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Dominion Law Reports Volume 23 ebook

Dominion Law Reports Volume 23 ebook

Dominion Law Reports Volume 23. Anonymous

Dominion Law Reports Volume 23
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Author: Anonymous
Page Count: 362 pages
Published Date: 15 Jan 2013
Publisher: Rarebooksclub.com
Publication Country: Miami Fl, United States
Language: English
Type: Pdf
ISBN: 9781234171346
Download Link: Dominion Law Reports Volume 23
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1915 edition. Excerpt: ...which the law derives from the fact of a man fixing voluntarily his sole or chief residence in as particular place, with an intention of continuing to reside there for an unlimited time. This is a description of the circumstances which create or constitute a domicile, and not a definition of the term. There must be a residence freely chosen. Domicile has been described as equivalent to home (Phillimore s International Law, 3rd ed., vol. 4, p. 45). It follows from this that the same principles apply in determining whether there has been a change of domicile when the suggested change is from one sovereignty to another sovereignty, and when the change is from one part to another of the same dominion; but it appears to me that some of the facts relied on in some of the cases possess more cogency when applied to a change which would ordinarily be accompanied by an abandonment of the original allegiance than when the allegiance remains the same. This is particularly so where the fact relied upon is the exercise of the political right of voting. All the cases point out the facts that the domicile of origin is not to be treated as abandoned upon slight evidence. The onus is clearly upon those asking the Court to determine that a new domicile has been chosen, to satisfy the Court that there has been an actual intention on the part of the individual to abandon his domicile of origin. It is not necessary to multiply citations in support of this. The cases are well collected in the Supreme Court decision already referred to and in the later case of Jones v. City of St. John (1899), 30 S.C.R. 122. Marchioness of Huntly V. Gaskell, 1906 A.C. 56, puts this point clearly: The abandonment or change of a...

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