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Residence and Domicile

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Residence and Domicile Empty Residence and Domicile

Post by Candor Sat Jul 22, 2017 8:08 pm

Residency means you have a presence with a purpose. When you complete that purpose, you will return to your domicile. An example is a doctor's residency in a hospital. The doctor is there to complete his purpose, and when he is finished he leaves.
A domicil needs no purpose. It is not necessary to justify your presence at your domicile. It is your permanent home

For jurisdictional purposes, namely the interstate commerce clause of the U.S. Constitution (Art. I, Sec 8, Clause 3), your claim of residency of a state is used to subject you to regulation under the interstate commerce clause.






BOUVIER's LAW DICTIONARY
Sixth Edition (1856)

RESIDENCE. The place of one's domicil. (q. v.) There is a difference between a man's residence and his domicil. He may have his domicil in Philadelphia, and still he may have a residence in New York; for although a man can have but one domicil, he may have several residences. A residence is generally tran-sient in its nature, it becomes a domicil when it is taken up animo manendi. Roberts; Ecc. R. 75.

2. Residence is prima facie evidence of national character, but this may at all times be explained. When it is for a special purpose and transient in its nature, it does not destroy the national character.

3. In some cases the law requires that the residence of an officer shall be in the district in which he is required to exercise his functions. Fixing his residence elsewhere without an intention of returning, would violate such law. Vide the cases cited under the article Domicil; Place of residence.

RESIDENT, international law. A minister, according to diplomatic language, of a third order, less in dignity than an ambassador, or an envoy. This term formerly related only to the continuance of the minister's stay, but now it is confined to ministers of this class.

2. The resident does not represent the prince's person in his dignity, but only his affairs. His representation is in reality of the same nature as that of the envoy; hence he is often termed, as well as the envoy, a minister of the second order, thus distinguishing only two classes of public ministers, the former consisting of ambassadors who are invested with the representative character in preeminence, the latter comprising all other ministers, who do not possess that exalted character. This is the most necessary distinction, and indeed the only essential one. Vattel liv. 4, c. 6, 73.

RESIDENT, persons. A person coming into a place with intention to establish his domicil or permanent residence, and who in consequence actually remains there. Time is not so essential as the intent, executed by making or beginning an actual establishment, though it be abandoned in a longer, or shorter period. See 6 Hall's Law Journ. 68; 3 Hagg. Eccl. R. 373; 20 John. 211 2 Pet. Ad. R. 450; 2 Scamm. R. 377.






Bouvier's Law Dictionary
14th edition, Vol. II, page 470

Resident. One who has his residence in a place.
Residence indicates permanency of occupation, as distinct from lodging, or boarding, or temporary occupation, but does not include so much as domicil [sic], which requires an intention continued with residence. 19 Mc. 293; 2 Kent, Comm. 10th ed. 576.






Blacks Law Dictionary
4th Ed., Page 1176

As "domicile" and "residence" are usually in the same place, they are frequently used as if they had the same meaning, but they are not indentical terms, for a person may have two places of residence, as in the city and country, but only one domicile. Residence means living in a particular locality, but domicile means living in that locality with intent to make it a fixed and permanent home. Residence simply required bodily presence as an inhabitant in a given place, while domicile requires bodily presence in that place and also an intention to make it one's domicile. Fuller v. Hofferbert, C./A.Ohio, 204 F.2d 592, 597. [see also In re Riley's Will, 266 N.Y.S. 209, 148 Misc. 588.]
"Residence" is not synonyumous with "domicile," though the two terms are closely related; a person may have only one legal domicile at one time, but he may have more than one residence. Fielding v. Casualty Reciprocal Exchange, L.App., 331 So.2d 186, 188.

In certain contexts the courts consider "residence" and "domicile" to be synonymous (e.g. divorce action, Cooper v. Cooper, 269 Cal.App.2d 6, 74 Cal. Rptr. 439, 441); while in others the two terms are distinguished (e.g. venue, Fromkin v. Loehmann's Hewlett, Inc., 16 Misc.2d 117, 184 N.Y.S.2d 63, 65).




MORE LAWNOTES  




For jurisdictional purposes, namely the interstate commerce clause of the U.S. Constitution (Art. I, Sec 8, Clause 3), your claim of residency of a state is used to subject you to regulation under the interstate commerce clause.






