Domicil, Domicile

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Domicil, Domicile

Post by notmartha » Wed Jan 13, 2016 1:59 pm

Biblical References

The word “domicile” is not found in the KJV of the Bible. As ambassadors of Christ, our domicile (permanent dwelling place) is the Kingdom of Heaven, being temporary sojourners and pilgrims on earth.

2 Corinthians 5:1-3 says:
“For we know that if our earthly house of this tabernacle were dissolved, we have a building of God, an house not made with hands, eternal in the heavens. For in this we groan, earnestly desiring to be clothed upon with our house which is from heaven: If so be that being clothed we shall not be found naked.”
Philippians 3:20 says:
For our conversation is in heaven; from whence also we look for the Saviour, the Lord Jesus Christ:
Hebrews 11:13-16 says:
These all died in faith, not having received the promises, but having seen them afar off, and were persuaded of them, and embraced them, and confessed that they were strangers and pilgrims on the earth. For they that say such things declare plainly that they seek a country. And truly, if they had been mindful of that country from whence they came out, they might have had opportunity to have returned. But now they desire a better country, that is, an heavenly: wherefore God is not ashamed to be called their God: for he hath prepared for them a city.
Hebrews 13:14 says:
For here have we no continuing city, but we seek one to come.
Our domicile, our permanent dwelling place, our heavenly abode should be declared. If not, STATE will “clothe” you with a different domicile, one under their jurisdiction.

In THIS NEWSLETTER Gregory describes how he declared his Domicile (Kingdom of Heaven) and the Law of his Domicile (King James Bible, authorized version 1611), understanding that FRCP Rule 17 precludes him from having the capacity to sue or be sued in a United States court.

Commentaries on the Laws of England in Four Books, vol. 1 Sir William Blackstone, 1753
“However, as for all commercial purposes, even in time of war, the national character is determined exclusively by domicil, without regard either to natural or acquired allegiance, and as it would offend the sense of humanity of enlightened nations at present to treat as criminals, persons who, by the silent acquiescence, and therefore the presumed consent, of the country of their birth, had removed their fortunes and assumed new duties of obedience in other countries, if even they should be taken in arms against their native country, the question is not of immediate practical moment.”
“The law of Scotland allows a person born out of wedlock to be legitimate if his parents subsequently intermarry, without any marriage of either with a third person intervening. 7 Cl. & Fin. 817, 842. But although the status as to legitimacy of a person is for most purposes determined by the law of the domicil of his parents, yet for the purpose of inheriting land in England a bastard so legitimated, by the law of Scotland is not allowed by the English law to be legitimate. Doe d. Birtwhistle vs. Vardell, 5 B. & C. 238. 2 Scott, N. R. 821. 9 Bligh, 32. 7 Cl. & Fin. 859.”
“Legitimacy according to the law of the domicil, as well as according to the law of the place where the land lies, is necessary to entitle an heir; for a child born out of wedlock of parents domiciled in England, who afterwards married there, was not allowed to inherit lands in Scotland. 6 Bligh, 468. See 2 Ves. & B. 127.”
Webster’s Dictionary of the English Language, 1828
DOMICIL, noun [Latin , a mansion.]
An abode or mansion; a place of permanent residence, either of an individual or family; a residence, animo manendi.
Bouvier’s Dictionary of Law, 1856

1. The place where a person has fixed his ordinary dwelling, without a present intention of removal. The law of domicil is of great importance in those countries where the maxim "actor sequitur forum rei" is applied to the full extent.

2. A man cannot be without a domicil, for he is not supposed to have abandoned his last domicil until he has acquired a new one. Though by the Roman law a man might abandon his domicil, and, until be acquired a. new one, he was without a domicil. By fixing his residence at two different places a man may have two domicils at one and the same time; as, for example, if a foreigner, coming to this country, should establish two houses, one in New York and the, other in New Orleans, and pass one half of the year in each; he would, for most purposes, have two domicils. But it is to be observed that circumstances which might be held sufficient to establish a commercial domicil in time of war, and a matrimonial, or forensic or political domicil in time of peace, might not be such as would establish a principal or testamentary domicil, for there is a wide difference in applying the law of domicil to contracts and to wills.

3. There are three kinds of domicils, namely: 1. The domicil of origin. domicilium originis vel naturale. 2. The domicil by operation of law, or necessary domicil. 3. Domicil of choice.

4. §1. By domicil of origin is understood the home of a man's parents, not the place where, the parents being on a visit or journey, a child happens to be born. Domicil of origin is to be distinguished from the accidental place of birth.

5. §2. There are two classes of persons who acquire domicil by operation of law. 1st. Those who are under the control of another, and to whom the law gives the domicil of another. Among these are, 1. The wife. 2. The minor. 3. The lunatic, &. 2d. Those on whom the state affixes a domicil. Among this class are found, 1. The officer. 2. The prisoner.

