that he had never lost his domicil of origin, and that his succession must be regulated by the custom of Burgundy, because the nature of his employments at Paris and Ferraques were not such as to acquire for him a domicil. "He lived" (they said)" by his masters' wages, was subject “to their wills, and was under the necessity of following them whithersoever they went." He had, in fact, never enjoyed a state of liberty requisite to enable him to found a domicil (n).

CXLV. An ancient custom exempted all persons domiciled at Nevers (o) from the payment of certain duties in the trade of corn and wine. Berger, a domestic servant of a lady, and Berthaut, who acted in the same capacity to a religious order of the community, claimed this exemption. The Advocate-General, however, unhesitatingly pronounced against their claim upon the ground that, as domestic servants, they could not have acquired any domicil. His opinion was confirmed by an "arrêt" of Parliament with respect to Berger. With respect to Berthaut, they allowed him one month to prove-1stly, that when the demand for duty was made upon him, he was actually domiciled at Nevers; 2ndly, that he paid the "taille "; 3rdly, that he was married and had a wife and children; 4thly, that he had always traded in corn and wine; and in the event of his failing in such proof, they confirmed the sentence of the Advocate-General (p).

CXLVI. The Code Civil expressly declares that every person of full age who is in the habit of acting as a servant or a workman to another, if he reside in the same house as his master, shall be holden to be domiciled therein (7).

(n) Denisart, ibid.

(0) Merlin, Rép. de Jur. Domicile, IV. 2.

(p) It was said by the Attorney-General, in the case of the Countess of Dalhousie v. M'Douall, that a servant who followed his master for a particular service, did not thereby lose his domicil of origin.— 7 Clark & Finnelly's Reports, p. 331.

(q) Art. 109. "Les majeurs qui servent ou travaillent habituelle

CXLVII. According to the Prussian Law and to Savigny, hired servants (Dienstboten-serviteurs à gages), day labourers on an estate (auf einem bestimmten Landgute bleibend arbeitende Tageslöhner-journaliers constamment occupés dans un domaine rural), apprentices to a particular master (bei einem bestimmten Handwerksmeister arbeitende Gesellenouvriers qui exercent leur métier chez un maître) have the domicil of their employers (r).

CXLVIII. The slave, of course, would have no domicil but that of his master, but the manumitted person was holdenby the Roman Law to have acquired the domicil of the manumittor (s).

ment chez autrui ont le même domicile que la personne qu'ils servent, ou chez laquelle ils travaillent lorsqu'ils demeurent avec elle dans la même maison."

(r) Savigny, viii. s. 353.

Preussische Allge. Gerichtsordnung, I. ii. s. 13.

(s) Dig. lib. 1. t. i. s. 27, which says, "Ejus qui manumisit municeps est manumissus non domicilium ejus sed patriam secutus." S. 22 says, "Filii libertorum libertarumque ut liberti paterni patroni et manumissoris domicilium aut originem sequuntur."—"Cives quidem origo, manumissio, allectio, vel adoptio facit.”—Code x. 40–7.

CHAPTER XI.

V. THE PUBLIC OFFICER.

CXLIX. So much was the liberty of the freeman to choose his own domicil respected by the Roman Law, that it was not allowed to be restrained by any act of another private individual (a). If a legacy was left to a freeman on condition that he fixed his domicil in a particular civitas, the condition was set aside ().

CL. But it was fully competent to the Law of the State, or the Public Law, to place restrictions upon this liberty; and the Roman Law-followed in this, as well as in other regulations relating to Domicil, by modern Law-has affixed a particular domicil upon certain public servants (c) of the State, and upon certain criminals (d).

CLI. This leads us to consider the domicil of the Public Officer of the State. The existing French Code has laid down the following rules respecting the domicil of the Officer, Civil or Military, employed in the Public Service of the State (e).

(a) "Nihil est impedimento quo minus quis ubi velit habeat domicilium ei quod interdictum non sit.”—Dig. lib. 1. t. i. 31.

(b) "Titio centum relicta sunt ita, ut a monumento meo non recedat, vel uti in illâ civitate domicilium habeat. Potest dici non esse locum cautioni, per quam jus libertatis infringitur. Sed in defuncti libertis alio jure utimur."-Dig. 1. xxxv. t. i. 71, s. 2.

(c) "Miles ibi domicilium habere videtur ubi meret, si nihil in patriâ possideat."-Dig. lib. i. t. i. s. 23, 1.

