1840. QUARMAN v. BURNETT. but the same principle which applies to the personal occu- Exch. of Pleas, pation of land or houses by a man or his family, does not apply to personal moveable chattels, which, in the ordinary conduct of the affairs of life, are intrusted to the care and management of others, who are not the servants of the owners, but who exercise employments on their own account with respect to the care and management of goods for any persons who choose to intrust them with them. It is unnecessary to repeat at length the reasons given by my Brother Littledale for this distinction, which appear to us to be quite satisfactory; and the general proposition above referred to, upon which only can the defendants be liable for the acts of persons who are not their servants, seems to us to be untenable. We are therefore of opinion that the defendants were not liable in this case, and the rule must be made absolute to enter a verdict for the defendants on the second issue. Rule absolute. The ATTORNEY-GENERAL v. DUNN and Another. THIS the Middlesex Sittings after Hilary Term, a special ver A British suband having real ject, domiciled and personal land, went estate in Eng abroad and purchased, in 1828, the title, castle, and estate of R., in the Papal States. He hired Italian domestic servants, male and female, whom he kept at R. until his death. He expended large sums in repairing and improving the castle and grounds of R., which repairs and improvements were going on at the time of his death. He did not make R. his constant residence, but from 1828 to 1831 sometimes occupied it, sometimes lived in furnished lodgings in the towns adjacent, and at other times visited Rome, Florence, and other parts of Italy, residing in furnished lodgings. In 1831 he came to England, and resided in different parts of it till September, 1832. In March, 1832, he sent to R. several cases of plate, books, and wearing apparel. In September, 1832, he made his will in London. In the same month he left England and went to Florence, where he remained two months, and thence to R.; he then lived, sometimes in the castle of R., sometimes in furnished lodgings in the adjacent towns, till October, 1833, when he went to Rome, and there lived in furnished lodgings until his death in February, 1834:-Held, that upon these facts there was no evidence of the testator's having actually acquired a domicile at R., or elsewhere abroad, although they indicated an intention to make R. his domicile: that his English domicile therefore remained, and legacy duty was consequently payable on the bequests contained in his will. Quare, whether if he had obtained a domicile abroad, legacy duty would not still have been payable. Exch. of Pleas, dict was taken by consent for the opinion of this Court, which stated in substance as follows. 1840. ATTORNEY GENERAL v. DUNN, Thomas Boone Tattnall Boone, the testator in the pleadings mentioned, was born in or about the month of June1787, at Nassau, New Providence, in the Bahama Islands. John Mubryne Tattnall, the father of the said T. B. T. Boone, was a British-born subject, and, at the time of the birth of the said T. B. T. Boone, resided at Nassau aforesaid, and then held a situation in the service of his then Britannic Majesty King George the Third. The said T. B. T. Boone, during his infancy, visited England for the purpose of his education; and in or about the 8th of July, 1806, was admitted a student at the Inner Temple, with a view of his being called to the English bar; and on the 28th of June, 1816, he was called to the English bar, and upon that occasion took the usual oaths, among which were three oaths in the following form, [setting out the oaths of allegiance, abjuration, and supremacy]. The said T. B. T. Boone practised as a barrister at the English bar from the time of his having been so called as aforesaid until the year 1822, in which year he acquired a large addition to his fortune under the will of Elizabeth Boone, a relation, and thereupon he applied for and obtained a license of his then Majesty King George the Fourth, to assume and use the surname of Boone in addition to his former surname of Tattnall, he having before the granting of such license used and been known by the names of Thomas Boone Tattnall only. [The application and license were then set out]. The said T. B. T. Boone, in pursuance of such license, assumed the surname of Boone, and from thence continued to use the same. In or about the year 1824, the said T. B. T. Boone, then being in England, purchased a freehold estate containing about eight acres of land, at Lee, in the county of Kent, and some few years afterwards he purchased a few feet of ground to gain a right of way to his land; and under and by virtue of the said purchases and conveyances 1840. ATTORNEY- V. DUNN. thereof respectively, became and was seised in his demesne Exch. of Pleas, as of fee of and in the said pieces of land respectively. In the said year 1824 he took a lease for a term of years of a house at Islington, in the county of Middlesex, which he occupied for a few years, but afterwards let the same, and resided in lodgings when in London. At the time of the said T. B. T. Boone so assuming the surname of Boone as aforesaid, he ceased to practise as a barrister at the English bar, and from that period spent the greater part of his time in travelling abroad, occasionally visiting