Page:Black's Law Dictionary (Second Edition).djvu/397

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DOMICILE

or his home, as distinguished from a place to which business or plcnsure may temporarily call him. Salem v. Lyme, 29 Conn. 74 Domicile ls the place where a person has fixed his habitation and s a permanent residence, without any present Intention of removing .‘I -rmroni. Crawford v. Wilson, 4 Barb (N. i._i mi, 520. ' Iv. '< domicile is the iace where one's family utly resides. Tlziniel v. Sullivan, 46

ll iuternstional law, "domicile" means I1 resi- l'4""l! at a particular place, accompanied with [o ilive or presumptive proof of inteuiling to mnunue UJEI1‘ for an unlimited time. State v. Fm»-‘tor of I‘-ordentown, N. J. Law, 191‘.

"llainicile" and “residence" ure not syn- -ill‘.‘HlDl‘lS. The domiche is the home, the Iixlil placc of habitation: while residence is a transient place of ll\\9lllll§£. Bartlett v New York. 5 Sandf. (N. Y.) 4-1.

Tlm -lomicile is the bohitation fixed In any 1:» mil: an lntention of uliiays 5L'i)'llJ_E there. If]! rimple residence is much more tcmpur-iry in - cliiracter. New York v. Genet, 4 Ilun (N Y.) 459.

Classification. Domicile is of three sorts, —<‘urnicile by blrth, domicile by choice, and dom- l-'l!-‘ by operation of law. The first is the com- I. .. case of the place of birth. dunuimliiini urin- HIM,‘ the second is that which is voluntarily acquired by a party. praprio mow; the last is i-niineqiiential, as that of the viife arising from in irringe. Story, Confl. Laws. § 4!}. And sue lhilroad Co. v. Kimbrongh, 115 Kv. 512, 74

. . 939; Price v. Price, 156 Pa. (3 7 '


A domicile acquired by the manitcnancc of a commerciai establishment: a domicile which a citizen of a foreign country may acquire by conducting business in another conn- lry. U. S. v. Chin Quoni; Look (D. C.) 52 Fcd. 904: Lau Ow Bew v. U. S., 14-1» U. S. 47. 12 Slip. Ct. 517. 30 L. Ed. 34-O.—Da {unto domicile. In French law. pernianetlt nnd fixed residence in France of an aiien who has not ac- quired I-‘rench citizenship nor taken steps to do so, but who intends to make his home pvt- nmnently or indefinitely in that couutiy; culi- ed domicile “de facto" because dnmicilc in the fuli sense of that term, as used in Franco, can only he acquired by an act equivalent to natu lizntion. In re Cru',:er's Will, 36 Misc. Rep. 4 . 73 N. Y. Supp. 8l2.—Domicile of origin. 'lli-,- home of the parents. Phiilim. Dom L. . in] That which arises from a man's birth nnil connections. 5 Yes. 750. The domicile of the parents nt the time of birth, or what is ivmed the "domicile of origin," constitutes the ilmulrile of on lnfnut, and continues until shun- rl--ned, or until the acquisition of a new domi-

lr in a dillrrent place. Prentiss v. Barton. 1 - ck. RS9. 393. Fed. Cos. No. 11.381 —Domicile of succession. This term, as distinguishe<I from a commercial. political, or forensic ilowricile. means the actual residence of a person within some jurisdiction, of such a character as S1|ll according to the welrtstablished princi- pl-s of public law, give direction to the successinn of his personal estate. Smith v. Ci-nom. 7 Th. Sl.—E1ected domicile. The domicile of pnrties fixed in a coritrict beta een them for the purposes of such contract. Woodwol'th v. Bank of Arm-riczi. 19 Johns. (N. Y.) 417. 10 Am. Doc ""9 Foreign domicile. A domicile estab- cd by a citizen or subject of one sovoreigntv within the territory of another.—National domicile. The domiciie of a person. considered as being within the territory at a particu- l.ir tuition, and not with reference to a particu- hr lm-rility or subdivision of R nation ——Natu- rill domicile. The same as domicile of orizin or domicile by birth. Johnson v. Twenty-One


389

DOMINICUM

Bales, 13 Fed Cas. SG3.—Neeessnry domicile. That kind of domicile w iich exists by operation of law, as distinguished trom vuluntnri domicile or domicile of choice. Phillim Dom. 27-97.

DOMICILED. Established in a given domicile; belonging to 11 giien state or jurisdiction by right of domicile

DOMICJIIARY. Pertilinlng to ‘nnilcile; relating to one's domicile. Existing ul'cl(-:ul.- ed at, or connected with, the domicile of n suitor or at a decedent.

DOMICILIATE. To establish one's donn- (-lle- to tol.e up ones fixed residence in a given place. To establish the domicile of another ]lelSDll whose legal raidcuce follows one‘s own.

DOIVIICILIATION. In Spanish law. The ncqiiisition of don1icllini'_\ rights and status, nearly equivalent to naturalization, which may be accomplished by being born in the kingdom, by conversion to the C'.ithoilc fiilth there, by taking up a permanent residence in some settlement and marrying R native Woman, and by nttm-liing oneself to the sol], purchasing or auluiring real proiierl_v and possessioiis. Yntus V Innis, 10 Tex. 108.

DOMICILIUM. Lat. Domicile (q tr.)

DOMIGERIUM. In old English law. Power over another; also danger. Bract. l. 4, t. 1, c. 10.

DOMINA, (DAME.) A title given to honorable Woolen, who nnciently. in their

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own right of Inheritance. held a barony. H

Cowell.

DOMINANT TENEMENT. A term used in the civil and Scotch law, and thence In ours. relating to servitiides. menrling the tenement or suhiect in favor of which the service is constituted: as the tenement over \'\lll(,'l‘l the servitude extends is called the “servieut tenement." Wli.'u'tnn; Waliicr V. Clifiord. 128 Ala. 67, 29 South 5S8. S6 Am St. Rep. 74. Dillmiiu v. Hoffman. 38 Wis. 572-, Stevens v. Denrlett, 51 N H. 389.

DOMINATIO. Lordsliip.

In old English law.

DOMINICA PALMARUM. in ranris pa-lmarum.) L. Lot. day. Townsh. Pi. 131; C-owell;

(Dominica Palm Snu- Bl ount.

DOMTNICAL. That which denotes the Lord's day, or Sunday

DOMINICIDE. lord or master.

The act of killing one's

DOMINICUM. Lat Domain: demnln: deiuesne A lordship. That of which one has the lordship or ownership. That which

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