6. Domicil is said to be of three sorts, domicil by birth, by choice, and by operation of law. The place of birth is the domicil by birth, if at that time it is the domicil of the parents. Story, Conti. Laws, 46 ; 2 Ham. Eecl. 405 ; 5 Tex. 211. See 10 Rich. So. C. 38. If the parents are on a journey, the actual domicil of the parents will generally be the place of domicil. 5 Yes. Ch. 750 ; Westlake, Priv. Int. Law, 17. Children of ambassadors, and children born on seas, take the domicil of their parents. Story, Conti. Laws, 48.
The domicil of an illegitimate child is that of the mother, Story, Conti. Laws, 46; 35 Me. 411; 8 Cush. Mass. 75; see Westlake, Priv. Int. Law, 19, where the place of birth is said to be their domicil at common law ; Cald. 559 ; of a legitimate child, that of the father. 2 Hags. Eccl. 405 ; 1 Binn. Penn. 349. The domicil by birth of a minor conti nues to be his domicil till changed. 1 Binn. Penn. 349 ; 3 Zabr. N. J. 394. 8 Blackf. Ind. 345.
7. Domicil by choice is that domicil which a person of capacity of his free will selects to be such. Residence by constraint, which is involuntary by banishment, arrest, or im prisonment, will not work a change of do micil. Story, Conti. Laws, 47 • 3 Yes. Ch. 198, 202 ; 11 Conn. 234; 5 Tex. 211; 1 Milw. 191.
Domicil is conferred in many cases by ope ration of law, either expressly or consequen tially. Children born in foreign lands, of parents who are at the time citizens of the Ignited States, have their domicil of birth in the United States. 10 Rich. Eq. So. C. 38. See 26 Barb. N. Y. 383.
The domicil of the husband is that of the wife. 9 Bligh, Hou. L. 83, 104 ; 2 Stockt. N. J. 238 ; 29 Ala. N. s. 719. A woman on marriage takes the domicil of her husband, and a husband, if entitled to a divorce, may obtain it though the wife be actually resident in a foreign state. 2 Clark & F. Hou. L. 488 ; I Add. Penn. 5, .19; 1 Dow. 117 ; 2 Curt. Eccl. 351. See, also, 15 Johns. N. Y. 121; 1 Dev. & B. Eq. No. C. 588; 11 Pick. Mass. 410; 14 id. 181 ; 2 Strobh.Eq. So. C. 174. But, if entitled to a divorce, the wife may acquire a separate domicil, which may be in the same jurisdiction. Bishop, Marr. & Div. 728 ; 16 Jur. 366. She may rest on ber husband's domicil for the purpose. 15 N. H. 159; 1 Johns. Ch. N. Y. 389 ; 5 Yerg. Tenn. 203 ; 6 Humphr. Tenn. 148 ; 8 Watts
& S. Penn. 251. See 10.
S. A wife divorced a mensa et thoro may acquire a separate domicil so as to sue her husband in the United States courts, 21 How. 445 ; so where the wife is deserted. 5 Cal. 280 ; 2 Eng. L. & Eq. 52 ; 2 Kent, Comm. 573.
Tke domicil of a widow remains that of her deceased husband until she makes a change. Story, Conti. Laws, 46 ; 18 Penn. St. 17. It seems that the domicil of the ward will follow that of the guardian, Story, Confi. Laws, 506, n.; 1 Binn. Penn. 349 ; 5 Yes. Ch. 750 ; 3 Mer. Ch. 67 ; 9 Mass. 543 ; 5 Pick. Mass. 20 ; especially where the guard ian is a parent. Story, Confl. Laws, 506.
Ambassadors and other foreign ministers retain their domicil in the country to which they belong and which they represent. 3 C. Rob. Adm. 13, 27 ; 4 id. 26 ; 14 Beay. Rolls, 441. This does not apply to consuls and other commercial agents. 1 C. Rob. Adm. 79 ; Thornt. 445 ; 1 Barb. N. Y. 449 ; Encyc. Am. Domicil.
Commercial domicil. There may be a com mercial domicil acquired by maintenance of a commercial establishment in a country, in relation to transactions connected with such establishments. 1 Kent, Comm. 82; 2 id. 11, 12.
9. Change of domicil. Any person, sui juris, may make any bond fide change of do micil at any time. 5 Madd. Ch. 379 ; 5 Pick. Mass. 370 ; 35 Eng. L. & Eq. 532. And the object of the change does not affect the right, if it be a genuine change with real intention of permanent residence. 3 Wash. C. C. 54G; 5 Mae. C. C. 70 ; 1 Paine, C. C. 594; 2 Sumn. C. C. 251. Children follow the do micil of the father, if the change be made bona file, 2 Salk. 528 ; 2 Brown, Ch. 500 ; 6 Madd. Ch. 89 ; 16 Mass. 52 ; Ware, Dist. Ct. 464 ; Story. Eq. Jur. 574 ; 27 Mo. 280 ; but there are limitations to this power in the case of alien parents, 10 Yes. Ch: 52 ; 5 East, 221 ; 8 Paige, Ch. N. Y. 47 ; 2 Kent, Comm. 226, and of the mother, if a widow, Burge, Comm. 38 ; 30 Ala. N. s. 613 ; see 2 Bradf. Surr. N. Y. 214 ; not, however, if she acquires a new domicil by remarriage. 2 Bradf. Surr. N. Y. 414; 8 Cush. Mass. 528 ; 11 Humphr. Tenn. 536.
10. The guardian is said to have the same power over his ward that a parent has over his child. 5 Pick. Mass. 20 ; 15 Mass. 239 ; 1 Binn. Penn. 349, n. ; 3 Mer. Ch. 67 2 Kent, Comm. 227. See 18 Ga. 5.