Right to change domicil.

293. Any person of full age and capacity, acting in: good faith,' may at his pleasure change his voluntary domicil to any place where he has a right to reside.

1 Watson v. Simpson, 13 Louisiana Annual Rep., 337.

Change of an adult's derivative domicil.

294. The derivative domicil of an adult changes with a change of the voluntary domicil on which it depends.

Guardian may change ward's domicil.

295. The domicil of an unemancipated minor having no competent parent living, may be changed by its guardian,' with a change of his own domicil,' when acting in good faith and for its benefit."

12 Kent's Commentaries, 227, note; Wood v. Wood, 5 Paige's (New York) Rep., 605; Holyoke v. Haskins, 5 Pickering's (Massachusetts) Rep., 20; Succession of Lewis, 10 Louisiana Annual Rep., pp. 789, 790; Carlisle v. Tuttle, 30 Alabama Rep., 613; Townsend v. Kendall, 4 Minnesota Rep., 412. Doubted, Ex-parte Bartlett, 4 Bradford's (New York) Rep., pp. 224, 225, Denied, School Directors v. James, 2 Watts & Sergeant's Rep. 568; Mears v. Sinclair, 1 West Virginia Rep., 185.

2 Kent's Com., 227, note; Lyon v. Andrews, 12 Louisiana Annual Rep., 685; Fælix, Droit Intern. Privé, I., p. 57, note; Mourlon, I., p. 191, II.; Duranton, I., no. 367, p. 301.

3 Potinger v. Wightman, 3 Merivale's Rep., 67:

Parent's consent to change necessary.

296. The guardian can not change the domicil of his ward while the latter has a competent parent living, except with the consent of such parent.

Political Code, Reported for New York, § 7.

Testamentary change of derivative domicil.

297. A person authorized so to do by the law of his. domicil, may change the domicil of any person dependent on his, after his death, to any place where the survivor has a right to reside.

In White v. Howard, 52 Barbour's (New York) Rep., 294, it was held that a widower domiciled in Connecticut might change the domicil of his unemancipated minor child, upon his death, by appointing a testamentary guardian domiciled in New York.

Change of domicil, how made.

298. A change of domicil is produced by the act of residing in another country,' with the intention of making that country the home.' There must be a union of act and intent.

1 If the intent exists, a residence in pursuance of that intention, however short, is sufficient. Bell v. Kennedy, L. R., 1 Scotch App., 319; Westlake's Private International Law, § 39; 4 Phillimore's Int. Law, p. 155, note; Merlin, Répertoire de Jurisprudence, vol. 8, p. 337, (5th ed.) It has been supposed that a domicil of succession might be acquired without any fixed place of residence in the new country, if the previous domicil has been unequivocally abandoned. Westlake, § 34; Somerville v. Somerville, 5 Vesey, Jr.'s Rep., 791; Bradley v. Lowrey, 1 Spear's Equity Rep., (U. S.,) 16.

2 Chaine v. Wilson, 1 Bosworth's (New York) Rep., 673; Munro v. Munro, 7 Clark & Finnelly's Rep., 877; Craigie v. Lewin, 4 Curtis' U. 8. Circ. Ct. Rep., 448; De Bonneval v. Bonneval, 1 Id., 856; Williams v. Saunders, 5 Coldwell's (Tennessee) Rep., 80.

Where a person has two places of residence, that which was first established may be regarded as his domicil, unless an intention appear to re• main at the other as the principal and permanent residence. Gilman v. Gilman, 52 Maine Rep., 165; Guthrie's Savigny, § 359.

Intention to change.

299. The intention to change the domicil may be manifested by making and signing a declaration thereof, both in the country of the present and of the intended domicil, before a notary public, or some other officer authorized to administer oaths; a copy of the declaration, certified by the officer, being published in the official journal of the country where made, within one month thereafter.

