66 "but those difficulties will be much diminished by keeping steadily in view the principle which ought to guide the "decision as to the application of the facts" (e). In the case of Moorhouse v. Lord (f), Lord Cranworth said, "In "order to acquire a new domicil-according to an expres"sion which I believe I used on a former occasion, and "which I shall not shrink on that account from repeating, "because I think it is a correct statement of the law- a 66 66 man 'must intend quatenus in illo exuere patriam' (g). "It is not enough that you merely mean to take another "house in some other place, and that, on account of your "health or for some other reason, you think it tolerably "certain that you had better remain there all the days of "your life. That does not signify; you do not lose your "domicil of origin, or your resumed domicil, merely because you go to some other place that suits your health "better, unless, indeed, you mean, either on account of your health, or for some other motive, to cease to be a "Scotchman and become an Englishman, or a Frenchman, "or a German. In that case, if you give up everything you left behind you, and establish yourself elsewhere, you may change your domicil. But it would be a most dangerous thing in this age, when persons are so much “in the habit of going to a better climate on account of "health, or to another country for a variety of reasons"for the education of their children, or from caprice, or "for enjoyment-to say that by going and living else"where, still retaining all your possessions here, and "keeping up your house in the country, as this gentleman "kept up his house at Clippens, you make yourself a "foreigner instead of a native. It is quite clear that that "is quite inconsistent with all the modern improved views "of domicil" (gg). 66 (e) Munro v. Munro, 7 Clark & Finnelly's Rep. p. 877. (g) Whicker v. Hume, 7 H. L. Cas. p. 159. [(gg) See In re Marrett, L. R. 36 Ch. D. p. 400.] CCIX. The circumstances which appear principally to be relied upon as affording evidence of the intention (animus manendi) are the following. CCX. 1. Place of Birth and Origin. 2. Oral and Written Declarations. 4. The Place of Wife and Family. 6. The depository of Family Papers and Me- 7. The Mansion House. 8. Description in Legal Documents. 9. Possession and exercise of Political Rights and Privileges. 10. Possession of Real Estate. 11. Length of residence and lapse of Time (h). (h) New Law of Domicil and Naturalization of Russia. Imperial Ukase, dated March 6, 1864. (Extract from Letter from Lord Napier, H.M.'s Minister at St. Petersburg.) St. Petersburg, March 30, 1864. MY LORD,-An Act has recently received the sanction of the Emperor, and been published in the Russian papers, regulating the position of foreigners claiming to obtain certain rights in this country. The law will no doubt be shortly inserted in the Journal de St. Pétersbourg in French. I beg to submit to your Lordship at present the substance of the measure : A. (1.) A foreigner must be domiciled in the Empire before he can be admitted as a Russian subject. (2.) A foreigner wishing to become domiciled in Russia must inform the Governor of the Province in which he wishes to reside of his desire to do so, explaining the nature of his occupation in his own country, and the pursuits he purposes to follow in Russia. On the receipt of such declaration the petitioner is considered to be domiciled in Russia, but will nevertheless be accounted a foreigner until he shall have taken the oath of allegiance. (3.) Foreigners already resident in Russia, distinguished in art, trade, commerce, or in any other pursuit, may prove their domiciliation by other means than those specified in § 2. (4.) A foreigner, after being domiciled five years in Russia, may apply to be admitted to Russian allegiance. (5.) Foreign married women cannot become Russian subjects without their husbands. (6.) The allegiance when sworn to is merely personal, and does not affect children, whether of age or minors, previously born. Those born after the adoption of Russian nationality are acknowledged as Russians. (7.) Specific rules to be observed in petitioning the Minister of the Interior to be admitted to Russian allegiance (documents and declarations required, &c.). (8.) It is optional with the Minister to grant the above petition or not. (9.) An oath to be taken. (10.) Mode of taking oath. (11.) In special cases the period requisite to constitute a domicil may be shortened. (12.) Children of foreigners, not Russian