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 classic literature ?
At this period, square houses were still everywhere permitted, though discouraged by a special tax.
The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislature.
When the boy who had stunned Jerry with his paddle- blade and who claimed him as his own stole into the canoe house, the ancient did not hear him.
It appeared that this house contained four rooms, besides a basement, and that it might be bought for fifteen hundred dollars, the lot and all.
Hearing him threaten to tear the house down, she looked quietly up from her work.
Yard by yard the School- house have been driven back, contesting every inch of ground.
The little boy returned home happy and pleased, and weeks and days passed away, and nods were made to the old house, and from the old house, and then the little boy went over there again.
They approached his house by a back entrance, lest they should attract the notice of the crowd, and went into an upper room which faced towards the street; the windows, however, in common with those of every other room in the house, were boarded up inside, in order that, out of doors, all might appear quite dark.
George Willard came out of the vacant lot and stood again on the sidewalk facing the houses. He felt that all of the people in the little street must be brothers and sisters to him and he wished he had the courage to call them out of their houses and to shake their hands.
A town built of wood, where scarcely a day passes without conflagrations when the house owners are in residence and a police force is present, cannot help burning when its inhabitants have left it and it is occupied by soldiers who smoke pipes, make campfires of the Senate chairs in the Senate Square, and cook themselves meals twice a day.
It plays house, as well as horse, having an instinct for it.
Passing down the back garden of the house, and crossing a narrow lane at the bottom of it, he opened a gate in a low stone wall beyond, and entered the church- yard.