• Vide antè as to meaning of this word, p. 27, n. (k); 34, n. (i). (d) "Relegatus in eo loco, in quem relegatus est, interim necessarium domicilium habet."-Dig. lib. 1. t. i. s. 23, 1.

(e) Duranton, Cours du Droit Français, 1. i. t. iii. Du Domicile.

1. If the office be conferred for the life of the holder, and irrevocable, the law fixes his Domicil in the places where its functions are discharged, and admits of no proof to the contrary. For the law," says Denisart," will not presume an "intention contrary to an indispensable duty" (f).

2. If the office be of a temporary and revocable nature, the law does not presume that the holder has changed his original domicil, but allows the fact that he has done so to be established by the usual proof.

CLII. The authority of Denisart, under the old Law of France, would seem to warrant a third division, namely, that of those public officers whose service does not compel them to such close residence, but, perhaps, to only half a year's residence or to a residence of alternate months; they, according to the high authority of Denisart, are presumed in law to be domiciled at the place of their vocation (dans le lieu ou il se sont consacrés à des fonctions publiques): but it is a presumption, capable of being repelled by proof, that the

Merlin, Rép. de Jur. Domicile, iii. Du Domicile des Fonctionnaires Publics.

(f) "Il y en a dont le devoir indispensable exige qu'ils aient leur domicile dans tel lieu, parcequ'il faut qu'ils s'y trouvent tous les jours et presque à toute heure; tel est le lieutenant civil du châtelet de Paris. Il en est d'autres qui ne sont pas astreints au même devoir, quoiqu'ils aient aussi des fonctions particulières: tel est un trésorier de France. En conséquence, il est impossible que le lieutenant civil du châtelet n'ait pas son domicile à Paris; au lieu qu'il n'est pas impossible qu'un trésorier de France soit domicilié ailleurs, que dans la ville où se fait l'exercice de son office. On ne sauroit avoir égard en matière de domicile à une intention contraire à un devoir indispensable. C'est pourquoi quand même un lieutenant civil se diroit dans tous les actes qu'il passeroit domicilié dans un château, où auroit sa femme et ses enfans, il n'en seroit pas moins domicilié à Paris, &c." Denisart, Domicile, c. ii. s. 5. This rule applies to those who are comprised under the 109th article of the Code Civil, according to which, "L'acceptation de fonctions conferées à vie emportera translation immédiate du domicile du fonctionnaire dans le lieu où il doit exercer

ses fonctions." Merlin remarks upon the equivocal character of the expression "conferées à vie," which, he says, is designed only to mean "fonctions irrévocables.”—Rép. de Jur. Domicile III.

seat of his family affairs, the residence of his wife and family, is elsewhere, and that he has described himself, in all legal instruments, as belonging to his ancient domicil, and not to that which he has acquired by virtue of his employment. CLIII. The presumption was repelled in the case of Somerville v. Lord Somerville (g). His residence in London, after he had been elected one of the sixteen peers of Scotland, was holden to be no proof of his Domicil there being occasioned by his Parliamentary duties. So the office of "grand-maître d'eaux et forêts" was not holden to prevent the law of the original domicil from operating in the case of M. de Courteval, chiefly on the ground that the office did not compel more than a visit of two or three months during the course of the year to the department, and not a fixed residence (h).

CLIIIA. In the case of the Attorney-General v. Rowe (i), it was holden that a person whose domicil of origin was English, and who resided in England till his appointment to be Chief Justice of the Island of Ceylon, did not lose his domicil of origin by residing in Ceylon as Chief Justice, and dying there after four years' service in that office; and that his estate was therefore liable to legacy duty in England.

CLIV. The case of Mr. Bruce (j) should be mentioned as belonging to the first division. He left Scotland when young, and after being several years in the navy, in the year 1767 went to the East Indies (k) in the military service of the Company, and continued there till his death, in 1783,

(g) Vide supra.

(h) Cochin, Euvres, t. ix. p. 124.

(i) 1 Hurlstone & Coltman's Exchequer Rep. p. 31.

(j) Brown's Cases in Parliament, vol. vi. p. 566. 2 Bosanquet & Puller's Reports, 230.

(k) Voet, remarking that a domicil is not created when a person "negotiationis peragendæ causâ alicubi commoretur," adds, "quâ ratione responsum quoque aliquando fuit, eum qui in Indiam Orientalem profectus fuit domicilium non amisisse, quod tamen nostris moribus ex novissimo jure de iis qui Indiam Orientalem petunt quodammodo mutatum est," &c.-Lib. v. t. i. s. 87.