RESIDENCE. Personal presence in a fixed permanent abode. Roosevelt v. Kellogg, 20 Johns. (N. Y.) 208 ; Sears v. Bos ton, 1 Mete. (Mass.) 251.
A residence is different from a domicil, al though it is a matter of great importance in determining the place of domicil. The essen tial distinction between residence and domi cil is that the first involves the intent to leave when the purpose for which one has taken up his abode ceases. The other has no such intent ; the abiding Is animo man endi. One may seek a place for the purposes of pleasure, of business, or of health. If his intent be to remain, it becomes his domicil; if his intent be to leave as soon as his pur pose is accomplished, it is his . residence; Brisenden v. Chamberlain, 53 Fed. 311. See Cambridge v. Charlestown, 13 Mass. 501; Hallowell v. Saco, 5 Greenl. (Me.) 143; Peo ple v. Platt, 50 Hun 454, 3 N. Y. Supp. 367; 59 L. J. 67 ; DOMICIL. But it has been held synonymous with domicil, as to appointment of .a guardian ; Cahon's Estate, 15 Pa. Co. Ct. Rep. 312. It Is an element of domicil. See Appeal of Taney, 97 Pa. 74 ; Dicey, Dom. 1. Residence and rhabitancy are usually synony mous; Lee v. Boston, 2 Gray (Mass.) 490; 2 Kent 574, n. Residence indicates perma nency of occupation, as distinct from lodg ing, or boarding, or temporary occupation, but does not include as much as domicil, which requires an intention combined with residence ; Jefferson v. Washington, 19 Me.
293 ; 2 Kent 576. See Bartlett v. New Yora, 5 Sandf. (N. Y.) 44 ; People v. Tax Com'rs, 16 N. Y. Supp. 834. In a statute it was held not to mean business residence, but the fixed home of the party; 13 Reptr. 430 (Md.). See 15 M. & W. 433; Hanover Nat. Bk. v. Stebbins, 69 Hun 308, 23 N. Y. Supp. 529. It is a physical fact, while domicil is a matter of intention; bona Aide residence means "residence with domiciliary intent"; Lyon v, Lyon, 13 Pa. Dist. R. 634, per Sulzberger, J.
Residence has been held to be more re stricted than domicil as applied to home stead laws ; Fulton v. Roberts, 113 N. C. 421, 18 S. E. 510.
An averment of residence is not equivalent to an allegation of citizenship; Grand Trunk Ry. Co. of Canada v. Twitchell, 59 Fed. 727, 8 C. C. A. 237, 21 U. S. App. 45. Residence and citizenship are wholly different things in connection with the jurisdiction of federal courts. One may remain a citizen of a state while residing temporarily in another state; Steigleder v. McQuesten, 198 U. S. 141, 25 Sup. Ct. 616, 49 L. Ed. 986.
Within the meaning of the statute against kidnapping, any place where a child has a right to be is its residence; Wallace v. State, 147 Ind. 621, 47 N. E. 13. See KIDNAPPING; DOMICIL.
As to the qualification for holding offices, see OFFICER.