IN HABITANT. One who has his domicil in a place; one who has an actual fixed resi dence in a place. As used in the federal ju risdiction act of 1789, it means citizen. Shaw v. Mining Co., 145 U. S. 444, 12 Sup. Ct. 935, 36 L. Ed. 768.
A mere intention to remove to a place will not make a man an inhabitant of such place, although, as a sign of such intention, he may have sent his wife and children to reside there ; 1 Ashm. 126. Nor will his intention to quit his residence, unless consummated, deprive him of his right as an inhabitant; Barnet's Case, 1 Dall. (Pa.) 153, 1 L. Ed. 77 ; Lyle v. Foreman, 1 Dall. (Pa.) 480, 1 L. Ed. 232. See 14 Viner, Abr. 420; 6 Ad. & E. 153.
"The, words `inhabitant,' citizen,' and 'resi dent,' as employed in different constitutions to define the qualifications of electors, mean substantially the same thing ; and one is an inhabitant, resident, or citizen at the place where he has his domicil or home ;" Cooley, Const. Lim. 755 ; Munroe v. Williams, 37 S. C. 81, 16 S. E. 535, 19 L. R. A. 665. But the terms "resident" and "inhabitant" have also been held not synonymous, the latter imply ing a more fixed and permanent abode than the former, and importing privileges and du ties to which a mere resident would not be subject ; Board of Sup'rs of Tazewell Coun-• ty v. Davenport, 40 Ill. 197 ; Bartlett v. May
or, etc., 5 Sandf. (N. Y.) 44; Isham v. Gib bons, 1 Bradf. (N. Y.) 69 ; Lee v. City of Boston, 2 Gray (Mass.) 484; State v. Ross, 23 N. J. L. 517. Where a question was to be submitted to the "inhabitants" of a mu nicipality it has been held to mean legal vot ers ; Walnut v. Wade, 103 U. S. 683, 26 L. Ed. 526. When relating'to municipal rights, powers, or duties, the word inhabitant is al most universally used as signifying precisely the same as domiciled; Borland v. City of Boston, 132 Mass. 98, 42 Am. Rep. 424.
Property conveyed to the inhabitants of a town as a body politic and corporate vests in the town as a corporation ; Town of New market v. Smart, 45 N. H. 87. See ALIEN; CITIZEN; DOMICIL; NATURALIZATION; HOME.