domicil was situated at the time of the offense, has been denied. Westlake, § 365; 2 Bishop, (2nd ed.,) § 128, (1st ed.,) § 730. Most of the State courts of the United States hold that it does. Bishop, 2, 128; Jenness & Jenness, 24 Indiana Rep., 358, 359; Reel v. Elder, 62 Pennsylvania Rep., 315; and the Supreme Court of the United States has followed their decisions in a late case, Cheever . Wilson, 9 Wallace's U. S. Sup. Ct. Rep., 108. 6 * Bishop, 2, § 129, (2d ed.) This restriction is put on the ground that the offense cannot be inquired into collaterally. Dolphin . Robins, 3 Macqueen's Rep., 578, 579; 7 House of Lords Cases, 418; Bishop, ubi supra. If the restriction is admitted, it should not be extended to a case where the wife has removed, acquired a new home, and commenced her proceedings for a divorce, and died before decree. 'Armstrong . Armstrong, 7 Veazey's (Vermont) Rep., 350. * Boileux, I., p. 221; Mourlon, I., p. 195; Demanté, I., Child's secondary domicil. p. 206. 290. The domicil' of the father, and after his death, that of the mother while she remains unmarried, is the secondary domicil of the unemancipated' minor child, if legitimate, or acknowledged by the father, except, 1. While another person than the parent is the guardian of the child :3 3 2. While the parent has a committee of his person; 3. While the child has a voluntary domicil in a different place, pursuant to the provisions of article 303. 1 Mere residence-e. g., imposed by banishment-is not such a domicil Hardy v. De Leon, 5 Texas Rep., 237. Nor is the short forensic domicil, which is sufficient for purposes of divorce. See Ringer v. Ringer, 15 January, 1840, Session Cases, 2nd series, vol. 2, p. 307 ; Brodie v. Brodie, 30 L. J., (Prob. & Matr.,) 185. The American cases, except in Louisiana, concur in holding that the mother loses all right to change her child's domicil on re-marriage, and that the step-father neither acquires it, nor imposes his domicil on the child, although the child actually resides with them. Allen ». Thompson, 11 Humphreys' Rep., 538; Mears v. Sinclair, 1 West Virginia Rep., 195. (Where the mother was also guardian.) Brown v. Lynch, 2 Bradford's (New York) Rep., 218. To the same effect. McLaren's Law of Wills and Succession, § 13; Pothier, Cout. d'Orleans, Introd., 17. The rule in Louisiana is different. Succession of Lewis, 10 Louisiana Annual Rep., 790. It seems not to have been decided whether the death of the step-father would revive the mother's right in this respect. 2 Code Napoleon, Liv. I., Tit. III., Art. 108; Boileux, I., p. 221; Mourlon, I., p. 195; Political Code, Reported for New York, § 7. 3 Mourlon, I., p. 195. 4 This exception is necessary, if the provisions of the article referred to are adopted, as, if the term "minor child" is not restricted to children under the age of pupillarity, such child might have actually changed its domicil. Ward's secondary domicil. 291. The domicil of the guardian, or if there are several jointly appointed, that of the one first named in the instrument of appointment, is the secondary domicil of his ward. The case of an infant under two guardians having different domicils, does not seem to have yet arisen, in such a form as to require a decision. See Robertson on Succession, p. 201, note; Potinger v. Wightman, 3 Merivale's Rep., 67. Domicil of insane persons, &c. 292. The domicil of a person of unsound mind, or of one duly declared incompetent, is determined by that of the committee of his person; or if there are several jointly appointed, of the one first named in the instrument of appointment. Phillimore's Law of Domicil, p. 55; Boileux, I., p. 220; Demanté, I., p. 206; Mourlon, I., p. 195. See Sharpe v. Crispin, 38 Law Journal, Probate, 17; 1 Law Rep., Prob. & Div., 611. To the contrary, Westlake, Private Intern. Law, § 52. ARTICLE 293. Right to change domicil. 294. Change of an adult's derivative domicil. 295. Guardian may change ward's domicil. 296. Parent's consent to change necessary. 297. Testamentary change of derivative domicil. 298. Change of domicil, how made. 299. Intention to change. 300. Presumption of no intention to change. 301. Reverting to original domicil. 302. Official or compulsory change of residence. 303. What law determines change of domicil. Right to change domicil. 293. Any person acting in good faith' may at his pleasure change his voluntary domicil to any place where he has a right to reside. 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." 1 2 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 . James, 2 Watts & Sergeant's Rep., 568; Mears v. Sinclair, 1 West Virginia Rep., 185. 22 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. Parent's consent to change necessary. 296. The guardian cannot 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 Spears' 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. S. 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 remain 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 the similar provisions as to municipal domicil, in 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. S. 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 so 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, SS 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. |