Page:Black's Law Dictionary (Second Edition).djvu/396

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DOMAIN

tate so owned. The inherent sovereign pow- er claimed by the legisiature of a state, of controlling priuite property for public uses, is termed the "right of eminent domain." 2 Kent, Comm. 339. See EMINENT DOMAIN.

A distinction has been made between "prop- erty" and “domain." The former is said to be that quality which is conceived to be in the thing itself. considered as belonging to such or such person. exulusiiely of all others. By the latter is understood that right whith the owner has of disposing of ihe thing. Ilcnce "dom'iin" and "property" are said to be correlative terms. The one is the active right to dispose of: the other a passive quzility which follows the thing and places it al the disposition of the owner. 3 Touiiier, no. 83.

—Nation.a1 domain. A term sometimes applied to the aggi-agate of the propertv owned directly by a nation. Civ. (‘ode IA. 1900, art. 4S(' —PnIillc domain. This term embraces all l.!,IZ|llS, the titio to ahich is in the United States, including as well land occupied (or the purposes of fccleni buildings, arsenals, dock yards. etc., as land of an agricultural or mineral character not yet [!,'i"|l.lt('d lo priuite owners. Iifllligffl

Ilurvcy. 151 U. S. 4331, 2] Sup. Gt. '0. Ed. 963: Day Laml G: Cattle CO. v. State, 68 Tex. 526, 4 S. W.

DOMBEC, DOMBOC. (Sax. From

dam, judgment, and boo, boo, a book.) Dome-book or doom-book. A name given among the Saxons to a code of laws. Several of the Saxon kings published dombocs, but the most important one was that attrib- uted to Alfred. Crabb, Com. Law, 7. This is sonictimes confounded with the celebrated

Dom-ea-do:/-Book. See Doua-Boon, Downs- nan. DOME. (Sax.) Doom; sentence: judg-

ment. An oath. The homager’s oath in the black book of Hereford. Blount.

DOME-BOOK. A hook or code said to have been complied under the direction of Alfred, for the general use of the whole kingdom of England; containing, as is supposed, the principal iuaxiins of the common laW, the penalties for misdemeanors, and the forms of judicial proceedings. It is said to have been extant so late as the reign of Edward IV., but is now lost. 1 Bl. Comm. 64, (55.

DOMESDAY, DOMESDAY - BOOK. (S:ix.) An ancient record made in the time of Willi-1m the Conqueror, and now remainmg in the English exchequer, consisting of two volumes of unequal size, containing mi- nute and accurate surveys of the lands in England. 2 Bl. Comm. 49, 50. The work was hegun by fire justices in each county in 1081, and finished in 1086.

DOMESMEN. (Sax.) An inferior kind of judges. Men appointed to doom (judge) in matters in controversy. Cowell. Suitora in a court of a manor in ancient deniesne, who are judges there Biount; Whishnw; Termes de la Ley.

388

DOMICILE

DOMESTIC, n. Domestics, or, in ful.,. domestic servants, are servants who r '

men or laborers employed out of doors parte Meason. 5 I-tin. (Pa) 167.

The Louisiana Civil Code eiiumerruai ii domestics those who receive viagns and s ' in the house of the person paiing and , - playing them, for his own service or that ‘_V his family; such as vnlets, footuien, butlers, and others who reside in the in Persons employed in public housas are n_’ included. Cook v. Dodge, 6 La. Ann 276

DOMESTIC, ad]. Pertaining. he! or relating to a home, 11 domicile, or t'.‘ place of birth, origin, creation, or trs tion. , —D_onie_stic animals. Such as are hnbltuat -,- to live in or_:ihout the habitarions of may, '

. community. This twu, ciudes horses, (State v. Gould, 21: W. Va, . Osborn v. Lenox, 2 Alien [Mass] 217.) bl‘

or may not include dogs. Size W" . ' ' “ 101 Ga 593. 28 S. E. D81. 39 L. R. A. State v. Htirrimm. 75 Me. 502. 46 Am. 4'25; Hiirl-eg v. State. 30 Tex. App. 0:)"; W. 455, 0 Am. St. Rep. on. nine: H ' courts. Those existing and having jl'Il'lS at the place of the partv's i‘(‘SiTlEIlIv or don: Dickinson v. Railroad Co., 7 W. Va. 417.

As to domestic “Administratoi'a,"“Att

mcnt," “Bill of Exchange," “Commie "Corporations." “Creditors," "Fartuq ' “Fixtures." ".iud;zment," and “l\innu'

tures.” see those titles.

DOMESTICUS. in old European A scncscha-Z. steward, or major donw' judge's assistant; an assessor. (q. v.) s& man.

DOMICELLA. In old English law. damsel. Elem, lib. 1, c. 20. § 80.

DOMICELLUS. In aid English law. A hetter sort of servant in l1lDIIiiS(£'i‘ic'4; aiso an appellation of a king's hastnrd.

DOMICILE. That place in which a man has voluntarily fixed the habitation of ifl~ self and family, not for a mere special temporary purpose, but with the pro uul tention of making a permanent home, an 7 some unexpected event shall occur to ludi - him to adopt some other permanent h . In re Garneau. 127 Fed. 677. M c. 0. A. In

In its ordinary ncceptation, a pen(n‘n ciie is the place where he lives or has his In a strict and legal sense. that is p the domicile of a person where he has it . 4 fixed, permanent home and pnncipul -stall ment, and to which, whenever he is alum. has the intention of retumins. Anrlc.u..n I\ Anderson, 42 Vt. 350, 1 Am. Rr-p. 334

Dntniciie is but the established. fixed, 1-: nent, or ordinary dwelling-place or place If dence of a person, as distingnishrd from temporary and transient, tiiongh actual, of residence. It is his legal rwidenr-is an -

tinguished from his temporary place of ab 2: