Monday, July 24, 2017

OF THE DOMICIL

 226. It is in the place of his domicil, where a man exercises his civil and political rights. After having shown how he acquires the enjoyment of the rights which constitute the civil state, and how those rights are proved, it is now proper to point out the rules which fix his domicil. 227. Domicil is the place where a person has established his ordinary dwelling, without a present intention of removal. (d)


A man cannot be without a domicil ; at his birth he acquires that of his parents, and this he retains until he gains another by his choice,(a) or by operation of law.By fixing his residence at two different places at the same time, a man may have, for some purposes, two domicils at one and the same time ; as, for example, if a foreigner, coming to this country, should establish two houses, one in New York and the other in New Orleans, and pass one half of the year in each, he would for most purposes have two domicils. (6) If a man has two places of residence he may elect which shall be his domicil.(c) But it is to be observed that circumstances which might be held sufficient to establish a commercial domicil in time of war, and a matrimonial, or forensic, or political domicil in time of peace, might not be such as would establish a principal or testamentary domicil, for there is a wide difference in applying the law of domicil to contracts and to wills. (d) There are three kinds of domicils, namely: 1, the domicil of origin, domicilium originis vel naturali; 2, the domicil by operation of law, or necessary domicil ; 3, the domicil of choice. These will be severally considered.


CHAPTER I.—OF THE DOMICIL OF ORIGIN. 228. By domicil of origin, is understood the home of a man's parents at the time of his birth, not the place ,where, the parents being on a visit or journey, a child happens to be born. The domicil of origin is to be distinguished from the accidental place of birth. (e)


CHAPTER II.—OF THE DOMICIL ACQUIRED BY OPERATION OF LAW.

229. There are two classes of persons who acquire or retain a domicil by operation of law. 1. Those who are under the control of another, and the law gives them the domicil of that other ; 2, those on whom the state affixes a domicil.

SECTION 1. OF THE DOMICIL OF PERSONS UNDER THE CONTROL OF ANOTHER.

230. Among those who, being under the control of another, acquire such person's domicil, are— 1. The wife. She takes the domicil of her husband.^) On becoming a widow, she retains it until she changes it, which may be done in two ways ; first by removing to another place, with an intention of fix ing her domicil there, or by marrying again, in which case she immediately takes the domicil of her new husband. (6) 2. A minor. His domicil is that of his father, or in case of his death, that of his mother. (c) When his father and mother are both dead, the minor's domicil is in general that of his guardian, but to this there are some exceptions, (d) 3. A lunatic. In general the domicil of the lunatic is that of his guardian, curator, committee or other person who is lawfully appointed to take care of him. In this respect he resembles a minor. But the domicil of such a person may be changed by direction or with the assent of his guardian, either express or implied, (e)

SECTION 2. OF THOSE ON WHOM THE STATE AFFIXES A DOMICLL.

231. It is but reasonable that a man who serves the public, and is compelled for this purpose to change his place of residence, should not on this account lose his domicil ; for this there is a double reason, first that the public should be better served, and secondly, be cause the officer did not intend to abandon his old domicil, but left it animo revertendi.

 232. Persons who thus retain their domicil may be classed as follows : 1. Public officers whose temporary duties require them to reside at the capitol, as the President of the United States, the several secretaries, etc. 2. American ambassadors and consuls who are com pelled to go abroad in order to fullfil the duties of then' appointments. And this privilege extends to their family or suite. 3. Officers, soldiers and marines of the United States do not lose their domicil, while thus employed. 4. A prisoner does not acquire a domicil where the prison is located, nor lose his old, because there is no intention on his part to do so.

CHAPTER m.—OF THE DOMICIL OF CHOICE.

