House

1.

A dwelling-house; a building divided into floors and apartments, with four walls, a roof, doors, and chimneys. But not necessarily precisely this.* Involves the ideas of an edifice or structure, and the abode or residence of human beings. Criminal statutes constantly use "house " as equivalent to " building." A term indicating the particular purpose to which a building is applied may be prefixed ^ as in State-house, court-house, school-house. In " out-house," buildings that are not dwellings, but merely appendages to some dwelling, are included. When a dwelling is meant, "dwelling-house" or " mansion-house " is us'^ally and properly employed.* While "house" is broader than "dwelling-house," it is narrower than "building."' Does not necessarily mean a whole building; is often applied to a separate apartment."* ' May mean " messuage " — land and structure; as in a will, and in statutes exempting property from taxation.^ The law of England has so particular and tender a regard to the immunity of a man's house that it styles it his " castle " and will not suffer it to be violated with impunity. Whence the aphorism, "every man's house is his castle." For this reason, no outside door can, in general, be broken open to execute civU process; though, in criminal causes, the public safety supersedes private. Hence, also, in part, arises the 1 a Bl. Com. 190-91, 517.

See Comer v. Comer, 119 m.

179 (1886). = From hostel, Latin hospes, d stranger who lodged at the house of another; also, the master of a house who entertains travelers or guests. ' Cromwell v. Stephens, 8 Daly, 21 (1867), Daly, F. J.; ib.

200; 54 Barb. 316; 4 Duer, 116; 33 Cal. 557. « Slidell V. Grandjean, 111 V. S. 412 (1884). « Daniel v. Coulsting, 49 E. C. L. *125 (1845), Tindal, C. J.; Surman v. Darley, 14 Me. & W. 185 <1845); 2 Man; & B. 514; 8 Baru. & C. 461; 1 Car. & K. 533. •State V. Powers, 86 Conn. 79 (1869), Parke, J.; 4 Bl. Com. 221,824; 7Biss.

271. ' State V. Garity, 46 N. H. 62 (1865). s Quinn v. People, 71 N. T. 568-74 (1878), cases; Commonwealth V. Bulman, 118 Mass. 466 (1875). 'Rogers v. Smith, 4 Pa. 101 (1846); Mc Millan v. Solomon, 42 Ala. 358 (1868); Coimcil of Richmond v. State, animadversion of the law upon eavesdropping, nuisances, incendiaries; and for this reason a man may assemble people together lawfully, to protect and defend his house.' A man may defend his house even to the taking of life, if apparently necessary to prevent persons from forcibly entering it against his will, and when warned not to enter and to desist from the use of force. But the law doesnot sanction taking life to prevent a mere trespass upon real estate.'' See Domus, Sua, etc. A landlord might not formerly break open a house to make a distress; that would be a breach of the peace. But when he was once in the house, he might break open an inner door.^

See Mansion-house.

Ancient house

Ahoiisewhiohhas stood for twenty years. In England, such house acquires a prescriptive" right to support from the adjoining soil. In the United States, as a rule, each land-owner has a right to the support of his ground in its natural state from the adjoining land, but not for buildings.* See Support, 2.

House-breaking.

Breaking and entering the dwelling-house of another with intent to commit a felony therein, irrespective of the time of day. Compare Burglaky.

Household.

A family; also, pertaining or appropriate to a house or family: as, household furniture, goods, stuff. See FOE-