DOMICILE

That place in which a man has voluntarily fixed the habitation of him- self and family, not for a mere special or temporary purpose, but with the present in- tention of making a permanent home, until some unexpected event shall occur to induce him to adopt some other permanent home. In its ordinary acceptation, a person's domicile is the place where he lives or has his home. In a strict and legal sense, that is properly the domi- cile of a person where he has his true, fixed, per- manent home and principal establishment, and to which, whenever he is absent, he has the intention of returning. 42 Vt. 350; 9 Ired. 99. Domicile is but the established, fixed, permanent, or ordinary dwelling-place or place of residence of a person, as distinguished from his temporary and transient, though actual, place of residence. It is his legal residence, as distinguished from his tem- porary place of abode; or his home, as distin- guished from a place to which business or pleas- ure may temporarily call him. 29 Conn. 74. Domicile is the place where a person has fixed his habitation and has a permanent residence, without any present intention of removing there- from. 4 Barb. 504, 520. One's domicile is the place where one's family permanently resides. 46 Ga. 277. In international law, "domicile" means a resi- dence at a particular place, accompanied with pos- itive or presumptive proof of intending to continue there for an unlimited time. 32 N. J. Law, 192. "Domicile" and "residence" are not syn- onymous. The domicile is the home, the fixed place of habitation; while residence is a transient place of dwelling. 5 Sandf. 44. The domicile is the habitation fixed in any place with an intention of always staying there, while simple residence is much more temporary in its character. 4 Hun, 489.

Domicile is of three sorts,-domicile by birth, domicile by choice, and domicile by operation of law. The first is the common case of the place of birth, domicilium orig- inis; the second is that which is voluntarily acquired by a party, proprio motu; the last is consequential, as that of the wife arising from marriage. Story, Confl. Laws, § 46. The term "domicile of succession," as contradis tinguished from a commercial, a political, or a forensic domicile, may be defined to be the actual residence of a man within some particular juris- diction, of such character as shall, in accordance with certain well-established principles of the public law, give direction to the succession of his personal estate. 7 Fla. 81.

