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HABITANCY Definition & Legal Meaning

Definition & Citations:

Settled dwelling in a given place; fixed and permanent residence there.This term is more comprehensive than “domicile,” for one may be domiciled In a givenplace though he does not spend the greater portion of his time there, or though he maybe absent for long periods. It is also more comprehensive than “residence,” for onemay reside in a given place only temporarily or for short periods on the occasion ofrepeated visits. But in neither case could he properly be called an “inhabitant” of thatplace or be said to have his “habitancy” there. See Atkinson v. Washington & JeffersonCollege. 54 W. Va. 32, 46 S. E. 253; Hairston v. Hairston, 27 Miss. 711, 61 Am. Dec.530; Abington v. North Bridgewater. 23 Pick. (Mass.) 170. And see DOMICILE; RESIDENCE.It is difficult to give an exact definition of “habitancy.” In general terms, one may bedesignated as an “inhabitant” of that place which constitutes the principal seat of hisresidence, of his business, pursuits, connections, attachments, and of his political andmunicipal relations. The term, therefore, embraces the fact of residence at a place,together with the intent to regard it and make it a home. The act and intent mustconcur. Lyman v. Fiske, 17 Pick. (Mass.) 231, 28 Am. Dec. 293.


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