McLaren's Law of Wills and Succession, I., § 9, note, advocates the adoption of provisions as to municipal domicil similar to those of the Code Napoleon, Liv. I., Tit. III., §§ 104, 105. The provisions as to international domicil, in 24 and 25 Vict., c. 121, requiring a year's foreign residence, and the filing of a declaration in some public office of the country of the new domicil, are said not to be effectual. (Hayes & Jarman's Precedents of Wills, (7th ed.,) p. 541; 2 Williams' Executors, (6th ed.,) p. 1409, note.) It is settled in the United States, that a formal declaration in a private instrument as to the place of domicil, is of great though not conclusive weight. [Ennis v. Smith, 14 Howard's U. 8. Sup. Ct. Rep., 422; Roberts' Will, 8 Paige's (New York) Rep., 519; Burnham v. Rangeley, 1 Woodbury & Minot's U. S. Circ. Ct. Rep., 9; Lyman v. Fiske, 17 Pickering's (Massachusetts) Rep.,

234; Gorham v. Canton, 5 Greenleaf's (Maine) Rep., 266;] if made previous to the event which raises the question. Kilburn v. Bennett, 3 Metcalf's Rep., 199; Ennis v. Smith, 14 Howard's U. S. Sup. Ct. Rep., 422. Even with this restriction, (Lockhart's Trust, 11 Irish Jurist, N. S., 245, 249,) the British courts do not seem to attach much importance to such declarations.

The treaty between France and the Swiss Confederation, respecting the establishment of the members of the one nation within the other, June 30, 1864, 9 De Clercq, p. 91, Art. II., provides, that to obtain a domicil or establish a vocation (forme un établissement) in Switzerland, Frenchmen must be furnished with a certificate of registration, stating their nationality, which shall be delivered to them by the French ambassador, after they shall have produced to him certificates of good character and conduct, &c.

In Louisiana, the following act has been passed in relation to political domicil:

Any alien coming into this State from a foreign country, or from any "State of the United States, or any citizen of the United States coming "into this State as aforesaid, shall after having resided one year without "any interruption in one of the parishes of this State, having in the mean"time purchased or rented a house or room or parcel of land, or pursued some profession or employment for a support, be considered as having acquired a residence in the parish where such individual has so resided." “and complied with the above requisitions, by making proof of the same "before any judge or justice of the peace within this State," (which such official is authorized to receive, record and certify ;) " and the oath of the "individual applying, supported by the evidence of another, shall be "deemed sufficient proof." Louisiana Law of March 16, 1818, § 1; Bullard & Curry's Digest, p. 286.

Absence on business of the State or of the United States does not, but a voluntary absence from the State for two years, or acquisition of residence out of the State, does forfeit the Louisiana residence. Id., § 3.

A rule very similar to the one stated in the article above, was suggested by Mr. Westlake, and approved in discussion. See Transactions of National Association for Promotion of Social Science, 1868, p. 181.

Presumption of no intention to change.

300. If the written declaration mentioned in the last article is not made, an intention to change the domicil is presumed not to have existed until the contrary is proved.

The relative force of different facts as presumptive evidence of intention, is specially considered in Westlake, Private Int. Law, §§ 48, 49; Taylor on Evidence, § 167, (5th ed.)

A change of domicil to a country where the person is a foreigner, is not so easily inferred as a change to one of which he is a member. Lord v.

Colvin, 28 Law Journal, Chancery, 373; 4 Drewry's Rep., 423; Whicker *. Hume, 7 House of Lords Cases, 159; Moorhouse v. Lord, 10 Id., 286; Crookenden . Fuller, 1 Law Times, N. S., 73; Hegeman v. Fox, 31 Barbour's (New York) Rep., 482.

Reverting to original domicil.

301. If a secondary' domicil is abandoned, with intent to re-acquire the original domicil,' and the person making the abandonment dies on the way to the original domicil, not only his domicil, but the derivative domicils dependent on his,' are changed to his original domicil from the time of the abandonment.

4

If the abandoned domicil is the original domicil, death in transit does not change it. Graham v. Public Administrator, 4 Bradford's (New York) Surrogate Rep., 127; Bell v. Kennedy, Law Rep., 1 Scotch Appeals, 321.

If the secondary domicil is abandoned without an intent to acquire any other determinate domicil, no change is produced. Lyall v. Paton. 25 Law Journal, Chancery, 746, 750.