(409) DOMESTIC SERVANTS, (who are). 6 La. Ann. ceedings. This much at least may be collected from the injunctions to observe it which were 276, 277. found in the laws of Edward the Elder, son of Alfred. (1 Bl. Com. 64.) Alfred has generally been styled the legum Anglicanarum conditor, as (who are not). 43 Tex. 456. LATIN: domicilium, from domus, a house or home, and colere, to inhabit. In Roman law there was no opportunity for questions of domicile in our sense of the word to arise, because there was one system of law for the whole of the civilized world. The empire was divided into municipalities or local self-governed districts (civitates or respublicæ), all subject to the jus commune or imperial law, but having peculiar constitutions, jurisdictions and legislatures. Every subject of the empire was a member of at least one of these municipalities, either by origo, which was the case when he had been born, adopted or manumitted in it, or by domicilium (Cod. X. 39, 7; Dig. L. i. 1), which was the case when he voluntarily chose the municipality as the chiet place of his business and pleasure. (Ibid.; Dig. L. 1. 27, 2 1; L. 16. 203.) Domicilium, therefore, was merely a peculiar mode of becoming a member of a municipality, with its accompanying incidents of burdens and liabilities; consequently a person could at the same time have an origo in one municipality and a domicilium in another or in several others (The whole subject is exhaustively treated by Savigny, System, viii 350-359; Sav. Pr Int Law, 42 et seq.), just as a person at the present day may be rated in respect of several parishes. Many modern writers seem to suppose that the Roman domicilium is exactly equivalent to our "domicile." and quote the definitions and principles of the Roman law as authorities on the subject. (See, especially. Story Coufli L. The possibility of a Roman having several domicilia is quoted as an argument for the existence of the same rule in English law, infra, 28) The same ignorance has given rise to the barbarous expression domicilium originis, which purports to be the equivalent for "domicile of origin" in Roman law, where it would have been an impossible combination, domicilium and origo being opposed to one another Savigny, viii. 105. See LEX LOCI: NATIONALITY; RESIDENCE. 1. Domicile is the legal home of a DOMESTIC DISTILLED SPIRITS, (in a statute). person, or that place where the law pre64 Pa. St. 100, 103. sumes that he has the intention of perma- (410) nently residing, although he may be absent also sometimes said to have domiciles from it or even never have been there. when their operations are carried on in (Infra, & 4.) See Westl. Pr. Int. Law 28, and one country and their administration or the various definitions of domicile quoted in Phillim. ch. ii. They generally err in being applicable only to domicile of choice. Infra, &7. direction in another. Thus, a company formed in England to construct a railway in Germany, and having its principal seat of administration in England, would be said to be domiciled in England. See Savigny Syst. viii. 65; Buenos Ayres, &c., Rail. Co. v. Northern Rail. Co., 2 Q. B. D. 210. See, also, NON-RESIDENT; RESIDENT. Domicile is of three kinds2. The question where a person is domiciled may be important, because it is by the law of that place that his civil status, so far as it is independent of his voluntary acts, is regulated. Thus, in England, the question whether one person can contract 4. Domicile of origin. The domia legal marriage with another is decided, cile of origin or birth (natural domicile) not by the law of the country where he is that which a child receives from its happens to go through the ceremony, but parents at its birth. Every person preby the law of his domicile, (Sottomayer v. serves his domicile of origin until he De Barros, 3 P. D. 1; Niboyet v. Niboyet, acquires another domicile, and on his 4 P. D. 1. But where the parties have abandoning or losing an acquired domicile, different domiciles, see Sottomayer v. De his domicile of origin revives. Thus, if a Barros, 5 P. D. 94; Harvie v. Farnie, 5 P. husband and wife domiciled in England D. 153. The prevailing rule is otherwise take a voyage to India, and a child is born in the United States. Story Confl. L., & to them on the voyage, or in India before 103;) so the legitimacy and majority of they acquire a domicile there, its domicile a child (except with reference to his is English, (Somerville v. Somerville, 5 Ves. capacity of inheriting real estate, Doe d. Birtwhistle v. Vardell, 5 Barn. & C. 438; see 2 Bl. Com. 248, n. (11)) depend on the law of its parents' domicile, (see Skottowe v. Young, L. R. 11 Eq. 474; In re Hellermann's Will, L. R. 2 Eq. 363;) and the manner in which personal estate devolves on the death of the owner is regulated not by the law of the country where he dies, nor by that of the place where the property is, but by the law of his domicile. (1 Jarm. Wills (4 edit.) 2.) Real estate is regulated by the lex loci rei sitæ (q. v.) Formerly, also, in England, a will of personal estate had to be made according to the formalities required by the law of the country where the testator was domiciled at the time of his decease; but changes his domicile, the infant's domicile this rule has been abolished as to wills ipso facto changes too. (As to whether the made after the 6th August, 1861, and it is mother or guardian of an infant whose now sufficient if a will made out of the father is dead can influence his domicile, United Kingdom by a British subject was see Phillim. Dom. 37.) So the domicile of made according to the forms required a wife follows that of her husband. As to either by the law of the place where it was the domicile of a wife deserted or judi made, or by the law of his domicile at the time, or by the law of his domicile of origin. Wms. Pers. Prop. 365; Stat. 24 and 25 Vict. с. 114. 3. Corporations and companies are 749;) if the child grows up and settles in India, he acquires an Indian domicile (infra, & 8;) if he leaves India with the intention of settling permanently in America, he loses his Indian domicile, and his English domicile revives, so that if he dies before reaching America, the succession to his personal property will be regulated by English law. Udny v. Udny, L. R. 1 Sc. App. 441. 