Blacks Law Dict. 1st ed

DOMICILE

886

DOMESTIC

DOMESTIC FACTOR. One who re sides and does business in the same state or country with his principal. DOMESTIC JUDGMENT. A judg ment or decree is domestic in the courts of the same state or country where it was orig inally rendered; in other states or countries it is called foreign. DOMESTIC MANUFACTURES. This term in a state statute is used, generally, of manufactures within its jurisdiction. 64 Pa. St. 100. DOMESTICUS. In old European law. A seneschal, steward, or major domo; a judge's assistant; an assessor, (q. v.) Spel man. DOMICELLA. In old English law. A damsel. Fleta, lib. 1, c. 20, § 80. DOMICELLUS. In old English law. A better sort of servant in monasteries; also an appellation of a king's bastard. DOMICILE. That place in which a man has voluntarily fixed the habitation of him self and family, not for a mere special or temporary purpose, but with the present in tention of making a permanent home, until some unexpected event shall occur to induce him to adopt some other permanent home. In its ordinary acceptation, a person's domicile is the place where he lives or has his home. In a strict and legal sense, that:is properly the domi cile of a person where he has his true, fixed, per manent home and principal establishment, and to which, whenever he is absent, he has the intention of returning. 42 Vt. 350; 9 Ired. 99. Domicile is but the established, fixed, permanent, or ordinary dwelling-place or place of residence of a person, as distinguished from his temporary and transient, though actual, place of residence. It is his legal residence, as distinguished from his tem porary place of abode; or his home, as distin guished from a place to which business or pleas ure may temporarily call him. 29 Conn. 74. Domicile is the place where a person has fixed his habitation and has a permanent residence, without any present intention of removing there from. 4 Barb 504, 520. One's domicile is the place where one's family permanently resides. 46 Ga. 277. In international law, "domicile" means a resi dence at a particular place, accompanied with pos itive or presumptive proof of intending to continue there for an unlimited time. 32 N. J. Law, 192. "Domicile" and "residence" are not syn onymous. The domicile is the home, the fixed place of habitation; while residence is a transient place of dwelling. 5 Sandf. 44. The domicile is the habitation fixed in any place with an intention of always staying there, while simple residence is much more temporary in it* character. 4 Hun, 489.

in matters in controversy. Cowell. Suitors in a court of a manor in ancient demesne, who *re judges there. Blount; Whishaw; Termes de la Ley. DOMESTIC, n. Domestics, or, in full, domestic servants, are servants who reside in the same house with the master they serve. The term does not extend to workmen or la borers employed out of doors. 5 Bin. 167. The Louisiana Civil Code enumerates as domestics those who receive wages and stay in the house of the person paying and em ploying them, for his own service or that of his family; such as valets, footmen, cooks, butlers, and others who reside in the house. Persons employed in public houses are not in cluded. 6 La. Ann. 276. DOMESTIC, adj. Pertaining, belong ing, or relating to a home, a domicile, or to the place of birth, origin, creation, or trans action. See the following titles. DOMESTIC ADMINISTRATOR. One appointed at the place of the domicile of the decedent; distinguished from a foreign or an ancillary administrator. DOMESTIC ANIMALS. Horses are embraced within this description. 2 Allen, 209. But dogs are not. 75 Me. 562. DOMESTIC ATTACHMENT. A spe cies of attachment against resident debtors who absent or conceal themselves, as foreign attachment (q. v.) is against non-residents. 20 Pa. St. 144. DOMESTIC BILL OP EXCHANGE. A bill of exchange drawn on a person resid ing in the same state with the drawer; or dated at a place in the state, and drawn on a person living within the state. It is the res idence of the drawer and drawee which must determine whether a bill is domestic or for eign. 25 Miss. 143. DOMESTIC COMMERCE. Commerce carried on wholly within the limits of the United States, as distinguished from foreign comm erce. Also, commerce carried on with in the limits of a single state, as distin guished from interstate commerce. DOMESTIC CORPORATIONS. Such as were created by the laws of the same state wherein they transact business. DOMESTIC COURTS. Those existing and having jurisdiction at the place of the party's residence or domicile.

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