DOMINION

Ownership, or property. 2 Bl. Comm. 1. the dominion of the bill." Sovereignty or lordship; as the dominion of the seas. Moll. de Jure Mar. 91, 92. H

Ownership or right to property. 2 Bla. Com. 1. "The holder has dominion of the bill." 8 East 579. Sovereignty or lordship, as the dominion of the seas. Black, L. Dict. See DOMINIUM. DOMINIUM (Lat.). Perfect and com- plete property or ownership in a thing. Plenum in re dominium, plena in re potestas. This right is composed of three principal elements, viz.: the right to use, the right to enjoy, and the right to dispose of the thing, to the exclusion of every other person. To use a thing, jus utendi tantum, consists in employing it for the purposes for which it is fit, without destroying it, and which em- ployment can therefore be repeated; to enjoy a thing, jus fruendi tantum, consists in receiving the fruits which it yields, whether natural or civil, quidquid ex re nascitur; to dispose of a thing, jus abutendi, is to destroy it, or to transfer it to another. Thus, he who has the use of a horse may ride him, or put him in the plow to cultivate his own soil; but he has no right to hire the horse to another and receive the civil fruits which he may produce in that way. On the other hand, he who has the enjoyment of a thing is entitled to receive all the profits or revenues which may be derived from it, either from natural or civil fruits. And, lastly, he who has the right of disposing of a thing, jus abutendi, may sell it, or give it away, etc., subject, however, to the rights of the usuary or usu- fructuary, as the case may be. These three elements, usus, fructus, abusus, when united in the same person, constitute the dominium; but they may be, and frequently are, separated: so that the right of disposing of a thing may belong to Primus, and the rights of using and enjoying to Secundus, or the right of enjoying alone may belong to Secundus, and the right of using to Tertius. In that case, Primus is always the owner of the thing, but he is the naked owner, inasmuch as for a certain time he is actually deprived of all the principal ad- vantages that can be derived from it. Secundus, if he has the use and enjoyment, jus utendi et fruendi simul, is called the usufructuary, ususfructuarius: if he has the enjoyment only, jus fruendi tantum, he is the fructuarius; and Tertius, who has the right of use, jus utendi tantum, is called the usuary, -usuarius But this dismemberment of the elements of the dominium is essentially temporary; if no shorter period has been fixed for its duration, it ter- minates with the life of the usuary, fructuary, or usufructuary for which reason the rights of use and usufruct are called personal servitudes. Besides the separation of the elements of the dominium among different persons, there may also be a jus in re, or dismemberment, so far as real estates are con- cerned, in favor of other estates. Thus, a right of way over my land may exist in favor of your house; this right is so completely attached to the house that it can never be separated from it, except by its entire extinction. This class of jura in re is called predial or real servitudes. To constitute this servitude, there must be two estates belonging to different owners: these estates are viewed in some measure as juridical persons, capable of acquiring rights and incurring obligations. The estate in favor of which the servitude exists is the creditor-estate; and the estate by which the servitude is due, the debtor- estate. 2 Mariadé. See EMINENT DOMAIN.