BOUVIER's LAW DICTIONARY
Sixth Edition (1856)

RESIDENCE. The place of one's domicil. (q. v.) There is a difference between a man's residence and his domicil. He may have his domicil in Philadelphia, and still he may have a residence in New York; for although a man can have but one domicil, he may have several residences. A residence is generally tran-sient in its nature, it becomes a domicil when it is taken up animo manendi. Roberts; Ecc. R. 75.

2. Residence is prima facie evidence of national character, but this may at all times be explained. When it is for a special purpose and transient in its nature, it does not destroy the national character.

3. In some cases the law requires that the residence of an officer shall be in the district in which he is required to exercise his functions. Fixing his residence elsewhere without an intention of returning, would violate such law. Vide the cases cited under the article Domicil; Place of residence.

RESIDENT, international law. A minister, according to diplomatic language, of a third order, less in dignity than an ambassador, or an envoy. This term formerly related only to the continuance of the minister's stay, but now it is confined to ministers of this class.

2. The resident does not represent the prince's person in his dignity, but only his affairs. His representation is in reality of the same nature as that of the envoy; hence he is often termed, as well as the envoy, a minister of the second order, thus distinguishing only two classes of public ministers, the former consisting of ambassadors who are invested with the representative character in preeminence, the latter comprising all other ministers, who do not possess that exalted character. This is the most necessary distinction, and indeed the only essential one. Vattel liv. 4, c. 6, 73.

RESIDENT, persons. A person coming into a place with intention to establish his domicil or permanent residence, and who in consequence actually remains there. Time is not so essential as the intent, executed by making or beginning an actual establishment, though it be abandoned in a longer, or shorter period. See 6 Hall's Law Journ. 68; 3 Hagg. Eccl. R. 373; 20 John. 211 2 Pet. Ad. R. 450; 2 Scamm. R. 377.






Bouvier's Law Dictionary
14th edition, Vol. II, page 470

Resident. One who has his residence in a place.
Residence indicates permanency of occupation, as distinct from lodging, or boarding, or temporary occupation, but does not include so much as domicil [sic], which requires an intention continued with residence. 19 Mc. 293; 2 Kent, Comm. 10th ed. 576.






Blacks Law Dictionary
4th Ed., Page 1176

As "domicile" and "residence" are usually in the same place, they are frequently used as if they had the same meaning, but they are not indentical terms, for a person may have two places of residence, as in the city and country, but only one domicile. Residence means living in a particular locality, but domicile means living in that locality with intent to make it a fixed and permanent home. Residence simply required bodily presence as an inhabitant in a given place, while domicile requires bodily presence in that place and also an intention to make it one's domicile. Fuller v. Hofferbert, C./A.Ohio, 204 F.2d 592, 597. [see also In re Riley's Will, 266 N.Y.S. 209, 148 Misc. 588.]
"Residence" is not synonyumous with "domicile," though the two terms are closely related; a person may have only one legal domicile at one time, but he may have more than one residence. Fielding v. Casualty Reciprocal Exchange, L.App., 331 So.2d 186, 188.

In certain contexts the courts consider "residence" and "domicile" to be synonymous (e.g. divorce action, Cooper v. Cooper, 269 Cal.App.2d 6, 74 Cal. Rptr. 439, 441); while in others the two terms are distinguished (e.g. venue, Fromkin v. Loehmann's Hewlett, Inc., 16 Misc.2d 117, 184 N.Y.S.2d 63, 65).




MORE LAWNOTES  

Also Blacks 2nd edition:  What is RESIDENT?


One who has his residence in a place. "Resident" and "inhabitant" are distinguishable in meaning. The word "inhabitant" implies a more fixed and permanent abode than does "resident;" and a resident may not be entitled to all the privileges or subject to all the duties of an inhabitant. Frost v. Brisbin, 19 Wend. (N. Y.) 11, 32 Am. Dec. 423. Also a tenant, who was obliged to reside on his lord's land, and not to depart from the same; called, also, "homme levant et couch- ant," and in Normandy, "resscant du fief."


Law Dictionary: What is RESIDENT? definition of RESIDENT (Black's Law Dictionary)  




   
Its US law dictionaries I know as I don't have Strouds judicial dictionary to cite for England and Wales as its priced out of the majority of peoples reach, but I think these definitions have enough for us to know there is a difference and that by no means should the colloquial way in which terms like resident/residence/residential are used should ever..ever be construed to mean the same as what they do in a legal sense, clearly they do not.

