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.