or residence of a party, as distinguished from his temporary and transient though actual place of residence. One is his legal residence as distinguished from his temporary place of abode; in other words, one is his home, as distinguished from the place or places to which business or pleasure may temporarily call him.1 Primarily a person's domicil is his legal home; but domicil implies more than mere residence in a country.2 The domicil of a person may be in one place and his residence in another.3 sable: residence in the new locality, and the intention to remain there, facto et animo. Mere absence from a fixed home, however long continued, cannot work the change. Among the circumstances usually relied upon to establish the animus manendi are: declarations, exercise of political rights, payment of personal taxes, a house of residence, a place of business.1 A change does not depend so much upon the intention to remain in the new place for a definite or an indefinite period, as upon its being without an intention to return to the former place of actual residence. An intention to return, however, at a remote or indefinite Residence, with no present intention of removal, period, will not control, if the other facts which conconstitutes domicil. "Domicil" has a fixed and definite signification. For the ordinary purposes of citizenship there are rules of general, if not of universal, acceptation applicable to it. "Citizenship," "habitancy" and "residence" are severally words which may in the particular case mean precisely the same as "domicil," but frequently they may have other and inconsistent meanings, and while in one use of language the expressions a change of domicil, of citizenship, of habitancy, of residence, are necessarily identical or synonymous, in a different use of language they import different ideas. In international law, domicil means a residence at a particular place, accompanied with positive or presumptive proof of intending to continue there for an unlimited time.. To ascertain this domicil, it is proper to take into consideration the situation, the employment, and the character of the individual; the trade in which he is engaged, the family he possesses, and the transitory or fixed character of his business are ingredients which may properly be weighed." Domicil is spoken of: as national, or that of a person's country, and opposed to domestic, or that of a subdivision of a country; as foreign, established in another state; as commercial, the place of one's trade or business; of birth, that of one's parents; acquired, vested by the law; by choice, selected of free will; by law, by operation of law. Once existing, a domicil continues until another is acquired; when a change is alleged the burden of proof rests upon the party making the allegation. To constitute a new domicil, two things are indispen1 Town of Salem v. Town of Lyme, 29 Conn. 79 (1860), Hinman, J. 2 McDonald v. Salem Capital Flour-Mills Co., 31 F. R. 577 (1887). Lyon v. Lyon, 30 Hun, 456 (1883); Foss v. Foss, 58 Ν. Η. 284 (1878), cases. 4 Lindsay v. Murphy, 76 Va. 430 (1882). Borland v. City of Boston, 132 Mass. 93 (1882), Lord, J. • Guier v. O'Daniel, 1 Binn. *350 (1806), Rush, P. J.; State v. Collector, 32 N. J. L. 194 (1867); Mitchell v. United States, 21 Wall. 352 (1874). 'Livingstone v. Maryland Ins. Co., 7 Cranch, 542 (1813), Story, J.; The Venus, 8 Cranch, 278 (1814). stitute domicil all give the new residence the character of a permanent home and place of abode. The intention and actual fact of residence must concur, when such residence is not in its nature temporary. There is a right of election by expressed intention, only when the facts are to some extent ambiguous.2 A domicil of origin is presumed to be retained until residence elsewhere has been shown. A domicil of origin, or an acquired domicil, remains until a new one is acquired. A native domicil is not so easily changed as an acquired domicil, and is more easily lost. A man can have but one domicil at the same time for the same purpose.2 Domicil is acquired by residence and the animus manendi, the intent to remain. A wife's domicil is that of the husband; but she may acquire a separate one, whenever necessary or proper, as, for a suit in divorce,5 q. v. See also CITIZEN; LEX, Domicilii; RESIDE. Complete ownership; absolute property.6 The right in a corporeal thing, from which arises the power of disposition and of claiming it from others.7 Proximate dominion. Obtaining possession by delivery of a thing sold, which, 1 Mitchell v. United States, 21 Wall. 353, 352 (1874), cases, Swayne, J.; Desmare v. United States, 93 U. S. 609 (1876); Doyle v. Clark, 1 Flip. 537-38 (1876), cases; Lindsay v. Murphy, 76 Va. 430 (1882); 21 Cent. Law J. 430-32 (1885), cases - Solicitors Journal (London). 2 Hallet v. Bassett, 100 Mass. 170-71 (1868), cases, Colt, J.; Guier v. O'Daniel, 1 Am. Lead. Cas. 747-50, cases. • Ennis v. Smith (Kosciusko's Case), 14 How. 423 (1852). 4 Newton v. Commissioners, 100 U. S. 562 (1879), Swayne, J. • Cheever v. Wilson, 9 Wall. 124 (1869); Cheely v. Clayton, 110 U. S. 705 (1884), cases; 2 Bishop, Mar. & D. 475; 23 Alb. Law J. 86 (1881), cases. See generally 13 Am. Law Rev. 261-79 (1879), cases; 11 Cent. Law J. 421-25 (1880), cases; 1 Wall. Jr. 262; 7 Fla. 81, 152; 46 Ga. 277; 74 III. 314; 89 Ind. 177; 51 Iowa, 79; 20 La. 314; 26 id. 338; 52 Me. 165; 27 Miss. 718; 54 id. 310; 77 Mo. 678; 37 N. J. L. 495; 8 Wend. 142; 8 Paige, 524; 31 Barb. 476; 67 N. Y. 379; 71 Pa. 309; 42 Vt. 352. See 2 Bl. Com. Ch. I. Coles v. Perry, 7 Tex. 186 (1851), Hughes, S. J.

Sovereign or supreme authority; the power of governing and controlling; independent right of possession, use, and control; sovereignty; supremacy. I praised and honored him that liveth forever, whose dominion is an everlasting dominion. Dan. iv. 34. To choose between dominion or slavery. Jowett (Thucyd. ). Superior prominence; predominance; ascendency. Objects placed foremost ought . . . have dominion over things confused and transient. Dryden. That which is governed; territory over which authority is exercised; the tract, district, or county, considered as subject; as, the dominions of a king. Also used figuratively; as, the dominion of the passions. A supposed high order of angels; dominations. See Domination, Milton. By him were all things created . . . whether they be thrones, or dominions, or principalities, or powers. Col. i. 16.

Power or the use of power; sovereignty over something; stewardship, supremacy. | Predominance; ascendancy. | A kingdom, nation, or other sphere of influence; governed territory. | kingdom | An order of angel in Christian angelology, ranked above virtues and below thrones.

Any of the self-governing nations of the British Commonwealth until 1949.