The Lancaster gazette. [volume] (Lancaster, Ohio) 1863-1886, 1865-03-30

States, and 10 the ward, township ny6onct or othe
enrolling sub district where such persons belong b,
~ resldenee ~ sneh persons hayean actual resi-
sons were or shall be enrolled, (fliable to enrollmen
and Il Is hereby made the duty bfthe Provost Mar
shal General TO make such rules and give such i'm,
strueons to the several Provost BTafshnls, Board,
OF Enrichment eand Mnsterlng officers, as shall be
necessary for the faithful en0rcenent of the proyis
ohs OF this section, to the ond that fair and lust
credit shall be given to every section o the country
FTOr,tod, That In any call for troops hereafter, nc
county town, township, ward, precinct or election
furnished on said call, the preceding call hy said
county, town, township, ward, precinct OF election
district mustered into the military ornayal service
You, in your letter of the 18th of March, ask my
Eopinion on the following points:
lst. As to the meaning Of the words ''actua resi-
donce,n as employed III the above section and the
proper mode, according to law, of determining the
actual residence olmen otieringas recruits. =.
I'd. Where the . actual residence, Of tho recruit
s in one ub-distric and he is enrolled in aderent
sub-dlstrict, where shall the credit he gwen!
3d. In cases whore the recruit has no legal domi-
ci or actual residence many enrollmcnt subdislrct
shall he be credited to the sub-dstrict, district
where he is enrolled or shall he be allowed to select
his locality?
The first Of the above questions may he divided in
to two parts: FIRST as to the meaning OF the words
"actual residence and secondly, MS the proper
mode Of ascertainng the ''nctual residence"
tits very difficult to give test by which the ques-
ton of actual residence may be determined in such
however by which vast majority of the cases can be
readily determined.
|. Every person must be presumed to have an
actual residence somewhere.
2. A man can have but one actual residence at one
and the same time.
B. A residence once acquired remains until another
is acquired.
L. The place Of mans origin is that of his actual
residence uatil he acquires another.
o. Minors have their actual residence with their
parents, guardians or apprentices, with their mas
tiers.
g. Adults reside at the places of their dwellings,
mans dwelling is in contradstincon to his place o
business, trade or occupation He dwells at the
place he hab:ually sleeps or passes his nights.
| T. In every country there is more or less popua-
tion floating like DRIFT. Theyncver expect to remain
long at any place. and 90 thence whenever or where
everthe hope of. employment may invite, or fancy
dictate. Such persons have their actual resi-
dence in the community in which they may dwell at
the time of the enrolment
As to the mode of ascertanng the actual residence
of recruit, the statute gives authority to the Pro-
Nost Marshal General to make such rules, and give
such Instructions will enable the Boards of Enroll
meht administering officers, to ascertain the facts,
ana assign the credit according to the truth OF the
case In most cases, the affidavit ofthe enrolled
man would determine the matter Butas il rs ques-
non IN which the sub-dstnct have an interest, as
lWeiias the recruit and 0s recruits may, foOounties
or Drbes declare contrary to the fact, their places
OF residence, the rules to be prescribed should adj
NIT ofcounter proof
II. My opinion is, that where the actual residence
~ IN one sub,district, and the man is enrolled in Il
ulnerent sub district, the credit should be given ia
the district Of his actual residence.
Inc whole object and purpose ofths section, Is Ia
hx rule by which places are to receive credits fol
enrolled men.
Itgiyesa rule of credits to the state, and to the
ward, township precinct, or other enrolment sub
district Tor enrolled men only 1t is silent as to how
or where recruits not enrolled, or liable to be en-
rolled, are to be credited. In order that the credit
may be made according to the rule in this sector
prescribed the man must not only havean actual resi-
dence, but he must be enrolled. The words Of the
section and where such persons were or shall be
Icnrolled" relate 10 the fact Of enrolment, rather
than the place Of enrolment. Those words arc in
tr0dnced to announce the fact of enrolment, and moi
to atec,O control the question as tothe place o
credit. This is manifest fom the context, and espe
cally from the words in mrenthesis Just following
those above quoted, to-wt {" If liable to enroll
mentO
III. Nothing else appearing, it must be taken fol
granted that the actual residence is the place of en-
rollmcnt, and the credit given accordingly. IT, how
ever, II should be made to appear that though en-.
rolled IN particular sb-distrct, the person las Nc
actual residence, then this statute furnishes no rule
by which the credit can be given. In such case, the
credit must he given under the law, or according tc
the rule nforce, before and independently of this
Act. am, sir, very respectfully,
your obcdient servant,
JAMES SPEED,
: Attorney General,