The Archive · 1923

A Scotsman in England

In the matter. of intention to stay counsel quoted the case of a Scotsman, who having discovered his wife's infidelity, proceeded to England, but retained his shooting lodge in Scotland and membership of a society. Furthermore he remained a sleeping partner in a business in annas He vot to Tears a then instituted proceed-Englan stay there for six ings for the-dissolution of his marriage on ground of his wife's adultery in Scotland. It was held that the fact of his residence in England did not constitute dom-idle, yet in order not to discredit his statement of intention to stay the Court was bound to come to the conclusion that he had acquired domicile in England.

The Judge here quoted the_case of an illegitimate son of a sScotsman by.a Portuguese woman. The youth was sent to Scotland to be educated and afterwards entered the British Customs service. It was held that the boy had net acquired domicile in England. It was even further held that the place of his domicile was Portugal, the land of his mother.

In conclusion, Mr. MacDonald submitted that other cases bearing on the subject were immaterial. It was only necessary to-decide on the facts of the present case. Firstly the Court had to consider long residence (on that alone petitioner could be said to! be domiciled) and on oath. Thera were also circum-secondly there was his statement

stances of intention in the past.

Hig Lordship said he would give his deci.ion in the matter of dom-idle within ai few days.

Text read from the printed page and cleaned; old type leaves the occasional error.

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