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 Low Times, N. S., 73; Hegeman v. Fox, 31 Barhour'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.

3

1 If the abandoned domicil is the original domicil, death in itinere does not change it. Graham 7. Public Administrator, 4 Bradford's (New York) Surrogate Rep., 127; Bell v. Kennedy, Law Rep., 1 Scotch Appeals, 321. 2 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 ». 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.

• It is stated to have been doubted whether the derivative domicil of a child, acquired by his parents' adopting a new domicil during his minority 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 Succession,

I., p. 6, § 12.

Official or compulsory change of residence.

2

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 acquire 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 irrevocable appointment for life, and a change of residence accordingly, sufficiently proves an intent to change the domicil. 4 Phillimore's Int. Law, $$ 104, 105.

2 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 quasi compulsion arising from ill health 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 not necessary to make any provision for slavery.

What law determines change of domicil.

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

3

4

the mental capacity requisite therefor, and what constitutes freedom' and good faith.

1 Although no authority has been found for this application of the rule against the retroactive effect of laws, there seems to be no reason for making this case an exception to that rule.

2 The existing rules would perhaps refer this question to the law of the country where the former domicil was, (see notes below;) but it is suggested by this article to permit each nation to determine, through its own laws, who have capacity to acquire a domicil within its territory. It has been held, that one who has abandoned his residence, and departed from the State with intent to seek a domicil elsewhere, is to be regarded as having lost his domicil in the former State, for the purposes of taxation. Colton v. Inhabitants of Long Meadow, 94 Massachusetts Rep., 598.

But it is necessary, for purposes of succession and some others, to consider the character of one domicil as clinging to the person until a new one has been acquired; and an uniform application of this principle to all questions seems desirable.

3 Fælix, Livre I., Titre 1, no. 33, tome 1, p. 81; no. 28, p. 57. In Hiestand v. Kuns, 8 Blackford, (Ind.,) 345, a minor domiciled in Ohio, where the age of majority was eighteen, was held to have capacity to acquire a domicil of election at eighteen in Indiana, where the age of majority is twenty-one. It cannot be doubted, "that under those systems of law “which recognize the distinction of pupilarity and majority, a minor be"yond the age of pupilarity has the capacity of acquiring a domicil for "himself." McLaren's Law of Wills and Succession, § 12, p. 6; Arnott v. Groom, Session Cases, 2nd series, vol. IX., p. 142, 24 Nov., 1846; Erskine, I., 7, 14; Robertson, Personal Succession, p. 201; Stephens v. McFarland, 8 Irish Equity Rep., 444.

It has been denied, however, that the law of his new domicil would incapacitate him from the time of the change. Savigny, (Guthrie's Translation,) p. 125; Puchta Vorlesungen, 2, § 113, s. 251, (5th ed.) That it would, was held in Hiestand v. Kuns, (supra,) following Story, Conflict of Laws, S$ 67, 69. It certainly would not, if his subsequent removal was to his original domicil.

4 A person incapable in other respects may still have capacity to change his domicil. Concord v. Rumney, 45 New Hampshire Rep., 428; Holyoke v. Haskins, 5 Pickering's (Massachusetts) Rep., 26.

5 An interdicted minor cannot change his domicil. Fælix, I., p. 57, no. 28, note 2. (His reference to Voet ad Pand., Lib. 5, Tit. 1, § 100, is not in point.)

It was held, in Sharpe & Sharpe v. Crispin, Eng. Law Rep., Probate & Divorce, vol. I., p. 611, “If a man at the time he attains his majority is of unsound mind, and remains in that state continuously up to the time of his death, the incapacity of minority never having been followed by adult capacity, will continue to confer upon the father the right of choice in the matter of domicil for his son, and a change of domicil by the father will usually produce a similar change of domicil as regards the lunatic son."

Nationality not affected.

304. A change of domicil does not necessarily effect a change of national character.

Natural allegiance fixes the political status of an individual, and the law of the domicil determines his ciril status. By Lord WESTBURY. To suppose that for a change of domicil there must be a change of natural allegiance, is to confound the political and the civil status, and to destroy the distinction between patria and domicilium. Udny e. Udny, Law Rep., 1 House of Lords Sc. Cas., 441. Haldane . Eckford, Law Rep., 8 Equity Cas., 631; Whicker v. Hume, 13 Bearan's Rep., 401; Stanley v. Bernes, 3 Haggard's Eccl. Rep., 373, 447, (reversing Curling v. Thornton, 2 Addams' Rep., 6;) 25 Beavan's Rep., 232; Fœlix, I., p. 58, note 7: 127, note; 133, note 2; McLaren's Law of Wills and Succession, p. 11, § 21; White v. Brown, 1 Wallace, Jr.'s U. S. Circuit Ct. Rep., 265.

To the contrary, Felix, I., p. 58, note 29; Marey, cited Wheaton, (6th ed.,) p. 132; Heffler, (3rd ed.,) p. 109; Re Cassdeville, 33 Law Journ., Exch., 306; Attorney-General . Blucker, 34 Law Journ., Exch., 29.

CHAPTER XXIII.

EFFECT OF CHANGE OF DOMICIL.

ARTICLE 305. Change not retroactive.

306. Law of new domicil applies.

Change not retroactive.

305. A change of domicil has no retroactive effect.

Voet ad Pandect., Lib. 10, Tit. 2, § 29.

Either on the domicil of the person himself, or on the derivative domicils dependent on his. Allen v. Thompson, 11 Humphrey's (Tennessee) Rep., 538, 539; Bell v. Kennedy, Law Rep., 1 Scotch Appeals, 321.

Law of new domicil applies.

306. Upon a change of domicil, the law of the new domicil has thenceforth' the like effect upon the person acquiring it as the law of his preceding domicil had theretofore produced.

1 Fœlix, Droit Intern. Privé, I., no. 28, p. 58, and note 2.

Story, Conflict of Laws, § 69.

TITLE VIII.

NATIONAL JURISDICTION.

ARTICLE 307. “Jurisdiction" defined.
308. Territorial jurisdiction.
309. Extra-territorial jurisdiction.
310. "Law of place" defined.

311. Conflict of concurrent jurisdiction.

312. Subjects of jurisdiction.

313. Limits of exercise as to foreigners.

314. Foreign military and naval forces.

"Jurisdiction" defined.

307. The jurisdiction of a nation is its authority to govern, whether by legislative, executive or judicial power. It is either :

1. Territorial; or, 2. Extra-territorial.

Territorial jurisdiction.

308. The territorial jurisdiction of a nation extends over all the places within its geographical limits, as defined by Chapter IV., on TERRITORY.

Extra-territorial jurisdiction.

309. The extra-territorial jurisdiction of a nation, exclusive or concurrent, extends over the following places:

1. All the land or water included within the lines of its fleets or armies,' exclusive in respect to its own members, and concurrent' with that of the nation owning the territory, in respect to members of that or of any other nation;

2. All ships bearing its national character, exclusive' except in the case of a private' ship within the limits of another nation, and in that case, concurrent with such nation;