference to any foreign law whatever. The maxim is in fact a negative rule; it lays down that the High Court, in common, it may be added, with every other English court, pursues its ordinary practice and adheres to its ordinary methods of investigation, whatever be the character of the parties, or the nature of the cause which is brought before it.

"'A person,' it has been said, 'suing in this country, must take the law as he finds it; he cannot, by virtue of any regulation in his own country, enjoy greater advantages than other suitors here, and he ought not therefore to be deprived of any superior advantage which the law of this country may confer. He is to have the same rights which all the subjects of this kingdom are entitled to,' and the foreign defendant, it may be added, is to have the advantages, if any, which the form of procedure in this country gives to every defendant.

1 Chapter 31.

"Whilst, however, it is certain that all matters which concern procedure are in an English court governed by the law of England, it is equally clear that everything which goes to the substance of a party's rights and does not concern procedure is governed by the law appropriate to the case.

"The law on this point is well settled in this country, where this distinction is properly taken, that whatever relates to the remedy to be enforced must be determined by the lex fori - the law of the country to the tribunals of which the appeal is made,' but that whatever relates to the rights of the parties must be determined by the proper law of the contract or other transaction on which their rights depend."