The Law of Domicil |
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Common terms and phrases
abandoned according acquired animo autem autre avoir British subject causa change of domicil cilium circumstances civem cives civis civitatis Conflict of Laws cons considered Consistory Court Court of Session death deceased demeurant Denisart died domi domicil of origin domicilio domicilium Droit ecclesiæ Ecclesiastical Reports ejus England English enim erat esset establishment etiam etsi father fixed France French guardian Guier habere hæc held House of Lords ibique idem incol India intention jure juris jurists Law of Domicil libr lieu loci loco Lord Chancellor Lord Somerville Lord Stowell Maltass marquis de Saint-Pater marriage minor municip Munro mutare native onera opinion original domicil Paris parochiali personal estate peut præsumitur presumption qu'il quæ quam question quis quod residence Roman law Scotch Scotland shew Sir Charles Douglas Somerville Statuts sunt tamen trade Voet wife
Popular passages
Page 178 - Le changement de domicile s'opérera par le fait d'une habitation réelle dans un autre lieu, joint à l'intention d'y fixer son principal établissement.
Page 179 - Les majeurs, qui servent ou travaillent habituellement chez autrui, auront le même domicile que la personne qu'ils servent ou chez laquelle ils travaillent, lorsqu'ils demeureront avec elle dans la même maison.
Page 104 - It is always to be remembered that the native character easily reverts, and that it requires fewer circumstances to constitute domicil in the case of a native subject than to impress the national character on one who is originally of another country.
Page 154 - In the western parts of the world alien merchants mix in the society of the natives; access and intermixture are permitted; and they become incorporated to almost the full extent. But in the East, from the oldest times, an immiscible character has been kept up; foreigners are not admitted into the general body and mass of the society of the nation; they continue strangers and sojourners as all their fathers were - Doris amara suam non intermiscuit undam...
Page 21 - The third rule I shall extract is, that the original domicil, or, as it is called, the forum originis, or the domicil of origin, is to prevail, until the party has not only acquired another, but has manifested and carried into execution an intention of abandoning his former domicil and taking another as his sole domicil.
Page 210 - a residence at a particular place, accompanied with positive or presumptive proof of an intention to remain there for an unlimited time.
Page 22 - But this national character which a man acquires by residence, may be thrown off at pleasure, by a return to his native country, or even by turning his back on the country in which he has resided, on his way to another.
Page 86 - American consul at Amsterdam, where the same distinction was attempted, it was held that if an American consul did engage in commerce, there was no more reason for giving his mercantile character the benefit of his official character, than existed in the case of any other consul. The moment he 'engaged in trade, the pretended ground of any such distinction ceased; the whole of that question therefore is as much shut up and concluded as any question of law can be.
Page 144 - against such a long residence, the plea of an original " special purpose could not be averred : it must be inferred " in such a case that other purposes forced themselves upon " him, and mixed themselves into his original design, and " impressed upon him the character of the country where he " resided. Suppose a man comes into a belligerent country " at or before the beginning of a war : it is certainly reason...
Page 25 - ... whose fathers (or grand-fathers by the father's side) were natural-born subjects, are now deemed to be natural-born subjects themselves, to all intents and purposes ; unless their said ancestors were attainted, or banished beyond sea, for high treason ; or were at the birth of such children in the service of a prince at enmity with Great Britain.