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Residence and Domicile Empty Re: Residence and Domicile

Post by Candor Sun Jul 23, 2017 12:18 am

ANIMUS MANENDI. The intention of remaining. To acquire a domicil, the party must have his abode in one place, with the intention of remaining there; for without such intention no new domicil can be gained, and the old will not be lost. See Domicile.


ANIMUS REVERTENDI. The intention of returning. A man retains his domicil, if he leaves it animo revertendi. 3 Rawle, R. 312; 1 Ashm. R. 126; Fost. 97; 4 Bl. Com. 225; 2 Russ. on Cr. 18; Pop. 42,. 62; 4 Co. 40.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.


You see Animus or Intent is a key component in law.

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Residence and Domicile Empty Re: Residence and Domicile

Post by Candor Sun Jul 23, 2017 12:20 am

Animus Possidendi

An intention to possess (sometimes called animus possidendi) is the other component of possession. All that is required is an intention to possess something for the time being. In common law countries, the intention to possess a thing is a fact. Normally, it is proved by the acts of control and surrounding circumstances.



It is possible to intend to possess something without knowing that it exists. For example, if you intend to possess a briefcase, then you intend to possess its contents, even though you do not know what it contains. It is important to distinguish between the intention sufficient to obtain possession of a thing and the intention required to commit the crime of possessing something illegally, such as firearms, banned drugs or stolen goods. The intention to exclude others from the garage and its contents does not necessarily amount to the guilty mind of intending to possess stolen goods.



When people possess places to which the public has access, it may be difficult to know whether they intend to possess everything within those places. In such circumstances, some people make it clear that they do not want possession of the things brought there by the public. For example, it is not uncommon to see a sign above the coat rack in a restaurant which disclaims responsibility for items left there.

Source : LawyerIntl.com

Language : Latin

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Residence and Domicile Empty Re: Residence and Domicile

Post by Waffle Sun Oct 22, 2017 6:46 pm

Dint know how this post hasn't been contributed to?

Residence in latin means remaining, the occupant is remaining......

There are 3 terms, occupant, resident and inhabitant.

Resident short stay, inhabitant long stay with duties and privileges, the resident doesn't have all the duties or privileges as an inhabitant. Why is an occupant deemed to be a short stay resident with no duties or privileges?

ANIMUS MANENDI. The intention of remaining.

Why is the only use of inhabitant I can find in the Local Government act 1972 in s 248 FREEMAN? We all used to be inhabitants, but now we are occupants in residence, I'm surprised they haven't named them quarters.........



Out of all the definitions you've cited this is what caught my eye the most from blacks.........in Normandy, "resscant du fief."

Fief, this word should describe how we are being treated, and its a commonly feudal term.

HA, thought so, this is from WIKI....

A fief (/ˈfiːf/; Latin: feudum) was the central element of feudalism and consisted of heritable property or rights granted by an overlord to a vassal who held it in fealty (or "in fee") in return for a form of feudal allegiance and service, usually given by the personal ceremonies of homage and fealty.


This is WIKI's take on vessel feudalism.
A vassal[1] is a person regarded as having a mutual obligation to a lord or monarch, in the context of the feudal system in medieval Europe. The obligations often included military support and mutual protection, in exchange for certain privileges, usually including land held as a tenant or fief.[2]


I'll save the best bit for the next paragraph


FIEF was a central element of feudalism whereby rights to occupy a hereditament in fee simple (freehold) were granted to a tenant by a Lord in return for homage!!!!!!!!!

By golly Candor your a freaking genius

Homage in the Middle Ages was the ceremony in which a feudal tenant or vassal pledged reverence and submission to his feudal lord, receiving in exchange the symbolic title to his new position (investiture).

Homage is one of the original forms of, what today is birth registration......

Exchanging liberties and freedoms for prison, slavery and servitude


This is one of the best threads. We must keep it going!


Investiture is very closely linked to livery of seisin, which is where a lot of this started for me, investiture was also a symbolic clothing of the vessel by the feudal lord, a symbol of vesting himself the feoffee....... Every wondered why the LORD God cloths Adam and Eve and says behold ye has become alike one of us!!!! KJV was written in the when???? The very back end of the Feudal era.


Apologies for wondering of the track here but its all part of the puzzle, the resident is a person/vassel that has acquired the right of residence by paying homage to the feudal Lord/Monach.

I'd bet there are some hoops to jump through regards some type of allegiance before any of us can become inhabitants again.

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Residence and Domicile Empty Re: Residence and Domicile

Post by Waffle Sun Oct 22, 2017 7:16 pm

Hows this......

