Monday, July 24, 2017


 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)


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.


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)


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.


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)

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