The Laws of War, Affecting Commerce and ShippingThomson, H. Byerley (Henry Byerley)
History
The Laws of War, Affecting Commerce and Shipping
Thomson, H. Byerley (Henry Byerley)
Maritime law; War (International law); War, Maritime (International law)
In determining the important question of Domicile, the _animus
manendi_, or disposition to remain or settle in the land of the
domicile, is the question to be determined.
If a man goes into a foreign country upon a visit, to travel for
health, to settle a particular business, or for similar purposes, the
residence naturally attendant on these circumstances is not generally
regarded as a permanent residence.
But though a special purpose, such as the above, does not fix a
domicile, yet these circumstances are not to be taken without respect
to the _time_ they _may probably_ or _actually do_ occupy. A general
residence may grow upon a special purpose. It is difficult to fix the
amount of time necessary to create a domicile, and it probably must be
determined from each particular case. Thus, if a man remained in a
hostile state after the outbreak, employed on some great work, which
would occupy him many years, or beyond the probable termination of the
war, or were unable to leave that particular climate on account of
health, or were under any disability to return to his native country,
the amount of time he had resided there would become an element of the
question; against such a residence, the plea of an original special
purpose, could not be averred; but it must be inferred, in such a
case, that other purposes forced themselves upon him, mixed themselves
with his original design, and impressed upon him the character of the
country where he resided.
But, as an exception, a residence involuntary or constrained, however
long, does not change the original character of the party, and give
him a new and hostile one.
Domicile is fixed by a disclosed intention of permanent residence; if
the emigrant employs his person, his life, his industry, for the
benefit of the state under whose protection he lives; and if, war
breaking out, he continues to reside there, pays his proportion of
taxes, imposts, and revenues, equally with the natural-born subjects,
no doubt he may be said to be domiciled in that country.
When these circumstances are ascertained, time ceases to be an element
in the question, and the _animus manendi_, once ascertained, the
recency of the establishment, though it may have been for a day only,
is immaterial.
The intention is the real subject of enquiry; and the residence, once
the domicile, is not changed by periodical absence, or even by
occasional visits to the native country, if the intention of foreign
domicile remains.
Public-domain text, read in full here on John Shaqi.
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