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.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
She said: 'I'm going to have a massive house-warming party.
Raigarh (Maharashtra) [India], June 23 ( ANI ): Miffed over being humiliated for her dark complexion, a woman in Maharashtra's Raigad district poisoned food at her relative's house-warming function, killing five people.
Get out more to meet people and don't wait until your house looks like a showhome to throw a modest house-warming party.
Charlotte Church has started to move into her new home - and warned neighbours that she has planning a massive house-warming party.
The renowned gambler is believed to have offered a cash incentive to builders to finish the work as soon as possible so he can move in within months and host the ultimate house-warming.
His state of mind took a turn for the worse, the inquest heard, when he became drunk at a friend's house-warming party and was asked to leave.
``Completion is expected in time for summer 2003, meaning the owners can start planning their house-warming parties now.''
``Completion is expected by summer 2003, meaning the owners can start planning their house-warming parties now.''
In January, Hough and Capt Phillips hosted a house-warming party for friends at a PNDS 280,000 property in Wellington, Florida.
Earlier this month, Susan welcomed family and friends to a house-warming bash at her new pounds 300,000 home in Blackburn.
Dopey Daniel, 20, even wandered about the house-warming bash, babbling to other party-goers: "I love weed."
In another separate incident, a coroner warned of the dangers of binge drinking after a gifted schoolgirl drank herself to death at a posh house-warming party.