Home >> Cyclopedia Of Knowledge >> Democracy to Endowed Schools >> Domicile_P1

Domicile

residence, intention, origin, party, cile, change and acquired

Page: 1 2

DOMICILE. In the Roman law Domi cile (Domicilium) was defined to be that place which a person " makes his family residence, and principal place of business ; from which he does not depart unless some business requires : when he leaves it he considers himself a wanderer, and when he returns to it he deems himself no longer abroad." (Cod. lib. 10, tit. 39, 1, 7.) Similar definitions of the term are given by modern jurists.

The constitution of domicile depends on the concurrence of two elements—lst, residence in a place ; and, 2nd, the inten tion of the party to make that place his home. Domicile cannot be established except it be ammo et facto, that is, ac lly and in intention also. It iq some times not very easy to determine in what place a person actually has his domicile. It is obviously a question depending upon the evidence in each particular case, which is of course capable of every variety, both in nature and degree. The evidence as to the place of residence is frequently far from clear; while the intention of the party has to be gathered from circum stances yet more difficult to come to a conclusion upon.

The following rules appear to comprise the generally adopted principles on the subject :— 1. The domicile of the parents is the domicile of the child. " Parris ueagaaam unusquisque sequitur." (Cod. lib. 10, tit. 31, 1, 36.) This is usually called the domicile of origin or nativity, and is in most cases the same with the place of birth. But the mere accident of birth in a place where the parents may happen to be in itinere, or on a visit, will have no effect in determining the domicile of origin. An illegitimate child, having no father in contemplation of law, follows the domicile of his mother.

2. Minors are generally considered incapable of changing, by their own act, the domicile of origin during their mi nority. If the father change his domi cile, that of the children follows it ; and if he dies, his last domicile will be that of his infant children. It has been much questioned whether the guardians of mi nors, idiots, or lunatics can change their domicile. It has been held in England that a mother, being guardian, might change the domicile of her children, pro vided it was not done for a fraudulent purpose, which would be presumed in the absence of any reasonable motive. In

Scotland a minor, after the age of puberty, is not personally under the control of his guardian, and may change his domicile by his own act.

3. A married woman follows the domi cile of her husband.

4. A widow retains the domicile of her late husband till she acquires another.

5. The place where a man resides is, for a great many purposes, to be con sidered his domicile, and, primd facie, is to be taken to be so till other facts eFS3l1 lish the contrary.

6. Every person of full age, who re moves from one place to another, with the intention of making the latter his place of residence, immediately constitutes it his domicile.

7. The domicile of origin must be con sidered to prevail till the party has not only acquired another, but manifested and carried into effect an intention of aban doning his former domicile, and abiding by another as his sole domicile. But the domicile of origin cannot be preserved by a mere floating intention of returning to it at some fut .re period, or revived by a mere abandonment of the acquired domi cile, unless perhaps where the party dies in itinere towards the intended domicile. " It is to be remembered," says Sir Win. Scott (Lord Stowell), "that the native character easily reverts, and that it re quires fewer circumstances to constitute domicile in the case of a native subject than to impress the national character on one who is originally of another country." 8. Aal acquired domicile is not lost by mere abandonment, but continues until a subsequent domicile is acquired, which can be done only animo et facto.

9. A married man's domicile is gener ally to be taken to be where the residence of his family is ; unless this conclusion is controlled by circumstances, such as proof that he has altogether abandoned his family, or that their place of residence is temporary : but 10. If a man, whether married or not, has two places of residence at different times of the year, that will be esteemed his domicile which he himself selects, describes, or deems to be his home, or which appears to be the centre of his affairs ; e. g. that of a nobleman or country gentleman, his residence in the country— that of a merchant, his residence in town.

Page: 1 2