It was held, in Udny v. Udny, Law Rep., 1 Scotch Appeals, 441, that the original domicil revives the moment a secondary domicil is abandoned, and that it is of no importance whether the intention is to re-acquire the original domicil, or another secondary domicil, or whether there is no specific intention whatever except to abandon the existing secondary domicil.

The American cases certainly do not attribute any such adherent power to the original domicil. Story, § 47; Hegeman v. Fox, 31 Barbour's (New York) Rep., 477, 478; 1 American Leading Cases, 747, (4th ed.) And they are supported by the authority of Savigny, (Guthrie's Savigny, § 359, p. 85.) See, also, Boileux, I., p. 231; Westlake, § 40.

3 Allen v. Thompson, 11 Humphrey's (Tennessee) Rep., 538.

4 It is stated to have been doubted whether the derivative domicil of a child, acquired by his parent's adopting a new domicil during his minor ity different from that of the child's birth, should be considered the child's original domicil, in such a case. McLaren's Law of Wills and Suc cession, I., p. 6, § 12.

Official or compulsory change of residence.

302. A change of residence, made in pursuance of official duty,' or made upon compulsion,' except in case of personal incapacity, provided for in this Chapter, does not change the domicil.

But any person having capacity to change his domicil, who, upon such change of residence, becomes subject to the jurisdiction of the country in which he re

sides, may acquire a domicil by residing there, with the intention of making that country his home.

1 Westlake, Private Int. Law, § 44, states the following rules in reference to official domicil :

"An office which requires residence, confers a domicil in that place in which the holder is bound to reside." Under this rule, he instances an ecclesiastical cure, and a person in the East India service.

"But ambassadors and consuls retain the domicil of the country which they represent or serve." It is well settled, however, that consuls may ac quire a domicil for many purposes in the place of residence; and the rule stated in the above article, allowing all officers subject to the local jurisdiction to do so, is suggested as embodying the principle that ought to control, whatever be the class of officers.

It was held, in Sharpe v. Crispin, 38 Law Journal, (Probate,) 17; 1 Eng. Law Rep., (Probate & Divorce,) 611, that the mere residence in a foreign country as a public officer, gives rise to no inference of a domicil in that country; but, (as was also held, in Heath v. Samson, 14 Beavan's Rep., 441,) if one already there domiciled and resident, accept an office in the public service of another country, he does not thereby destroy his domicil. The acceptance of an irrevokable appointment for life, and a change of residence accordingly, sufficiently proves an intent to change the domicil. 4 Phillimore's Int. Law, $$ 104, 105.

* Burton v. Fisher, 1 Milward, 183; Westlake, § 53; Boileux, I., p. 220; Duranton, I., no. 373, p. 303; Chauveau sur Carré Pr., 337; Hardy v. De Leon, 5 Texas Rep., 237; Re Duchesse d'Orleans, 1 Swabey & Tristram's Rep., 253, (Lunatic ;) Hepburn v. Skirving, 9 Weekly Rep., 764; 4 Phillimore, p. 127, et seq.

An exception, where the prospect of return is excluded, (e. g. in the case of banishment for life,) is contended for by Westlake, § 53, and Phillimore, vol. 4, § 191.

Duranton, (supra,) very properly restricts the exception to the municipal domicil of the party. So the partial compulsion arising from illhealth does not prevent the change. Haskins v. Mathews, 8 De Gex MacN. G., 13; Hegeman v. Fox, 31 Barbour's (New York) Rep., 483.

The domicil of a slave is that of his master while the slave continues such and remains within the territorial limits of a nation whose laws recognize the condition of slavery. Phillimore's Law of Domicil, ch. 7, 4; Merlin, Répertoire de Jurisprudence, 6, p. 229; Esclavage, (5th ed.,) 11, p. 75; (7 Opinions of U. S. Attorneys-General, p. 278; [Cushing, A. G. ;]) 2 Hurd on Freedom and Bondage, p. 774. But it is hardly necessary to make any provision for slavery.

What law determines change of domicil.

303. The law then in force' of the nation within whose territory a person takes up his residence,' determines the age' at which he may choose a domicil therein,