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DOMICIL.

there for an indefinite time, and as a place of present domicil, it becomes his place of domicil, notwithstanding he may have a floating intention to go back at some future period. 9. The place where the family of a married man resides is generally considered as his domicil. But this may be controlled by circumstances. For if the place be only a temporary establishment for his family, or for temporary objects, it may be different. 10. If a married man has his family fixed in one place, and does his business in another, the former is considered as the place of his domicil. 11. If a married man has two places of residence at different times of the year, that will be esteemed his domicil which he selects, considers or describes as his fixed home, or which appears to be the centre of his affairs, where he votes, or acts as a citizen. 12. If a man is unmarried, that is generally the place of his domicil where he transacts his business, exercises his profession, or assumes municipal duties or privileges. 13. Residence in a place by constraint, or involuntarily, will not give the party a domicil there; but his antecedent domicil remains. 14. Mere intention to acquire a new domicil, without the fact of removal, avails nothing; neither does the fact of removal, without the intention. Presumptions arising generally from circumstances, will not prevail against positive acts, which fix and determine domicil. 13. Widows retain the domicil which had been their husbands' until they have acquired a new one. Vidua mulier amissi mariti domicilium retinet.-There are some other considerations, of a general nature, which deserve enumeration, as they respect domicil in a foreign country. Those which have been already referred to, principally respect domicil in different parts of the same country. 1. We have already seen, that persons who are born in a country, are deemed inhabitants and citizens of that country. Foreigners, also, who reside there for permanent and indefinite purposes, or, as Vattel expresses it (B. I, ch. xix, § 213), who are permitted to settle and stay in a country, are deemed inhabitants. If they are there merely on a visit, or for temporary purposes, they are not deemed inhabitants. 2. A person who resides in a foreign country, for purposes of trade, is deemed an inhabitant of that country by foreign nations; and his character changes with that of the country. In peace he is deemed a neutral, in war an enemy; and his property is dealt with accordingly in prize courts.

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(The Venus, 8 Cranch R. 278.) 3. A person may have a national character of his trade, although his domicil be in a different country. Thus, if he be allowed to engage in the trade exclusively belonging to the subjects of an enemy's country, he will, so far as respects that trade, be deemed an enemy trader, and his property will be liable to condemnation as such, though his own domicil be neutral. So, if he is the owner of a plantation in an enemy's country, the produce thereof will be liable as prize in the same manner. So, if he be a partner in a house of trade in an enemy's country, his property in the partnership will be deemed the property of an enemy. (9 Cranch, 191; The Vigilantia, 1 Rob. R., 14, 15; The Phoenix, 5 Rob. R., 20; The San Jose Indiano, 2 Gallison's R., 268.) 4. A national character, acquired by residence in a foreign country, changes with a change of that residence; and if no other domicil be acquired by the party subsequently, his native domicil reverts; and, in such a case, it will revert as soon as he puts himself in motion to return to his native country, although he has not actually arrived there. But the mere return to his native country does not destroy his foreign domicil, unless there is an intention to abandon the latter. (The Venus, 8 Cranch R., 278, 281; The France, 8 Cranch R., 335.) 5. If a person quits his own country, for temporary purposes, or in public employment, and solely by reason of such employment, his native domicil is not changed thereby. If an Englishman, for instance, should go to Germany in the king's service, or for a temporary purpose, the domicil of his birth would not be changed. But if he entered into the German service, although with a general, indefinite intention to return to England, it would be otherwise. 6. The descent of real estate, such as lands, is according to the law of the place, rei sitæ. But the descent and distribution of personal estate is according to the law of the place of the owner's domicil. It has been recently doubted in England, whether a British subject can, by a foreign domicil, change the general law of succession, as to his personal estate, existing in his own country. But it is admitted he may change his domicil, in different parts of his own country, and thereby change the succession and distribution of his personal estate. (Curling v. Thornton, 2 Addam's Eccles. R., 17, 19.) 7. A will of personal estate, good by the law of the place where the party

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has his domicil, is sufficient to pass all personal estate in any other country. But, if not good by the law of the place of the party's domicil, it is said not to be good to pass personal property in any other country, although otherwise sufficient by the law of the country where the personal property is. (Desesbats v. Berquier, 1 Binney, 336. But see Curling v. Thornton, 2 Addam's Eccles. R. 6, 19 to 25.) 8. Ambassadors and other ministers still retain the domicil of the country which they represent, and to which they belong; and their children, born in the foreign country where they reside, are considered as natives of the country of their own sovereign. It is not so in relation to consuls and other commercial agents. They are considered as having, like other subjects, their domicil in the country where they reside. (Vattel, B. I, ch xix, § 217; The Indian Chief, 3 Rob. 13, 27; The Josephine, 4 Rob. 26.) 9. Children born upon the sea are generally deemed to be natives of the country to which their parents belong. (See Vattel, B. I, ch. xix, § 216.) The reader who desires further information on the subject

of domicil, is referred to the title Domicile, in Denizart, Collection de Jurisprudence, tom. 6; the same in Encyclopédie Moderne, tom. 10; in Merlin's Repertoire de Jurisprudence; in 2 Domat, 464, B. I, title 16, s. 3, of Public Law; in Digest, lib. 50, title 1, 1. 1 et seq.; and Code, lib. 10, title 39, 1. 2, 4, 5, 7; Code Civil de France, tit. 3, art. 102, &c.; Vöet ad Pand. lib. 5, tit. 1, sec. 90, 91, 92; Bynkershock, Quæst. Priv. Juris., lib. 1, ch. 16; Pothier, Coutumes d'Orléans, Introd. n. 16, 20. In the English and American law, the following references will be found most useful: Bruce v. Bruce, 2 Bosanquet & Puller, 229; Somerville v. Somerville, 5 Ves. jr., 786; Bempde v. Johnstone, 3 Ves. 195; Curling v. Thornton, 2 Addam's Eccles. R. 5; Pottinger v. Wightman, 3 Merivale R. 67; Green's Admiralty Digest, National Character; The Venus, 8 Cranch, 278; Wheaton's Digest, title Prize, iv; Holyoke v. Haskins, 5 Pick. R. 20; Cambrige v. Charlestown, 13 Mass. Rep. 501; Williams v. Whiting, 11 Mass. Rep. 424; Guier v. O'Daniel, 1 Binney's Rep. 352, note; Elbers v. U. Insurance Company, 16 Johnson's Rep. 128.

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