HOMBRE BUENO. In Spanish Law. The ordinary judge of a district.
Arbitrators chosen by litigants to deter mine their differences.
Persons competent to give testimony in a cause. L. 1. t. 8, b. 2, Fuero Real.
H 0 M E. That place or country in which one in fact resides with the intention of residence, or in which lie has so resided, and with regard to which he retains either resi dence or the intention of residence. Dicey, Conti. L. 81.
"'Home' and 'domicil' do not correspond, yet 'home' is the fundamental idea of 'dom icil.' The law takes the conception of 'home,' and moulding It by means of certain fictions and technical rules to suit its own require ments, calls it 'domicil.' Or perhaps this may be best expressed by slightly altering Westlake's statement, 'Domicil is, then, the legal conception of residence,' etc., and say ing, 'Domicil is, then, the legal conception of home. "Domicil' expresses the legal re lation existing between a person and the place where he has, in contemplation of law, his permanent home." Jac. Dom. c. 3, § 72.
A person having a dwelling-house in each of two towns of the state may have his home in one town for the purposes of taxation, al though he spends the greater portion of the year in the other, and is there on the first of May ; Thayer v. City of Boston, 124 Mass. 132, 26 Am. Rep. 650. In this case domicil for taxation and home are treated as synony mous. The principal place of abode of a man and his family, when it is only a temporary abode, is not his home in the sense here required; Thayer v. City of Boston, 124 Mass. 147, 26 Am. Rep. 650.
Dwelling-place, or home, means some per manent abode or residence, with intention to remain;' and it is not synonymous with domi cil, as used in international law, but has a more restricted meaning; Inhabitants of Jefferson v. Washington, 19 Me. 293.
They do not, necessarily, continue until another is acquired; it may be abandoned, and the individual cease to have any home; id. One who abandons his home or dwelling house, with or without design of acquiring one elsewhere, has no home by construction, in the place abandoned ; id. This case was disapproved and it was held: that the town domicil, not being used in a statute (under construction) to indicate a particular status as to habitation can only be used properly as synonymous with the town residence, dwell ing-place, or home ; Inhabitants of Warren v. Thomaston, 43 Me. 406, 69 Am. Dec. 69.
The maxim that "a man's house is his castle" does not protect a man's house as his property or imply that, as such, he has a right to defend it by extreme means. The sense in which the house has a peculiar im munity is that it is sacred for the protection of the man's person. A trespass upon his property is not a justification for killing the trespasser. It is a man's house, barred and inclosing his person, that is his castle. The lot of ground on which it stands has no such sanctity. When a man opens his door and puts himself partly outside of it, he re linquishes the protection which, remaining within and behind closed doors, it would have afforded him. Com. v. McWilliams, 21 Pa. Dist. R. 1131.
See DOMICIL; HOMESTEAD; FAMILY.