tate the smuggling, such as packing them in a par- ticular way, then the seller is deemed active and the contract will not be enforced.' As frequent reference will be made in the course of this inquiry to the " Law of the Domicil," it will perhaps be well before proceeding further, to ascer- tain the legal meaning of the term, and the sense in which it is used by jurists.
The term " domicil," as used by writers on the law, refers to the national or local abode of a person ; and in a legal sense is that certain, fixed home or establishment in which he takes his principal residence, and to which, when he is absent, he intends to return.
Domicile, however, according to Mr. Justice Story, is of three sorts; domicile by birth, domicile by choice, and domicile by operation of law. The first is the common case of the place of birth, domicilium originis; the second is that which is voluntarily acquired by a party propria marte. The last is consequential, as that of the wife arising from marriage.^ ' Holman v. Johnson, 1 Cowper E., 341 ; Liglitfoot v. Tenant, 1 Bossanquet & Puller R., 551.