Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1865-04-14
OPINION,
ATTORNEY GENERALS OFFICE, I

ATTORNEY GENERALS OFFICE, !
March Is, 1866. !
SR:-Upon the 18th section OF the Act entitled q Al
Act to amend the several Acts heretofore passed
provide for the enrolling calling the nationa
forces," which provides follows
That hereafter all persons mustered into the mill
tary or naval service, whether volunteers substi
tutes representatives, otherwise shall be cred ted
to the state, and to the ward township precinct OF
other enrolment subdstrIct, where persons be
tual residence within Unted States ) and where
uch persons were shall be enrolled, Cif liable L
enroHmentO and it is hereby made the duty of the
Provost Marshal General make such rules and give
such instructions to the several Provost Marshals
Boards OF Enrolment and Mastering Ofncers as shal
be necessary the faithful enforcement of the pro
visions of this section, to tie end that and us
credit shall be given to every section of The connG
ProDdied, That in any call for troops hereafter nc
county, town, township, ward precinct or election
district shall have credit except for actually fur
nshed on said CALL or the proceeding call, by said
county town, township, ward, precinct, OF election
district, mustered into the military naval service
the quota thereof"
You, in your letter of The 18th OF March, ask my
opin ion the following points:
1st- As to the meaning Of the words ssacual resi-
dence - employed the above section and ths
proper mode, according to law, OF determining the
actual residence OF men Offering as recruits
I'd. Where the 'actual residence" OF the recruit il
in one sub district, and he is enrolled in different
sub-d district, where shall the credit be gwen
Sd. In cases where the recruit has legal domiciI
actual residence in any enrolment sui distr ict
shall hebe credited to the subdstrct district where
ne is enrolled, or Shall he be allowed 10 select his To-
caty
l. The first OF the above questions may be divided
into two parts: First, to the meaning Of the words
'actual residence' and secondly, rs TO the proper
mode of ascertaining the ''actual residence
1t is very difficult 10 give a test by which the ques-
ton of actual residence may be determined in each
particular case. few general rules may be given,
however, by which vast majority OF the cases can
I. Every person must be presumed to have an acs1-
al residence somewhere:
2 man can have but one actual residence at one
and the same time
g. residence once acquired romans until another
is acquired.
4 Tho place Of a mans origin is that Of actual
ldence until hC acquires another.
o. Minors huve their actual residpuco with their pa
rents guardians, or, apprentices, with their
.. Adults 7, side at the places of their dwelling
mans dwelling in contrad stiuction his place of
business trade or occupation. He dwes At the place
he h&ohualiy sleeps or passes his nights.
l. In every country there is or less population
pating like drift. They expect to remain long
ut any place, aud 60 thence whenever and wherever
me- Sne nope o employment may invite 9r fancy dictate
such persons have their actual residence IN The com
enrolment
AS to the mode Of uscertaning the actual residence
OF recruit, the statue gives authority Pro.
MAT Cen 70 make such rules and give such instruc
tons as VIII enable the Boards OF Enrolment and
Musterng officers 10 ascertain the facts HnG as9gn the
credit according to the truth OF case. In
seS, the aAdavlt Of tho enrolled would determine
we matter But AS 1t is question in which the sub
lOls nave an interest AS well as the recruit, aud
as recruits may, for bountes bribes, declare con
trary TO the TACT, their places Of residence the rules
70 DC prescribed should admit OF counter proof
IL Ay opluion is, that whore the aotua! Residence
10 m one sub-district, and the man enrolled a
dlerent sub-distriCt the credit should be given 10
the district Of his actual residence.
Inc whole object and purpose of this section Is 10 hx
RUE oy which places are TO receive oreds Tor en-
rolled men, IL gives rule OF credits % tbs state ANA
70 the ward, township, precinct, or Othor onroilment
suO district, Tor enrolled men Ouiy. It is silent
ow or where recruits not enrolled, liable to enroll
ncnt, are TO be credited. In order that the credit
aay DO mae according the rule in this seotiOu pre-
crbrd, the man must not only have an actual Fvsi.
ience, but he must be enrolled Tue worus tho sec
iUn, "AnG whore such persons or shall be Oh
oiled, relate 10 the tact Of the enrolment rather
han the place Of enrolment Those words intro
uced 10 announce the fact OF the enrolment and not
o aueet Or control the questions thC place ot
reuit 1hs Is manifest from the COutext, and 0Sps-
ialy from words IA parenthrss, just following thuse
OoEe quoted, 10 wit: en- iiablv 10 cutOumcnL''l
III, N0thlhg else appearing, II must be IA ca Tor
LHhteu 'hat The actual residence is the place u cH-
ana the credit given accordingly. II, howeV-
~ hhouiu DO made 10 appear that, though enrolled
particular sub district, the person has no actual
VsluehCei then this statute furnishes rule by which
ny credit can be given. In such case, the credit must
. given under the law, according 10 the ruio IA
'rce before and Independently OF thus Act.
am, SIR, very respectfully, II
Your ubedlent servant,
JAMES SfEED ,
April l+-lt. Attorney General.