subjects, born and educated in Russia, or if born abroad, yet who have completed their education in a Russian upper or middle school, will be admitted to Russian allegiance, should they desire to do so, a year after they shall have attained their majority. (13.) The children of foreigners wishing to become Russian subjects will be admitted on the same terms as their parents. (14.) Foreigners in the Russian military or civil service, or ecclesiastics of foreign persuasions, will be admitted to Russian allegiance without period of domicil. (15.) A Russian subject marrying a foreign husband, and therefore considered a foreigner, may on the death of her husband, or in case of her divorce, return to her former allegiance. (16.) The children in the above case are treated as in § 12. (17.) Foreign women marrying Russian subjects, and the wives of foreigners who have become Russian subjects, are admitted as Russian subjects without taking oath of allegiance. Widows and divorced wives retain the nationality of their husbands. (18.) Special enactments relative to colonists, foreign agricultural labourers, Bulgarians, &c., remain in full force. (19.) Foreigners admitted to Russian nationality are placed, in respect to their rights and obligations, on a perfect equality with born Russians. (20.) Provides for the speedy transaction of business in connection with the adoption of Russian nationality. B. Transitional measures. (1.) Foreigners who shall have already adopted Russian nationality may return at any time to their former nationality on payment of all claims against them, whether Government or private. (2.) Those who throw off their Russian allegiance may either quit the country or remain in Russia, enjoying equal rights with other foreigners. They must provide themselves with national passports within a year, if resident in European Russia or belonging to a country in Europe, or within two years, if residing in Siberia or having to obtain such passports in any other quarter of the globe. On the lapse of those dates without production of passport, the foreigner must either leave the country or resume his Russian nationality. (3.) Exception in cases of deserters and Asiatics. (4.) Annuls all enactments compelling Russian women married to foreigners to sell their immoveable property in Russia, with the exception of certain kinds of property which, as foreigners, they still have no right to possess. With respect to the enactment concerning the payment of three years' dues and export duties by foreigners wishing to leave their Russian nationality, that law is abrogated in respect to those countries which shall adopt a reciprocity on such matters. C. Abrogating law by which a foreigner was obliged to take an oath of allegiance prior to his marriage with a Russian woman, and by which he was required to ask permission of the Emperor to contract marriage with a Russian woman of the orthodox faith. To Earl Russell, K.G. I have, &c. NAPIER. CHAPTER XIII. CRITERIA OF DOMICIL.-I. PLACE OF ORIGIN. CCXI. THE Domicil resulting from Origin is to be distinguished, as has been already observed, from the accidental place of birth, which affords a much fainter kind of presumption (a). The place of Origin continues to be the Domicil until it be changed either by those who have the power to change it, as in the case of pupilage, or by a party sui juris. CCXII. The doctrine of the Civil Law is explicit: "Let "each person follow the origin of his father;" that is, each person legitimately born; for the doctrine is equally explicit that "whoever has no lawful father, his first "origin is deemed to be from his mother " (b). CCXIII. In Bruce v. Bruce (c), the first case of Domicil brought before the House of Lords, Lord Chancellor Thurlow said: "A person's Origin, in a question of Where is his "Domicil? is to be reckoned as but one circumstance in " evidence which may aid other circumstances; but it is an "enormous proposition that a person is to be held domiciled "where he drew his first breath, without adding some"thing more unequivocal." And in Bempde v. Johnson (d), Lord Chancellor Loughborough said that he laid" the least (a) Guier v. O'Daniel, 1 Binney's (Pennsylvanian) Rep. p. 349, Marsh v. Hutchinson, 2 Bosanquet & Puller's Rep. p. 219. (b) "Exemplo senatorii ordinis patris originem unusquisque sequatur."-Cod. lib. x. t. xxxi. 36. "Ejus qui justum patrem non habet, prima origo a matre."-Dig. lib. 1. t. i. 9. (c) Note to Marsh v. Hutchinson, 2 Bosanquet & Puller's Rep, p. 231. (d) 3 Vesey's Rep. p. 198. |