House

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HOUSE, estates. A place for the habitation and dwelling of man. This word has several significations, as it is applied to different things. In a grant or demise of a house, the curtilage and garden will pass, even without the words "with the appurtenances," being added. Cro. Eliz. 89; S. C.; 3 Leon. 214; 1 Plowd. 171; 2 Saund. 401 note 2; 4 Penn. St. R; 93.
     2. In a grant or demise of a house with the appurtenances, no more, will pass, although other lands have been occupied with the house. 1 P. Wms. 603; Cro. Jac. 526; 2 Co. 32; Co. Litt. 5 d.; Id. 36 a. b.; 2 Saund. 401, note 2.
     3. If a house, originally entire, be divided into several apartments, with an outer door to each apartment and no communication with each other subsists, in such case the several apartments are considered as distinct houses. 6 Mod. 214; Woodf. Land. & Ten. 178.
     4. In cases of burglary, the mansion or dwelling-house in which the burglary might be committed, at common law includes the outhouses, though not under the same roof or adjoining to the dwelling-house provided they were within the curtilage, or common fence, as the dwelling or mansion house. 3 Inst. 64; 1 Hale, 558; 4 Bl. Com. 225; 2 East, P. C. 493; 1 Hayw. N. C. Rep. 102, 142; 2 Russ. on Cr. 14.
     5. The term house, in case of arson, includes not only the dwelling but all the outhouses, as in the case of burglary. It is a maxim in law that every man's house is his castle, and there he is entitled to perfect security; this asylum cannot therefore be legally invaded, unless by an officer duly authorized by legal process; and this process must be of a criminal nature to authorize the breaking of an outer door; and even with it, this cannot be done, until after demand of admittance and refusal. 5 Co. 93; 4 Leon. 41; T. Jones, 234. The house may be also broken for the purpose of executing a writ of habere facias. 5 Co. 93; Bac. Ab. Sheriff, N 3.
     6. The house protects the owner from the service of all civil process in the first instance, but not if he is once lawfully arrested and he takes refuge in his own house; in that case, the officer may pursue him and break open any door for the purpose. Foster, 320; 1 Rolle, R. 138; Cro. Jac. 555; Bac. Ab. ubi sup. In the civil law the rule was nemo de domo sua extrahi debet. Dig. 50, 17, 103. Vide, generally, 14 Vin. Ab. 315; Yelv. 29 a, n. 1; 4 Rawle, R. 342; Arch. Cr. Pl. 251; and Burglary.
     7. House is used figuratively to signify a collection of persons, as the house of representatives; or an institution, as the house of refuge; or a commercial firm, as the house of A B & Co. of New Orleans; or a family, as, the house of Lancaster, the house of York.

References in periodicals archive ?
BRIG O' TURK Erection of two extensions to dwellinghouse and biomas boiler house, Achray Farm, for Ms Nicola Hornsby.
The extension projects 5.25m beyond the rear wall of the original dwellinghouse. The maximum height of the extension is 2.4m, the height of the eaves of the extension is 2.4m, 47, George Street, Lindley.
A man living a hermit-like existence in a one-room woodland shelter in a Cotswold valley was told yesterday by a High Court judge his home was not a "dwellinghouse" in law.
ABERDEEN This Grade C listed dwellinghouse is in a tree conservation area of Ferryhill and is within walking distance of the city centre.
He has represented the county on the union's Grand Council, the British Wool Marketing Board, the Land Use and Parliamentary Committee, the Meat and Livestock Commission Liaison Committee and the Agricultural Dwellinghouse Committee.
And even if a dwellinghouse began its existence as simply that, a generation later conversion could well be taking place.
contact: Blackadders on 01224 452750 PS445,000 4 DEESIDE view, AberDeen FORMING part of an exclusive development in a prime location within easy reach of the city centre, this fourbedroom executive detached dwellinghouse comes with a double garage and immaculate accommodation throughout.
Change of use of doctor surgery to day centre at 16 Quarry Street, Johnstone ?Erection of a raised terrace and formation of two patio doors to the rear of the dwellinghouse, including, internal alterations and stone wall repair and erection of gates to the front at Makerston House, 19 Park Road, Paisley ?Erection of single-storey extension and decking to the rear of Glenview, Caplaw Road, Neilston ?
Demolition of existing barn and stable outbuilding, and erection of a two-storey extension to the rear elavtion of the host dwellinghouse in its stead.
The extension projects 6m beyond the rear wall of the original dwellinghouse. The maximum height of the extension is 4m, the height of the eaves of the extension is 3m, 6, South View Terrace, Ravensthorpe, Dewsbury.
To erect detached dwellinghouse. The applications can be viewed at www.liverpool.gov.uk/Environment/Planning Any comments you want to make must be received by 04 June 2015 and can be made online or in writing to the Divisional Manager Planning, Municipal Buildings, Dale Street, Liverpool, L2 2DH.
REF: M/FP/0742/13/P Address: 29 Finsbury Street, Middlesbrough Proposal: Change of use from dwellinghouse to two self contained flats with external staircase at rear.