25. Necessary domicile. Domicile by operation of law (necessary domicile) is that which attaches to a person independently of his or her will, and without reference to birth, residence or other facts. 6. Thus the domicile of an infant follows that of his father, so that if the father cially separated from her husband, see Le Sueur v. Le Sueur, 1 P. D. 139. As to the domicile of a widow, see Phillim. Dom. 27. 7. Domicile of choice arises where a person having the power of changing (411) DOMICILE, (defined). 8 Cranch (U. S.) 253, 278; 52 Me. 165, 173; 10 Mass. 488, 501; 23 Pick. (Mass.) 170, 176; 2 Dougl. (Mich.) 515, 523; 27 Miss. 704, 718; 8 Abb. (N. Y.) Pr. 78, 97; 31 Barb. (N. Y.) 475; 4 Id. 504; 1 Bosw. (N. Y.) 673; 1 Bradf. (N. Y.) 69; 9 How. (N. Y.) Pr. 272; 40 Id. 263; 5 N. Y. 422; 8 Paige (N. Y.) 519, 524; 1 Wend. (N. Y.) 43, 45; 3 Vr. (N. J.) 194. (synonymous with "dwelling-place," "residence" or "home"). 4 Kan. 232, 238; 43 Me. 406, 419; 99 Mass. 587, 591; 19 Minn. 488, 492; 59 Mo. 238, 242. his domicile, voluntarily abandons his existing domicile and settles in another country with the intention of permanently residing there (animo manendi). (Lord v. Colvin, 4 Drew. 366.) Questions of change of domicile are proverbially difficult to determine, owing to the ambiguity of ordinary conduct; thus, a person may have lived many years abroad without having acquired a foreign domicile, if it appears that his reason for so doing was a desire to avoid his creditors or the like. "Although residence may be some small primâ facie proof of domicile, it is by no means to be inferred from the fact of residence that domicile results, even although you do not find that the party had any other residence in existence or in contemunder (distinguished from "residence"). 42 Miss. 186, 192; 4 Barb. (Ν. Υ.) 504, 520; 5 Sandf. (N. Y.) 44; 2 Robt. (Ν. Υ.) 701. and "home"). 19 Me. 293, 301. (not synonymous with "inhabitancy" or "residence"). 16 Gray (Mass.) 337, 340; 8 Wend. (N. Y.) 134. (distinguished from "dwelling-place" plation." (Bell v. Kennedy, L. R. 1 Sc. App. than 321.) So an ambassador or public minister 348. does not acquire a domicile in the country where he resides as a matter of duty. (not synonymous with "residence" bankrupt act). 4 Bankr. Reg. 613. (has a more extensive signification "residence"). 4 Humph. (Tenn.) 346, (what constitutes). 3 Wheat. (U. S.) 14; 15 La. Ann. 637, 638; 58 Me. 207, 211; 10 Pick. (Mass.) 77, 98; 99 Mass. 587, 592; 100 Id. 167, 170; 15 N. H. 137; 2 Add. 6; 2 Bos. & P. 229 n.; 3 Ves. 198, 201; 5 Id. 750. 28. Principal domicile. --Some writers affirm that a person may have two domiciles, one of them being called the "principal domicile." (See Phillim. ch. 3.) The doctrine seems contrary to the principles of English law, except in this sense, that a person may be domiciled in one place according to the law of one country, 349 п., 351. (what is not a). 2 Pet. Adm. 438, 450. (how acquired). 2 Wheat. (U. S.) 77; 13 Me. 225, 228; 21 Id. 357, 361; 36 Id. 428, 430; 5 Md. 186; 3 Bradf. (Ν. Υ.) 267; 4 Id. 127; 4 Cow. (N. Y.) 516; 1 Daly (N. Y.) 534; 16 Johns. (N. Y.) 128, 133; 67 N. Y. 379; 5 Ired. (N. C.) Eq. 190; 1 Binn. (Pa.) 336, (how ascertained). 1 Metc. (Mass.) and domiciled in another place according 242, 245, 250, 252; 59 Mo. 238; 8 Wheel. Am. to the law of another country. Thus, the C. L. 398; 8 Com. Dig. 525. fact of a Frenchman having resided in England for a number of years may be sufficient to give him an English domicile according to English law, and yet not suf ficient to divest him of his French domicile according to French law.* * Udny v. Udny, L. R. 1 Sc. App. 441. The error seems to have arisen partly from a misapprehension of the meaning of domicilium in Roman law, partly from a confusion between domicile and nationality (q. v.) For other points as to domicile, see Platt v. A. G. of New South Wales, 3 App. Cas. 336; Hamilton v. Dallas, 1 Ch. D. 257, where it was decided that the provisions of the Code Napoléon, 13, requiring the (a question of intention and not of time). 1 Gall. (U. S.) 274, 285; 5 Greenl. (Me.) 396, 399. (U. S.) 110, 114. (what is a foreign minister's). 1 Dall. (change of). 14 Johns. (N. Υ.) 428. (a student at college does not change his, by his residence at the college). 7 Mass. 1. an imperfect domicile,) in one country, thus altogether losing his former domicile in another. The expression "de facto domicile," however, is used by French jurists to denote one of two domiciles. "Si l'on pouvoit avoir deux domiciles, ce seroit par rapport à des objets tout différens; ainsi l'un pourroit être un domicile de fait qui influeroit sur tout ce qui regarde directement la personne domiciliée; l'autre un domiauthorization of the French government as the cile de droit et de volonté, qui décideroit du sort condition for the enjoyment of full civil rights de la succession." Cochin's argument in the by a foreigner resident in that country, do not case of the Marquis d'Hautefort, Œuvres, t. 3, prevent the acquisition, by simple residence cum p. 327, cited by Phillim. Dom. 15, n. (c). See, animo manendi, of a "de facto domicile" governalso, Le Sueur v. Le Sueur (1 P. D. 139), where ing the devolution of his personal property. the expressions "bond fide domicil" and "matBy this seems to be meant, not that a person rimonial domicil" are used. What these expresmay have a domicile de facto in one country, sions mean is not clear, but from the reference

An abode or mansion; a place of permanent residence, either of an individual or a family. A residence at a particular place accompanied with an intention to remain there for an unlimited time; a residence accepted as a final abode. Wharton.

To establish in a fixed residence, or a residence that constitutes habitancy; to domiciliate. Kent.

A home or residence. | A residence at a particular place accompanied with an intention to remain there for an unlimited time; a residence accepted as a final abode. | The zodiac sign over which a planet (a term which in astrology includes the Sun and Moon) is considered to have especially strong influence; the planet is called the sign's ruling planet or sign ruler.

To have a domicile in a particular place.