6. 1st. Among those who, being under the control of another, acquire such person's domicil, are, 1. The wife. The wife takes the domicil of her hushand, and the widow retains it, unless she voluntarily change it, or unless, she marry a second time, when she takes the domicil of the second hushand. A party may have two domicils, the one actual, the other legal; the hushand's actual and the wife's legal domicil, are, prima facie, one. The domicil of the minor is that of the father, or in case of his death, of the mother. The domicil of a lunatic is regulated by the same principles which operated in cases of minors. The domicil of such a person may be changed by the direction, or with the assent of the guardian, express or implied.

7. 2d. The law affixes a domicil. 1. Public officers, such as the president of the United States, the secretaries and such other officers whose public duties require a temporary residence at the capital, retain their domicils. Ambassadors preserve the domicils which they have in their respective countries, and this privilege extends to the ambassador's family. Officers, soldiers, and marines, in the service of the United States, do not lose their domicils while thus employed. 2. A prisoner does not acquire a domicil where the prison is, nor lose his old.

8. §3. The domicil of origin, which has already been explained, remains until another has been acquired. In order to change such domicil; there must be an actual removal with an intention to reside in the place to which the party removes. A mere intention to remove, unless such intention is carried into effect, is not sufficient. When he changes it, he acquires a domicil in the. place of his new residence, and loses his original domicil. But upon a return with an intention to reside, his original domicil is restored..

9. How far a settlement in a foreign country will impress a hostile character on a merchant, see Chitty's Law of Nations, 31 to 50; 1 Kent, Com. 74 to 80; 13 L. R. 296; 8 Cranch, 363; 7 Cranch, 506; 2 Cranch, 64 9 Cranch, 191; 1 Wheat. 46; 2 Wheat 76; 3 Wheat. 1 4 2 Gall. R. 268; 2 Pet. Adm. Dec. 438 1 Gall. R. 274. As to its effect in the administration of the assets of a deceased non resident, see 3 Rawle's R. 312; 3 Pick. R. 128; 2 Kent, Com. 348; 10 Pick. R. 77. The law of Louisiana relating to the "domicil and the manner of changing the same" will be found in the Civil Code of Louisiana, tit. 2, art. 42 to 49.

A wife follows the domicile of her husband.
Black’s Law Dictionary, 1st Edition, 1891
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The Century Dictionary, an Encyclopedic Lexicon of the English Language, 1895
domicile, domicil (dom'i-sil)

1. In general, a place of residence of a person or a family ; in a narrower sense, the place where one lives; a place of habitual abode, in contradistinction to a place of temporary sojourn.

2. In law, the place -where a person has his home, or his principal home, or where he has
his family residence and personal place of business; that residence from which there is no present intention to remove, or to which there is a general intention to return.

The domicile depends not on citizenship, nor on presence, but on the concurrence of two elements :
1st, residence in a place ; and
2d, the intention of the person to make that place his home.

Thus, a man may be a citizen of one country, have his domicile in another, and temporarily reside in a third.

Domicile is of three kinds:

1st, domicile of origin or nationality, depending on that of the parents at the time of birth ;
2d: domicile of choice, which is voluntarily acquired by the party ; and
3d, domicile by operation of law, as that of a wife arising from marriage.

The term domicile is sometimes used to signify the length of residence required by the law of some countries for the purpose of establishing jurisdiction in civil actions ; in Scotland, residence for at least forty days within the country constitutes a domicile as to jurisdiction. All questions relating to personal property, in matters of debt, intestacy, or testamentary disposition, are determined by the law of the place of domicile, while those relating to real property are subject to the law of the place where it is situated. The property of a foreigner domiciled in a country with which his own is at war is held to be subject to seizure as that of an alien enemy.

It would be more correct to say that that place is properly the domicil of a person in which his habitation is fixed without any present intention of removing therefrom.
Story, Conflict of Laws, iii. § 43.

"Two things must concur," says the same eminent jurist [Story], *'to constitute domicile — first, residence, and secondly, intention of making it the home of the party," and when once domicile is acquired it is not shaken off by occasional absences for the sake of business or of pleasure,
or even by visits to a former domicile or to one's native country. Woolsey, Introd. to Inter. Law, § 67.

domicile (dom'i-sil)

To establish in a fixed residence, or a residence that constitutes continuance in abode; domiciliate.
THE NATIONAL LAW LIBRARY, published by Collier, Volume III.
“There are three concepts of especial importance in connection with the presence of a person within a state: residence, domicile, and citizenship. Residence implies something more than mere transient visitation. It involves a more or less fixed abode but ignores the intent of continuance or political affiliation. An alien may have residence without domicile or citizenship. One may have more than one residence at a time. Domicile implies civil status. Many civil rights depend upon it-e.g. the course of descent of personal property is governed by the law of the person's domicile at death. Every natural person has a domicile, but only one. His domicile of origin persists until a new one is acquired by choice. A domicile of choice is acquired by the concurrence of physical presence (usually residence) and an intent to make the place his more or less permanent home. No particular length of previous residence is essential, nor need one affirmatively intend always to remain there. But there must be no present intent of going to live elsewhere…. Citizenship implies political status. It may or may not confer suffrage or any other particular incident but it does imply incorporation into the body politic. The requirements vary from state to state. Often they involve much the same qualifications as does domicile. But the two should not be confused.”
Misc. Court Citations
U.S. v. Novero, D.C.Mo., 58 F.Supp. 275, 278.