233. The domicil of origin is retained until another is acquired by the act of the party, or by operation of law. In order to acquire a domicil of choice, there must be an actual removal with an intention of residing in the place to which the party has removed.(a) As soon as the removal is completed, with such intention, the new domicil is acquired, and the old one is lost. (6) A mere intention to remove, unless such intention be carried into effect, is not sufficient to operate the change, (c) When a man changes his domicil and gains another, and afterwards returns to his original domicil with an intention to reside there, his original domicil is at once restored. (a)




Sunday, July 23, 2017

OF THE STATE OR CONDITION OF A PERSON.


138. The word state or condition of persons, has various acceptations. When we speak of a person, we consider only the part a man plays in society, without taking into view the individual. State and person are then correlative terms. If we inquire into its origin, the word state will be found to come from the Latin status, which is derived from the verb stare, sto, whence has been made statio, which signifies the place where a person is located, stat, to fullfil the obligations which are imposed upon him. (b) State, then, is that quality which belongs to a per son in society, and which secures to, and imposes upon him, different rights and duties, in consequence of the differences of that quality.

139. Although all men come from the hands of nature upon an equality, yet there are among them marked natural differences. The distinctions of sex, parentage, age, youth, etc., all come from nature. To these natural qualities, the civil or municipal laws have added distinctions which are purely civil and arbitrary, founded on the manners of the people, or the will of the legislature. Such are the differences which these laws have established between citizens and aliens, between magistrates and private citizens or subjects ; and between freemen and slaves.

140. Although these latter distinctions are more particularly subject to the civil and municipal law, because to it they owe their origin, it nevertheless extends its authority over the natural qualities, not to destroy or weaken them, but to confirm them, and to render them more inviolable by positive rules and by certain maxims.

141. This union of the civil or municipal law with the law of nature, form among men a third species of differences which may be called mixed, because they participate of both, and derive their principle from nature and the perfection of the law; for example, infancy, or the privileges which belong to it, have their foundation in the law of nature; but the age, and the term of these prerogatives, are determined by the civil or municipal law.

142. From these premises, it is easy to 'perceive that three sorts of different qualities, which form the state or condition of men, may be distinguished: those , which are purely natural, those which are purely civil, and those which are composed of natural and civil or municipal law.

143. If we analyze what are the qualities which compose the state of a person, we will find they have a necessary or essential connection with public or political, or private right, and that they are either qualities of state or distinctions of state, because they render the party either able or unable to participate to the public state or the private state.

144.—1. Let us commence, for example, with public or political right. It is a question as to his state, which settles, whether a man is a freeman or a slave, a citizen or an alien ; because if he is free and a citizen, he is qualified to render service to his country in all public stations or offices; if, on the contrary, he is a slave or an alien, he is excluded by both of these



Friday, July 7, 2017

Birth of the twins, you and your person.

As usual there is confusion in the minds of men about the birth of the twins, hopefully we can make this trip to understanding together.

Everyone knows that when you are born, you get a birth certificate. Now some claim that it is a bond, some claim it is a warehouse receipt, some claim it is a strawman, a legal fiction or a corporation.

You will be surprised to know that is all wrong, at least as it relates to you getting out of the system. You see the all caps letter name is simply a person. A person born as the same time as the living man. What exactly happened you say?

As the courts have said, an unborn baby is not a "person" according to law, however when the baby is born, the "person" is also born. The reason for this is that only a man capable of being the object of rights and duties(legal personality) can have a person. This birth certificate is evidence of the person(man with a status). So real quick, the baby is born, because the baby has legal personality(rights, like to life), then a person is born, that person(man with a status), takes on the status of minor/citizen and is thus subject to the laws of their domicile. Those who can not have legal personality are considered "civilly dead" and have no civil rights or duties. They only have natural rights.

The law works on presumptions a lot of the time. Your whole life the state has been building evidence of your consent to be a part of this society, thru the BC, the SS number, marriage contract,etc.

I don't know if the strawman theories,etc are put out there as dis info, but that's what they are. Once you realize that citizens were subjects before the BC was used or their name was spelled in all capital letters, then you understand it is something else that made them subject........... Domicile with a side of intent.