Rights of residence in a hereditament is acquired in fee simple by a person registering themselves with a LORD Lieutenant for military service in return for a title.

Basic analysis I know and I hope we can all elaborate but this thread has spelt out to me whats going on better than none other.

FOI to the LORD lieutenant is on its way!

And what are we entitled to if we don't register?? I know proper travellers are not called up for military service because they don't register, they also find it difficult to acquire a settlement, or be inhabitants I should say

So, how are we now occupants in residence, i.e short stay tenants......

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Residence and Domicile Empty Re: Residence and Domicile

Post by Waffle Sun Oct 22, 2017 9:55 pm

Many empires have set up vassal states, based on tribes, kingdoms, or city-states, the subjects of which they wish to control without having to conquer or directly govern them. In these cases a subordinate state (such as a dependency, suzerainty, residency or protectorate) has retained internal autonomy, but has lost independence in foreign policy, while and, in many instances, formal tribute.

In this framework, a formal colony or "junior ally" might also be regarded as a vassal state in terms of international relations, analogous to a domestic "fiefholder" or "trustee".

The concept of a vassal state uses the concept of personal vassalry to theorize formally hegemonic relationships between states – even those using non-personal forms of rule. Imperial states to which this terminology has been applied include, for instance: Ancient Rome, the Mongol Empire, and the British Empire

https://en.wikipedia.org/wiki/Vassal


Vessel state is subordinate to a state and forms residency it is analogous to domestic firfholder or trustee......



Britain is becoming a vessel state of the united states
http://uk.reuters.com/article/uk-france-election-macron-britain/britain-becoming-u-s-vassal-state-says-french-presidential-hopeful-macron-idUKKBN15B16C



I know some of you might get this, and I'm getting way off track here to the original content, but will bring it back I hope....

When Theresa May visited Washington in January, she mentioned the special relationship more times than her hosts spelt her name right in the official schedule.

https://www.ft.com/content/9936fe20-864c-11e7-bf50-e1c239b45787




Does the occupation of residency refer to a special relationship whereby London and Washington have over the years developed this special relationship and the and the LORD is the other side of the pond, ergo the territory (hereditament) is under occupation by a vassel that is not part of the LORDS state?? I can't help but think with all the other suggestive research going on that by inhabiting a property that is part of a special relationship with washington the resident is in occupation of the territory.

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Post by Waffle Sun Oct 22, 2017 10:16 pm

Its in your face, hidden in plain sight, this is unreal how obvious it is all you need to do is to be able to see.........


Trump declared in his opening statement. “We have one of the great bonds.”


May uttered the hallowed phrase: “the unique and special relationship that exists between us”.

The words are intoned repetitiously, over and again, almost as a prayer or incantation, to the point when everyone has long since forgotten what they actually mean.

Tony Blair’s service to George W Bush in the invasion of Iraq was only the most extreme case of this game of give and take, in which the president is given everything and takes everything, offering nothing in return.

We know who the beneficiary is then!!!

https://www.theguardian.com/politics/2017/feb/14/will-trump-presidency-finally-kill-myth-of-special-relationship


This is britain and its unique special relationship with the US

https://www.youtube.com/watch?v=nYYTLJ8YHi4



On a more serious note May and Trump have renewed indeed the unique special relationship that Britain and the US have had for over 100 years, since WWI.

Right in your face, maybe I would have clocked onto it sooner if I watched the brainwash box....

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Post by Waffle Sun Oct 22, 2017 10:19 pm

Trump declared we have one of the great bonds! WOW

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Residence and Domicile Empty Re: Residence and Domicile

Post by Waffle Sun Oct 22, 2017 10:51 pm

Secured party creditor alright!

The Anglo-American Loan Agreement[1] was a post World War II loan made to the United Kingdom by the United States on 15 July 1946, and paid off in 2006.[2] The loan was negotiated by John Maynard Keynes. The loan was for $3.75 billion (US$57 billion in 2015) at a low 2% interest rate; Canada loaned an additional US$1.19 billion.



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Residence and Domicile Empty Re: Residence and Domicile

Post by Waffle Sun Oct 22, 2017 11:24 pm

Bouviers

OCCUPATION. Use or tenure; as, the house is in the occupation of A B. A trade, business or mystery; as the occupation of a printer. Occupancy. (q. v.)

2. In another sense occupation signifies a putting out of a man's freehold in time of war. Co. Litt. s. 412. See Dependeney; Possession.