A "domicile" is the place where the law regards a person to be, regardless of whether he is corporeally found there.
In re Moore's Estate, 415 P.2d 653,656, 68 Wash.2d 792

Term "domicile" connotes a place with which a person has a connection for certain legal purposes, e.g., jurisdiction, determination of legitimacy, descent of personal property.
Dosamantes v. Dosamantes, Tex.Civ.App., 500 S.W.2d 233, 236.

"Domicile" implies a nexus between a person and place of such permanence as to authorize control of legal status, relationship and responsibilities of the domiciliary.
Thayer v. City of Boston, 124 Mass. 147, 26 Am.Rep. 650.

"A person…may have his home in one town for the purpose of taxation…domicile for taxation and home are treated synonymously.
Talbot .v Jansen (1795), 3 Dall. 133, 1 L.Ed. 540.

“A citizen of the United States who has constitutionally renounced his allegiance does not become a subject of a foreign power as long has he remains domiciled within the United States.”
Milliken v. Meyer

“The responsibilities of state citizenship arise out of the relationship to the state which domicil therein creates.”
Bingham v. Cabot (1798), 3 Dallas 382.

“…though it is difficult to establish a general rule, as to what makes citizenship, yet that the citizenship of a particular state may be changed by a citizen of the United States, without going through the forms and solemnities required in the case of an alien; that, on the principle of the constitution, a citizen of the United States is to be considered more particularly as a citizen of that state in which he has his house and family, is a permanent inhabitant, and is, in short, domiciliated;…”
Warren Mitchell v. United States (1875) 88 U.S. (Wall. 350) 21 L.Ed. 584, 588.

“To be established (a change of domicile) it must be proved. Among the circumstances usually relied upon to establish the animus manendi are: declarations of the party; the exercise of political rights; the payment of personal taxes; a house of residence, and a place of business.
Bouvier's Law Dictionary, Fourteenth Ed.
2. Domicile may be either national or domestic. In deciding the question of national domicile, the point to be determined will be in which of two or more distinct nationalities a man has his domicile. In deciding the matter of domestic domicile, the question is in which subdivision of the nation does the person have his domicile. The distinction is to be kept in mind, since the rules for determining the two domiciles, though frequently, are not necessarily the same.
Black's Law Dictionary, 4th Edition.
Domicile of Origin

The home of the parents. That which arises from a man's birth and connections. The domicile of the parents at the time of birth, or what is termed the "domicile of origin," constitutes the domicile of the infant, and continues until abandoned, or until acquisition of a new domicile in a different place.

Foreign Domicile

A domicile established by a citizen or subject of one sovereignty within the territory of another.

National Domicile

The domicile of a person, considered as being within the territory of a particular nation, and not with reference to a particular locality or subdivision of a nation.

Quasi National Domicile

One involving residence in a state. See National Domicile.

WEX Legal Dictionary
Someone's true, principal, and permanent home. In other words, the place where a person has physically lived, regards as home, and intends to return even if currently residing elsewhere.
20 CFR § 410.392 - Domicile.
(a) For purposes of this subpart C, the term domicile means the place of an individual's true, fixed, and permanent home to which, whenever he is absent, he has the intention of returning.
(b) The domicile of a deceased miner or widow is determined as of the time of his or her death.
(c) The domicile or a change in domicile of a beneficiary or other individual is determined with respect to the period or periods of time as to which the issue of domicile is material.
(d) If an individual was not domiciled in any State at the pertinent time, the law of the District of Columbia is applied as if such individual were then domiciled there.
20 CFR § 725.231 - Domicile.
(a) For purposes of this subpart, the term “domicile” means the place of an individual's true, fixed, and permanent home.
(b) The domicile of a deceased miner or surviving spouse is determined as of the time of death.
(c) If an individual was not domiciled in any State at the pertinent time, the law of the District of Columbia is applied.

Prince Peter Kropotkin (1842 – 1921) of Russia said:
"Freedom of the press, freedom of association, the inviolability of domicile, and all the rest of the rights of man are respected so long as no one tries to use them against the privileged class. On the day they are launched against the privileged they are overthrown."
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