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 ?
Moreover, because of the need to have complicated administrative rules to prevent overconsumption as a result of the lack of a shopping incentive, private tenants on housing benefit often do not know how much rent they can afford.
Between March and September last year, [pounds sterling]275,000 worth of housing benefit overpayments were written off in Teesside.
ecipients However, those 1.1 million recipients accounted for 17 per cent of eligible people who did not claim housing benefits.
Almost half (48%) of branches called said they had no suitable homes or landlords willing to let to someone on housing benefit, the report said.
The cap is implemented by paying out less in either Housing Benefit or Universal Credit.
The annual total reduction in Housing Benefit for Birmingham comes to PS9,345,908.
Housing benefit is cut by 14% of the property's assessed rent if they have one room deemed to be a spare bedroom and 25% if they have two.
Mr Benyon said: "The vast majority of housing benefit claimants are not known to landlords.
Of Wales' 22 local authorities, 19 supplied details of their top housing benefit recipients - though some redacted some or all of the detail of the individuals or organisations being paid the money.
The number of private tenants claiming housing benefit has doubled in 10 years and the cost to the taxpayer of each tenant has doubled over the same period as rents have been pushed up.
And would my daughter, who's shortly to become unemployed, be able to claim housing benefit? A.
A HOUSE of Commons select committee has called on David Cameron's Government to scrap the "bedroom tax" changes to housing benefit. The Scottish Affairs Committee said that while ministers considered whether to repeal the measure, the Government should suspend the penalty for claimants who cannot reasonably be offered alternative accommodation.

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