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HABITANCY

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 given place though he does not spend the greater portion of his time there, or though he may be absent for long periods. It is also more comprehensive than “residence,” for one may reside in a given place only temporarily or for short periods on the occasion of repeated visits. But in neither case could he properly be called an “inhabitant” of that place or be said to have his “habitancy,” there. See Atkinson v. Washington A Jefferson College, 54 W. Va. 32, 46 S. E. 253; Hairston v. Halrston, 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 be designated as an “inhabitant” of that place which constitutes the principal seat of his residence, of his business, pursuits, connections, attachments, and of his political and municipal 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 must concur. Lyman v. Fiske, 17 Pick. (Mass.) 231, 28 Am. Dec 293.

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