KFLCC Kingdom Law 2nd Ed.

389

DOMICILE

DOMINICUM

or bis home, as distinguished from a place to which business or pleasure may temporarily call him. Salem v. Lyme, 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 therefrom. Crawford v. Wilson, 4 Barb. (N. Y.) 504, 520. One's domicile is the place where one's family permanently resides. Daniel v. Sullivan, 46 Ga. 277. In international law, "domicile" means a resi dence at a particular place, accompanied with positive or presumptive proof of intending to continue there for an unlimited time. State v. Collector of Bordentown, 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. Bartlett v. New York, 5 Sandf. (N. Y.) 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 its character. New York v. Genet, 4 Hun (N. Y.) 489. Classification. Domicile is of three sorts, —domicile by birth, domicile by choice, and dom icile by operation of law. The first is the com mon case of the place of birth, domicihum ortg ims; the second is that which is voluntarily acquired by a party, proprio motu; the last is consequential, as that of the wife arising from marriage. Story, Confl. Laws, § 46. And see Railroad Co. v. Kimbrough, 135 Ky. 512, 74 S. W. 229; Price v. Price, 156 Pa. 617, 27 Atl. 291; White v. Brown, 29 Fed. Cas. 992. The following terms are also used: Commercial domicile. A domicile acquired by the main tenance of a commercial establishment; a domi cile which a citizen of a foreign country may acquire by conducting business in another coun try. U. S. v. Chin Quong Lodk (D. C.) 52 Fed. 204; Lau Ow Bew v. U. S., 144 U. S. 47, 12 Sup. Ct. 517, 36 L. Ed. 340—De facto domi cile. In French law, permanent and fixed res idence in France of an alien who has not ac quired French citizenship nor taken steps to do so, but who intends to make his home per manently or indefinitely in that country; call ed domicile "de facto" because domicile in the full sense of that term, as used in France, can only be acquired by an act equivalent to nat uralization. In re Cruger's Will, 36 Misc. Rep. 477, 73 N. Y. Supp. 812 —Domicile of origin. The home of the parents. Philhm Dom 25, 101. That which arises from a man's birth and connections. 5 Ves. 750. The domicile of the parents at the time of birth, or what is termed the "domicile of origin," constitutes the domicile of an infant, and continues until aban doned, or until the acquisition of a new domi cile in a different place. Prentiss v Barton, 1 Brock. 389, 393. Fed. Cas. No. 11,384— Domi cile of succession. This term, as distinguish ed from a commercial, political, or forensic domicile, means the actual residence of a person within some jurisdiction, of such a character as shall, according to the well-established princi ples of public law, give direction to the succes sion of Ms personal estate. Smith v. Croom, 7 Fla. 81.—Elected domicile. The domicile of parties fixed in a contract between them for the purposes of such contract. Woodworth v. Bank of America, 19 Johns. (N. Y.) 417, 10 Am. Dec. 239.— Foreign domicile. A domicile estab lished by a citizen or subject of one sovereignty within the territory 'of another.— National domicile. The domicile of a person, consid ered as being within the territory of a particu lar nation, and not with reference to a particu lar locality or subdivision of a nation— Natu ral domicile. The same as domicile of origin or domicile by birth. Johnson y. Twenty-One

Bales, 13 Fed. Cas. 863.— Necessary domicile. That kind of domicile which exists by operation of law, as distinguished from voluntary domicile or domicile of choice. Phillim. Dom. 27-97. Established in a given domicile; belonging to a given state or jur isdiction by right of domicile. Pertaining to domicile; relating to one's domicile. Existing or creat ed at, or connected with, the domicile of a suitor or of a decedent. To establish one's domi cile; to take up one's fixed residence in a given place. To establish the domicile of another person whose legal residence fol lows one's own. In Spanish law. The acquisition of domiciliary rights and status, nearly equivalent to naturalization, which may be accomplished by being born in the kingdom, by conversion to the Cath olic faith there, by taking up a permanent residence in some settlement and marrying a native woman, and by attaching oneself to the soil, purchasing or acquiring real property and possessions. Yates v. lams, 10 Tex. 168. DOMICILED. DOMICILIARY. DOMICILIATE. DOMICILIATION. DOMIGEBIUM. In old English law. Power over another; also danger. Bract. 1. 4, t. 1, c. 10. A title given to honorable women, who anciently, in their own right of inheritance, held a barony. Cowell. DOMINANT TENEMENT. A term used in the civil and Scotch law, and thenc'e in ours, relating to servitudes, meaning the tenement or subject in favor of which the service is constituted; as the tenement over which the servitude extends is called the "servient tenement." Wharton; Walker v. Clifford, 128 Ala. 67, 29 South. 588, 86 Am, St. Rep. 74, Dillman v. Hoffman, 38 Wis. 572; Stevens v. Dennett, 51 N. H. 339. DOMINA, (DAME.) in ramis palmarum.) L. Lat. Palm Sun day. Townsh. PI. 131; Cowell; Blount. DOMINICAL. That which denotes the Lord's day, or Sunday. DOMINTCIDE. 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 DOMICILITTM. Lat. Domicile, (q. v.) DOMINATIO. In old English law. Lordship. DOMINICA PALMARUM. (Dominica