OCCUPAVIT. The name of a writ, which lies to recover the possession of lands, when they have been taken from the possession of the owner by occupation. (q. v.) 3 Tho. Co. Litt. 41.


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Residence and Domicile Empty Re: Residence and Domicile

Post by Guest Mon Oct 23, 2017 1:14 am

Hi guys

Can i just ask - was it the Lisbon treaty that handed control of our armed forces over to Europe?

Yes - this is an interesting thread, dunno how i missed it first time round. Couple of things that tickle my fancy - hope you don't mind it's just hunches with no research?

Do you know, i've only just realised that the scrivener's who craft legislation must also write these legal dictionaries we enjoy so much?

'Residence implies permanency of occupation as distinct from lodging, or boarding, or temporary occupation, but does not include so much as domicil [sic] which requires an intention continued with residence'

If you replace 'occupation' with 'office', or 'calling/vocation', or 'profession' and then replace '...an intention continued' with 'a living will/trust' then it gets interesting... they're making the distinction between a 'person' and a 'man'.

Did i miss 'minister' as a possible candidate for 'Mr.'? Silly me...

....and we may all yet get to be diplomats!

Cheers!


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Residence and Domicile Empty Re: Residence and Domicile

Post by Guest Mon Oct 23, 2017 2:39 am

Hi guys

It makes me wonder are we, on some level, being charged rent for our souls occupying our bodies....?

Cheers!

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Residence and Domicile Empty Re: Residence and Domicile

Post by Candor Tue Oct 24, 2017 7:27 am

The presumption they use was given to you in the council tax thread ... definition "a business includes ...."

The occupation is of an office, that is an aggregated member of their corporation, how else can they effect legal joinder, they cannot enjoin the Man or it seems even the man clothed in the person of an inhabitant, the enemy of the state part comes in I suspect through belligerence in the court, where military rules then apply.

I know this because in the crown court a prosecutor told my friend he would metaphorically treat him as a military officer, this was for a case transferred from the magistrates, I don't think this was just a bit of sarcasm either on the part of the prosecutor, Rob B has mentioned this come up in court too.

All of this concurs with what Romley explained about the Admirality laws being applied on the vessel in times of emergency - we (or I should say they), are in a state of perpetual emergency ...and this is what they are invoking to carry on with their transgressions and iniquity. It is in their interests to keep us on terror alert.

You have to see the duality sometimes, we may be under military occupation but that does not makes us the military occupier - that is nonsense.

What makes sense is that they deem us as having a commercial occupation that is subject to the rank and status of the debtor society ...which agrees with the legislation.

The whole system operates on the proviso of the top dogs keeping those below them in the hierarchy only knowing enough to do as they are told, and they have trained their personnel very efficiently in this, most people in the lower strata of the system don't even know what a legal or natural person is, let us recall a time when we didn't either, we were trained in the public fool system not to know the difference between the actor and the actors mask.

In response to your specific comment iamani, I think you need to differentiate between sole and soul .... a sea of souls united into one body, the rite of baptism has something to do with this I suspect as does confirmation, remember they stripped almost everything out of the ecclesiastical law and morphed it into the civil law ... which they have utterly corrupted, a fact that High Magician Francis Bacon alluded to many moons ago, as discovered by waffle in his research.

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Residence and Domicile Empty Re: Residence and Domicile

Post by Guest Wed Oct 25, 2017 12:21 am

Hi Candor

This really is an interesting thread - and i've yet to focus on Waffle's posts. This could take a while!

Anyway, i think i've sussed domicile - it's a human-person's ward of settlement, the place he claims and exercises his right to vote. It's also where he accepts service as a trustee of his LORD'S NAME ESTATE. The lowest public office that is obliged to accept a role as trustee when appointed as such is minister, and you don't even have to be informed of your own appointment. That's what i'm getting from this - am i reading it right?

i also now think that 'permanence of occupation' can equally be read as 'permanence of being an occupier', which is a military residency, and domicile is when he decides to settle there.

Wha'd'ya reckon?

Cheers!

Guest
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Residence and Domicile Empty Re: Residence and Domicile

Post by Guest Wed Oct 25, 2017 1:07 am

Hi Candor

So is a man's domicile actually his 'ministry'....?

Cheers!

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Residence and Domicile Empty Re: Residence and Domicile

Post by Guest Wed Nov 22, 2017 8:09 pm

Hi

Any chance this thread can be transplanted into 'other news' please?

This is good info and deserves a bit more study - the 'debt' forum moves so fast this has gotten buried here.

Please?

Cheers!

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