England. In or about the month of May, 1828, the said Thomas Boone Tattnall Boone purchased the Marquisate, castle, and estate of Rasina, of about 800 acres, situated in the Papal States, with the exception of about one acre which is situate in Tuscany. The said T. B. T. Boone hired and engaged, and had in his service at the time of his decease, Italian domestics and other servants at the castle of Rasina, in the following capacities ; that is to say, a steward or valet, a factor or bailiff, and man-cook, and a gardener, and two female household servants. He expended large sums of money in repairing the said castle, making and laying out the grounds thereto belonging, and in making roads, and otherwise improving the said estate at Rasina, and such improvements were going on at the time of his death. From the 11th September, 1828, until the month of April, 1831, he kept all the before-mentioned servants at Rasina, except as hereinafter mentioned, although he did not make the castle of Rasina his constant residence during the last-mentioned period; but when in that neighbourhood he sometimes occupied the same, as it suited his convenience, and sometimes took and lived in furnished lodgings in the town adjacent thereto : at other times during the last-mentioned period he visited and remained at Rome, Florence, and other parts of Italy, residing on 1840. ATTORNEY- ย. Exch. of Pleas, those occasions in furnished lodgings; such visits to Rome, Florence, and the said other parts of Italy having continued for some months respectively. It was the habit of the said T. B. T. Boone, on arriving in any one of the said towns where he so passed some months as aforesaid, after his valet had provided him with the necessary servants, to send the said valet to Rasina, to look after the said works which had been undertaken at the said estate. DUNN. : In the month of April, 1831, he the said T. B. T. Boone set off from Florence, where he had been previously staying, with his said valet, and arrived at Paris on the 1st of May in the same year, and a few days afterwards left Paris for Jersey and London, in which capital he arrived on the 22nd of June then next. A short time afterwards he went to Cheltenham, to pass the remainder of the summer in the autumn of the same year he returned to London, and from thence went to Brighton, at which latter place he resided until the month of March, 1832, when he again returned to London, at which last-mentioned place he remained during the months of April and May, and part of June. At the last-mentioned time, he sent from London to the said castle and estate in Italy, a case of plate, and others of books and wearing apparel. He looked over his freehold estate in Kent hereinbefore mentioned, residing in lodgings at Greenwich, from the middle of June, 1832, until the month of August then next, at which last-mentioned time he removed to London, where he remained in furnished lodgings till the time of his departure for the continent, which happened in the first week of September, 1832: he then proceeded from England to Florence, where he remained for the space of about two months, and from thence to the said estate of Rasina. The said Thomas B. T. Boone then lived at Rasina, and in the neighbourhood thereof, sometimes at the castle of Rasina, and sometimes in furnished lodgings in the towns adjacent thereto, until the month of October, 1840. ATTORNEY- v. DUNN. 1833. In that month he, taking with him his valet and a Erch. of Pleas, man-cook, and leaving his other servants at Rasina, set off from the said estate of Rasina, and went to Rome, where he took furnished lodgings No. 22, via Babbuino. After three weeks' stay at Rome, he sent his valet back to Rasina, in order to attend to the works which were in progress there, and to begin a new road which was to lead to the Tratta of Perugia, but kept the said man-cook with him at Rome. The said Thomas B. T. Boone, after a few days' illness, died in the same lodgings, No. 22, via Babbuino, at Rome, on the 28th of February, 1834. The said Thomas Boone Tattnall Boone described himself, when travelling as aforesaid in foreign states, as a native of England, and was so described in the passports which it was necessary for him to obtain from the proper authorities in the different foreign governments and states in which he travelled and lived as aforesaid. The passport used by the said T. B. T. Boone, on his before-mentioned journey from Rome to Florence, was granted to him by the Secretary of State of the Pope of Rome, on the 30th March, 1830, and in such passport the said T. B. T. Boone was called and described in the following words in the Italian language, viz.-" Il Tommaso Tauttall Bioone, Inglese, qui domiciliato, Marchese di Rasina;"-in English, "The Signor Thomas Tattnall Boone, an Englishman residing in this city, the Marquis of Rasina." At the time of the granting of this passport, there was residing at Rome a British Consul. It was customary for the Papal Government not to grant a passport to a foreigner leaving Rome, if there were in Rome a minister representing the nation to which such foreigner belonged; but there was not any law in Rome which prohibited the Secretary of State of the Pope from granting passports to British subjects leaving Rome, and such Secretary of State had full authority to grant such passports if he thought proper so to do. The passport used |