11. Residence in a place, to produce a change of domicile, must be voluntary. Thus, if it be produced by constraint, as by banishment, arrest, or imprisonment, it cannot affect the domicile. For the same reason a person abroad in the ser vice of the state does not change his domi cile. But it has been held that a Scotch man entering the service of the East India Company acquires a domicile in India, which (like a domicile acquired in any of the colonies) is in legal effect the same as a domicile in England.
12. It was held in the Roman law that a man might, under certain circumstances, be said to have no domicile, as when he quits one place of residence with the in tention of fixing himself in another. Bat this is not admitted in our law, in which, as before stated, it is held that the former domicile is not lost till the new one is acquired animo et facto. And in the pos sible case of a man of unknown origin acquiring two contemporaneous domiciles under the same circumstances, the /ex loci rei sites would probably prevail ex neces sitate in questions as to his personal pro Perty.
Thus it appears that domicile, con sidered in relation to the civil status or the person, is of three kinds—lst, domi cile of origin, depending on that of the parents at the time of birth; 2nd, domi cile of choice, which is voluntarily ac quired by the party; and, 3rd, domicile by operation of law, as that of a wife, arising from marriage.
The word domicile is sometimes used in another sense, as signifying the length of residence required by the law of some countries for the purpose of founding jurisdiction in civil actions. In England every person, whether native or foreigner, who is for the time being within England, is amenable to the jurisdiction of its courts, and may sae or be sued in them; but in Scotland a residence of at least forty days within the country is necessary to establish jurisdiction ratione (On the subject of Domicile, see Story's Commentaries on the Conflict of Laws, c. iii.)