the court expressly took the distinction between home, in respect to settlement, and domicile in its broadest sense, and held that the former ceased upon abandonment, though no new home was at once acquired; "If a party abandon his former residence," said the court," with an intention not to return, but to fix his home elsewhere, while in the transit to his new, and it may be distant, destination, we are of opinion, that, whatever may be said of his domicile, his home has ceased at his former residence within the meaning of the statute for the support and relief of the poor:" and the decision in Jamaica v. Townshend, 19 Vermont, 267, is to the same effect; and see the argument of counsel in Baird v. Byrne, 3 Wallace, Jr. 3. However, the maxims, that every man has, in law, a domicile somewhere, and that one domicile is not extinguished until another is acquired, seem to be founded in policy and reason; and perhaps they ought to receive a general application: and this was, the opinion on the circuit of GRIER, J., in the interesting case of Baird v. Byrne, 3 Wallace, Jr. 1. *The domicile of a feme covert, as a general principle, follows *757] that of her husband:(1) but this will not be applied in a case of adversary relations between the parties, so as to oust the jurisdiction of a court of a libel for divorce, for the husband might change in his domicile perpetually, and defeat the application altogether; for the purpose, therefore, of filing a libel for divorce, although the husband has moved away, the wife's domicile will be held to continue, or to be where she actually resides.(2) The domicile of a minor not emancipated, is that of his parents, or the survivor of them, and changes with it. If they be dead, his domicile is usually that which was theirs at the time of their death. Warren v. Hooper, 13 Indiana, 167; Grimett v. Withrington, 16 Arkansas, 377. ["No infant," says the Supreme Court of Pennsylvania,(3) "who has a parent, sui juris, can, in the nature of things, have a separate domicile. This springs from the status of marriage, which gives rise to the institution of families; the foundation of all domestic happiness and virtue which is to be found in the world. The nurture and education of the offspring make it indispensable that they be brought up in the bosom and as a part of their parent's family, without which the father could not perform the duties he owes them, or receive from them the service that belongs to him. In every community, therefore, they are an integrant part of the domestic economy, and the family continues for a time to (1) Greene v. Greene, 11 Pickering, 411, 414, 415; Lane v. Pardee, 2 Meigs, 232; Brown v. Lynch, 2 Bradford, 218. (2) Harteau v. Harteau, 14 Pickering, 181; Harding et ux. ». Alden, 9 Greenleaf, 140, 147; Irby v. Wilson, 1 Devereux & Battle's Equity, 568, 582; Ditson v. Ditson, 4 R. I. 107. (3) School Directors v. James, 2 Watts & Sergeant, 571. have a local habitation and a name, after its surviving parent's death. The parents' domicile, therefore, is consequently and unavoidably the domicile of the child." But sometimes, as, e. g., where a child is permanently left with other near relations-as with his grandparents-in the place of his birth, a place different from that of some new domicile of his parents, it might perhaps be different. It is different, where the child's father has died and his mother re-married and gone with her husband away, leaving the child behind in the place of his birth. By her marriage she assumes her husband's domicile, and while it is a rule of law that the domicile of the child is the domicile of the father, or of the mother while she has a domicile of her own, it is not a rule that children take the domicile of their step-father, or follow their mother's into it, when she surrenders her own.(1)] The domicile of a minor whose parents are dead, or of a person non compos, may be changed by the authority or with the assent of his guardian, or those who have the legal care of him;(2) But the guardian being an officer of the law, will not be allowed to employ his authority in this respect for the disadvantage of the ward; and no greater effect ought to be given to his acts on this subject than the nature of the case reasonably requires. Its consequences should be limited, so as not to affect the rights of the infant on the succession to his property.(3) The principles relating to domicile, as will be seen, are simple, and suggest themselves naturally. Several-all no doubt which existed in that case are presented with great force and beauty, by the Roman orator in his Oratio pro Archia Poeta, particularly the residence of Archias, who was a native of Antioch, for many years at Rome, and that there was the "sedes omnium rerum et fortunarum suarum." There exists however, often much difficulty in the application of the principles admitted. An interesting case, since the publication of the first edition of this work, will be found in Rue High, Appellant, 2 Douglass, 515; and another, still more curious and perplexing, in White v. Brown, so often referred to, in 1 Wallace, Jr. 217. (1) Brown v. Lynch, 2 Bradford, 218, and 2 Meigs, 536. (2) Holyoke v. Haskins et ux., 5 Pickering, 20; Leeds v. Freeport, 1 Fairfield, 356. (3) See what is said Ex parte Bartlett, 4 Bradford, 221; and in Grimmett v. Withrington, 16 Arkansas, 377; and in Trammell v. Trammell, 20 Texas, 418. INDEX ΤΟ THE PRINCIPAL MATTERS IN THE NOTES TO VOL. I. ratification of unauthorized agency, respective liabilities of principal and agent on sealed contracts, 722, 740. of the principal's ownership of prop- AGENCY-continued. duty of an agent, is, to use diligence, are, to indemnity, and compensa- when interest is due to and by agents, infant cannot appoint an agent, 304, of notice given by agent, of present- agent of agent; or sub-agent, 713, 714; ANTECEDENT DEBT, 422. See NEGOTIATION OF BILLS and NOTES. directions necessarily inferred from or inferred from the source from which cation at or before the time of payment, but having once, in any way made it, III. If neither the debtor nor creditor have rily paid by the debtor, 347, 359. In the first case, i. e., where money has by the rule of the civil law, and by this last rule stated, and the true mode of applying payments on a debt bear- rule of application in the case of mu- where the payment is made by law exclu- difficult to determine when this princi- ple becomes properly applicable, 359. APPLICATION OF PAYMENT -con- native origin and growth, and not to ASSIGNMENTS FOR BENEFIT OF lawful in the absence of statutory pro- but preferences by corporations are assignment may provide for security of future or contingent liabilities, 73. or the reservation of a power in the as- or preferring fictitious debts, or ex- or the appointment of a person as as- or stipulations tending to coerce credi- or the reservation of any use or benefit this rule is not, however, applied in all |