Blacks Law Dict. 1st ed

DOMINIUM DIRECTUM

387

DOMICILE

service is constituted; as the tenement over which the servitude extends is called the "servient tenement." "Wharton. DOMINATIO. In old English law. Lordship. DOMINICA PALMARUM. (Dominica in ramis palmarum.) L. Lat. Palm Sun day. Townsh.Pl. 131; Cowell; Blount. DOMINICAL. That which denotes the Lord's day, or Sunday. DOMINICIDE. The act of killing one's lord or master. DOMINICUM. Lat. Domain; demain; demesne. A lordship. That of which one has the lordship or ownership. That which remains under the lord's immediate charge and control. Spelman. Property; domain; anything pertaining to a lord. Cowell. In ecclesiastical law. A church, or any other building consecrated to God. Du Cange. DOMINICUM ANTIQUUM. In old English law. Ancient demesne. Bract, fol. 3696. DOMINION. Ownership, or right to property. 2 Bl. Comm. 1. "The holder has the dominion of the bill." 8 East, 579. Sovereignty or lordship; as the dominion of the seas. Moll, de Jure Mar. 91, 92. DOMINIUM. In the civil and old En glish law. Ownership; property in the larg est sense, including both the right of proper ty and the right of possession or use. The mere right of property, as distinguished from the possession or usufruct. Dig. 41, 2, 17, 1; Calvin. The right which a lord had in the fee of his tenant. In this sense the word is very clearly distinguished by Brao ton from dominicum. The estate of a feoffee to uses. M The feof fees to use shall have the dominium, and the cestui que use the disposition." Latch, 137. Sovereignty or dominion. Dominium tnaris, the sovereignty of the sea. DOMINIUM DIRECTUM. In the civil law. Strict ownership; that which was founded on strict law, as distinguished from equity. In later law. Property without use; th« right of a landlord. Tayl. Civil Law, 478. In feudal law. Right or proper owner* ship; the right of a superior or lord, as dis tinguished from that of his vassal or tenant.

Domicile is of three sorts,—domicile by birth, domicile by choice, and domicile by operation of law. The first is the common case of the place of birth, domicilium orig inis; the second is that which is voluntarily acquired by a party, propiio motu; the last is consequential, as that of the wife arising from marriage. Story, Conn*. Laws, § 46. The term "domicile of succession," as contradis tinguished from a commercial, a political, or a forensic domicile, may be defined to be the actual residence of a man within some particular juris diction, of such character as shall, in accordance with certain well-established principles of the public law, give direction to the succession of his personal estate. 7 Fla 81. DOMICILE OF ORIGIN. The home of the parents. Phillim. Dom. 25,101. That which arises from a man's birth and connec tions. 5 Ves. 750. The domicile of the par ents at the time of birth, or what is termed the "domicile of origin," constitutes the domicile of an infant, and continues until abandoned, or until the acquisition of a new domicile in a different place. 1 Brock. 389, 393. DOMICILED. Established in a given domicile; belonging to a given state or juris diction by right of domicile. DOMICILIARY. Pertaining to domi cile; relating to one's domicile. Existing or created at, or connected with, the domicile of a suitor or of a decedent. DOMICILIATE. To establish one's domicile; to take up one's fixed residence in a given place. To establish the domicile of another person whose legal residence follows one's own. DOMICILIUM. Domicile, (q. v.) DOMIGERIUM. In old English law. Power over another; also danger. Bract. 1. 4, t. 1, c. 10. DOMINA, (DAME.) A title given to honorable women, who anciently, in their own right of inheritance, held a barony. Cowell. DOMINANT. The tenement whose own er, as such, enjoys an easement over an ad joining tenement is called the "dominant tenement;" while that which is subject to the easement is called the "servient" one. DOMINANT TENEMENT. A term used in the civil and Scotch law, and thence in ours, relating to servitudes, meaning the tenement or subject in favor of which the

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