chant engaged on a special and limited venture; the student who resides for the sake of prosecuting his studies; the individual detained by the prosecution of a lawsuit; the officer employed by the State in a particular service, all fell under this exception of the civilians (x), because they were held to retain their intention to return to their Domicil of Origin.

CCCX. When Grotius (y) is commenting on the opinion of the civilians, that ten years constitute a legal presumption of Domicil, he observes, that this applies to cases of doubt; but if the intention to adopt a new domicil was made evident, a single moment sufficed for the creation of a new domicil. And it should also be observed that, if the person who came to a country for a special purpose, continued to reside there after the object of the special purpose is satisfied: e. g. the student after the prescribed time of attendance at the university was over; the merchant after his venture was made; then a counter presumption arose that the person so remaining intended to adopt a new domicil (≈).

CCCXI. Still the question has been agitated whether length of time may not establish a new domicil, even in cases where the intention has been already declared of not abandoning the Domicil of Origin.

CCCXII. Upon this point there would be, perhaps, some variety of opinion, and some difference between the decisions of European and English jurists.

CCCXIII. It has been said by some civilians, that where

(x) "Et primum dicendum est habitationem et domicilium inter se differre. Nam domicilium habere quis dicitur in loco qui animo ibi commorandi perpetuò habitat. Is verò qui pro emptore aliquâ ex causâ, puta studiorum, vel litis vel simili commoratur, habitare dicitur." -Menochius de Præsumpt. Præs. XLII. p. 1053.

(y) See Henry's Appendix, p. 198, Neither again is it any objection, quod decennio quæratur domicilium," since it does not thence follow, "quod minore tempore non quæratur: sed quod in dubio decennium per se sufficit ad probandum domicilium, alioqui, si de voluntate appareat, vel uno momento, domicilium constitutum intelligitur." (3) See Mascardus, Ibid.

a person retained the intention of returning to his former Domicil, a thousand years would not suffice to establish a new one. "So," (says Mascardus (a), himself no mean authority,) "I was taught by the chief of all interpreters of the law, by "Bartolus."

CCCXIV. Locré, it has been already remarked, speaks of a case decided by the Parliament of Paris, that a person who had been absent for fourteen years retained his Domicil, by a correspondence intimating his intention to do so (b).

CCCXV. The Judge of the Prerogative Court observed, in a recent case, “Length of time will not alone do it; intention "alone will not do; but the two taken together do constitute a "change of domicil. No particular time is required; but when "the two circumstances of actual residence and intentional "residence concur, then it is that a change of domicil is "effected" (c).

CCCXVI. The French and Sardinian Codes (d) enact,

(a) "Amplius secundo loco limitabis ut non procedat si ille haberet animum recedendi, etiam tunc et per mille annos non contrahitur domicilium, ut in scholari, sic me docuit juris interpretum Coryphæus, Bart. quæsit. in prin. ff. de Lega 3,” &c.

Mascardi de Probat., Concl. DXXXV. s. xiii. p. 249.

"Nulla tempora constituunt domicilium aliud cogitanti.”—DArgentré Commentarii in patrios Britonum leges seu consuetudines generales Ducatûs Britaniæ, Art. 449.

(b) Legislation Civile de le France, tome iii. 1. i. t. iii. Partie II p. 414.

(c) Collier v. Rivaz, 2 Curteis' Ecclesiastical Reports, p. 859.

(d) "Le changement de domicile s'opérera par le fait d'une habitation réelle dans un autre lieu, joint à l'intention d'y fixer son principal établissement." See Articles 103, 4, 5, of the Code Civile, 1. i. t. iii. and Locré's Legislation de la France, tome iii. Code Civil, pp. 414–47, where the discussion is set forth at length. Napoleon took an active part in it. "Le Premier Consul dit, qu'au premier mouvement de de volonté n'est qu'un caprice, et qu'on ne peut regarder l'intention comme formée, que lorsqu'elle a été réfléchie, et qu'elle s'est maintenue pendant un temps suffisant pour qu'on puisse la croire solide; qu'ainsi on peut l'éprouver par un delai.”

"that a man's change of domicil shall be effected by the fact "of an actual (real) habitation in another place, combined "with the intention of fixing there his principal establish"ment."

CCCXVII. When this article was submitted to the French Council of State for adoption, a discussion took place upon the propriety of fixing a certain definite period, before the lapse of which a new domicil could not be acquired; but it was said to be provided for, as far as was practicable, by the words “habitation réelle;" and subsequent articles enacted that the law would consider as proof of intention, a declaration made to the municipality of the Domicil abandoned, and to that of the Domicil acquired; that, where no such declaration exists, the proof should depend upon circumstances.

Cambacérès thought the question one of great difficulty, but inclined against fixing a definite period.

So the Sardinian Code enacts, "L'abitazione reale trasferita in un altro luogo, con intenzione di fissare in questo il principale stabilimento, produrrà cangiamento di domicilio."-Codice Civile, 1. i. t. iii, Del Domicilio, s. 67.

CHAPTER XIV.

MISCELLANEOUS POINTS.

CCCXVIII. There are a few miscellaneous points which seem worthy of consideration before the subject of Domicil is brought to a conclusion.

CCCXIX. These miscellaneous points embrace the consideration of

1. Domicil in Factories.

2. Domicil under a Treaty.

3. Domicil in Mahometan Countries.

4. Domicil in a Country where it is regulated by Enactments of the Government.

I. DOMICIL IN FACTORIES.

CCCXX. It seems to be a well established position of International Law, that the Original Domicil is not lost by residence in a factory belonging to the countrymen of that Domicil, but allowed to be established in a foreign country (a).

CCCXXI. Such factories are considered to be in the same category as the Ambassador's house, or the vessel of war in a foreign harbour, and to be protected by the same fiction of law, viz., that they are parts of the country which they repre

sent.

CCCXXII. In the case of The Danous, however, a Britishborn subject, resident in the English factory at Lisbon, was

(a) 3 Robinson's Admiralty Reports, The Indian Chief, p. 28. See below.

allowed the benefit of a Portuguese character, so far as to render his trade with Holland, then at war with England, but not with Portugal, unimpeachable as a legal trade (b).

CCCXXIII. In Smyrna, and other places of the Turkish dominions, the control over and disposal of their property, its exemption from the municipal laws of the place, and many other privileges, by which the laws of their own countries are preserved to them, have been secured by treaty to European merchants (c).

II.--DOMICIL UNDER TREATIES.

CCCXXIV. So the Original Domicil may be preserved by the effect of a treaty.

CCCXXV. Mr. Maltass was a British subject, born at Smyrna in 1764. When about six years of age, he was sent to England for his education, but returned to Smyrna at the age of fourteen. He made another visit to England in the year 1826, and remained there about two years. After his return to Smyrna he served a clerkship in a mercantile house there, and finally established a house of trade there, under the name of J. and W. Maltass, and in which house he was one of the partners at the time of his death in 1842. He left two wills, one dated October 22nd, 1842, the other, 10th June 1834.

CCCXXVI. The former will was not executed according to the provisions of the recent statute in England (d); the latter, having been made previous to that law, would have been held a valid instrument in England.

(b) 4 Robinson's Ad. Reports, p. 255, n. 6.

(c) Upon the History of European Factories and Consulates, see an excellent and most laborious work, "Manuel des Consuls," in two volumes, by Alex. de Miltitz, published in London and Berlin,

(d) 1 Victoria, c. xxvi.