The West Virginia journal. [volume] (Charleston, W. Va.) 1864-1877, 1865-04-12
OPINION.

OPINION. e.<
ATTORNEY GEsrsAl's OFFICE Ssc,
-, March IL, lSGa'
NV -, .serttuy Of Var; -.
SiT S;.s, Or, 14,t,,ection Of the Act entitled
"a m Act amend tho several Aets
ua.scd 10 provide. for the enrolling nv S;1o. no
ont, of, tho national forces when p''''a'' -
follows: -" .,,,,,v,crcd into
the military or naval service HneMt' s,,.,
un,cers; substitutes, t:represcnlai.es' vi 10 -
erVi,e, shall be- credited 10 the state ana ~
INC. ward, township, precinct, or other S n;.u
mont sub.dislricb where such persour oe.ooS
by sctual residence, (if such; persons nave w
uctual:. residence within tho Ohitea 2,a's:D
and Hhcro such persons were or shall pe.e.r
rolled. NJ liable 10 cnrollmenU and !t;H
hereby luudc the duty Of the Provost MarsnA'
General tomske fuch rifles and give slch IN
.t,uetious.,o tho :.sevcrnl Provost MarshnN'
Roards or Enrolment, aud Mastering oticersI
M sbnll bo necessary for the faithful enforce
meut Of the provisions Of this section, 70 inc
end that fair and Just credit shnll be gwen 10
every section of tho country: Prortdld, 1ha'
In INV call for troops hereafter, no county
Town, township, ward, precinct, or election
district. shall have credit exception men aetu'
ally furnished on said call, or the preceding
cali. by snid county, town, township, waro, pre-
cinct. or election district, mustered lht" TIC
military or naval scryice on the quot" thcfe'
Of" 49,.
You, in your letter of the 18th Of March,
ask my opinion OH the following points:
F;rst. as to the meaning Of the words" act
uni residence" rs employed in the above Sec
ton, md the proper mode, acs"rdlnC to Jaw:
OF determining The actual residence OF men
Offering rs recruits.
Second. Where the 'saclunl residence" OF the
recruit il in one sub.district, and be Is en-.
rolled i'll different sub.disirict, where shaii
the credit be given? "
Third IL. cases where tho recruit has no
legal domicil or actual residence i'll any en-
rollmcnt sub.district, shall he be credited I"
the sub. distric, or district where he il en-
rolled. or shall lie he allowed to select his To-
cality? e......,-f. 49,.
1.-The frs, Of the above questions may be
divided into TWO parts: First, as TO the mean.
ing Of the words "actual residence; and
secondly, rs to the proper mode Of ascertain
inr the "nciual residence
1t Is very difficult to give a test by whicl'
the question Of actual residence mny nc de.
tcrminc,l in each particular case. y few gen.
crnl rules mny he given, however, by which
vast majority Of the cases can he readily de-
termineJ.
|. Every person must be presumed to hare
nm actual residence somewhere.
Q. 4 man can have but ono actual residence
nj one and the same time.
3. A. residence cncc acquired remains until
another is acquired.
4. The place Of man origin is that Of lis
actual residence until he acquires another.
5. Minors bavc:their:nctual residence with
their parents; guardians, or,-if apprentices,
with their masters. 80. e..
9. Adults reside at tho place Of their dwell
ing. 4 mans dwelling is in contrndistinc-
ton TO his place Of business, trade or occupn.
ton. lie awclls at the place he jhabitunlly
sleeps or passes his nights. 50,
Il. In every country there Is moro or less
population floating like drift. They never
expect to remain long At my place, and 60
thence whenever ind wherever the hope OF
employment inny invite, or fancy dictate
Such persons have their actual residence in
the community in which they may dwell at
tie time OF Tho enrolment -,
AS 10 tho mode Of ascertaining the actual
residence Of o recruit, tho stntute gives au-
thority: to- the Provost Marshal General to
make such rules and give such instructions
% will enable the Boards Of Enrolment and
Mastering Officers to ascertain tho facts, and
assign the credit according to the truth of the
case Utmost cases, Tho affidavit Of the Gu.
rolled mau. would determine the matter. But
~ it is a;question: in which tho ub-districts
have m interest as we'll as the recruits, md
as recruits may, for bounties or brides, declare
contrary 10. the fact their places Of residence,
the rules;to be, prescribed should admit Of
counter proof. o.. - -. 49,, -. p. .
I.~..My opinion Is, that where the actual
residence 10 In ono sub-district, and tho man
Is enrolled in - different. b.district, the
credit should DO given to tho district Of his
actual residence. c.....::h ,,- .-...,, .... -
The whole object and purpose Of this sec
ton Is TO ,fIi a rule by which places arc TO re-
ceiye credits fol, enrolled men. h gives rule
Of credits 70 tho State, and 10 the ward, town.
ship, precinct or other enrolment sub district,
for enrolled men only. It Il, silent as to how
OF: where .recruita> not enrolled, or liable to
DO enrolled, Are to be credited. In order that
thecfedit may be made aecording,to the rule
in;this.seetion, prescribed, the man must not
only have an actual residence, but he must be
enrolled The. words. of the section, sand
whore such persons we're or shall be enrolled"
relate TO the fact, Of enrolment rather than
the place Of enrolment. Those words are in
trodneed TO announce the fact Of enrolment,
and mot TO Affect or control the question As to
the place Of credit. This is manifest from the
context and especially from the words 10 pa.
renthesis, just following those above quoted,
% Wit: .1ifliable to enrollment")
{ III Nothing else;appoaring,it must be to
ken for granted that the actual residence is
the place, Of enrolment and the credit given
accordingly. II, however, It should be. made
70 appear that though enrolled In q particu-
lar aub.distriet, the person has no actual res.
idence, then this statute furnishes no rule By
which The credit can be niYen., In anceh "a ~