Place

1.

Any locality limited by boundaries, however large or small, as, a countrj', a State, a county, a town, or a portion thereof. The extent of the locality is to be determined by the connection in which the word is used.'' Often denotesspecific place within a city or town at which a person dwells or transacts business; ' The Chapman, 4 Saw. 511 (1864).

8 4 Bl. Com. 71; 5 Wheat. 158, 161-62; 1 Kent, 183; K. S. §5368; 47 Pa. 169, 187. Constitution, Art. I, sec, 8, cl.

10. * United States v. Smith, 5 Wheat. 161-62 (1820); E. S. §§ 5368-82. " Folsom V. Marsh, 2 Story, 106-7 (1841). ' Farmer v. Elstner, 33 F. E. 499 (1888), cases: 37 Alb. Law J. 230, in which the defendant's " Industries of Detroit " was held to infringe (in 11 out of 70 pages of the first chapter) the plaintiff's " History of Detroit and Michigan," &c. ' Law V. Fairfield, 46 Vt. 432 (1874), Eoss, J.; Clapp as, in the expressions, "place of business," "usual place of business," "usual place of abode," etc., found in statutes fixing the venue of transitory actions, referring to ti-ustee process, taxation of partnership property, and in provisions for serving writs, notices, etc' See Abode; Business; Residence; Vicinity. In a revenue act, may mean a locality more limited than the country where goods are bought or manufactured." In internal revenue acts, as applied to the place where a licensee may carry on business, construed with reference to the business, but not as an equivalent for county, town or State.' In a statute forbidding betting in any " house, office, room, or other place," need not be covered with a root; * an umbrella is such place." A canvas tent may be a disorderly house or place.' In a statute forbidding the sale of liquors " in any place " within four hundred feet of a public schoolhouse, held to include a tent, a booth, an excavation in the ground or anything similar thereto.

Public place

It would be difficult to, define what is a "public place" within the meaning of statutes against gaming, affrays, retailing liquor, indecent exposure of person a,nd drunkenness, for notices of sale, etc.; but, generally speaking, it means a place where the public may go uninvited. Not, necessarily, a place devoted exclusively to the uses of the public, but " public " in fact, as distinguished from private; visited by many persons; usually accessible to the neighboring public. * A public highway is not necessarily a public place; it may be abandoned or traverse a forest." A place where the public has a right to go and be; not every place where people maybe congregated.'" For the purpose of setting up notices of sale, a place likely to give information to those interested, and who may probably become bidders. The term is relative; what is a public place for one purpose may not be public for another. "

See Public.

Compare Alibi; Locus; Situs; Venue. ' Palmer v. Kelleher, 111 Mass. 331-23 (1878), Morton, J. " Cliquot's Champagne, 3 Wall. 148 (1865), SWayne, J.; Act 3 March, 1863, § 1. = Salt Company v. Wilkinson, 8 Blatch. 33 (1870). * Eastwood V. Miller, L. R., 9 Q. B. 443 (1874); 10 id. 103; L. E., 3 Ex. 137; 13 L. T. 865. 'Bows V. Tenwick, L. B., 9 C. P. 343 (1874). Killman v. State, 3 Tex. Ap. 323 (1877). ' Commonwealth v. Jones, 142 Mass. 575 (1886). Parker v. State, 26 Tex. 207 (1862). Williams v. State, 64 Ind. 655-57 (1878), cases. ' State V. Welch, 88 Ind.'310 (1882): 52 id. 311. " Cummins v. Little, 16 N. J. E. 53 (1863). See, as to affrays, 22 Ala. 15; 35 id. 392; 29 Ind. 806; Place of contract.

Matters bearing upon the execution, the interpretation, and the validity of, a contract, are determined by the law of the place where the contract is made. Matters connected with ils performance are regulated by the law prevailing at the place of performance. Matters respecting the remedy, such as the bringing of suits, the admission of evidence, the statute of limitations, depend upon the law of the place where suit is brought.' The general rules, and their exceptions, are familiar, but the books are full of conflicting illustrations of their Application. The primary rule is that the validity of a contract is to be determined by the law of the State where it was made. It valid there, it is deemed valid everywhere, and it will sustain an action in a State whose laws do not permit such a contract. It the contract is not in itself immoral, although expressly prohibited in the State where suit is brought, the courts administering the comity of that State will not refuse to enforce the contract. The principal ex- Cjeption is that the law of the place of performance will govern the mode of performance, because it is presumed that the parties had this law in mind when they entered into the contract; but the presumption may be rebutted by an express declaration to the contrary, or by the fact that the obligation is illegal by the local law." Place of delivery. In a contract of sale, if no place of delivery is specified, the articles must, in general, be delivered at the place where they were at the time of sale, unless some other place is required by the nature of the article, the usage of the trade, or the previous course of dealing between the parties, or is to be inferred from the circumstances of the case. If a place is prescribed as a part of the contract, the vendee is not bound to accept, nor is the vendor obliged to make, a tender of the goods elsewhere.'

See Sale. 69, 135; 39 id. 46; 30 id. 19, 634, 632, 650; 31 id. 371; 32 id. 696; 35 id. 390; 37 id. 472; 69 id. 89; 9 Tex. 430; 21 id. 283; 26 id. 145, 204; 48 id. 602; 4 Leigh, 680; 8 id. 741; 6 Gratt. 689; 8 id. 686; 14 id. 679; 22 id. 917; as to exposure of person, 4 Hun, 636; 48 Tex. 346; 3 Car. & K. 860; 2 Cox, C. C. 376; 3 id. 248; L. E., 1 C. C. 282; 1 L. & C. 326; 3 Camp. 89; 1 Den. C. C. 338; as to intoxication. 62 Ind. 311, 481; 74 id.

103; 36 N. H. 59; 26 L. J. M. C. 178; as to sales of liquors, 74 Me. 663; 64 Vt. 155; as to public sales of property 71 Me. 547; 48 Mo. 300; 3 N. H. 179; 40 id.

173; 57 Ind. 556; 53 Vt. 447; 44 Wis. 313. 1 Scudder v. Union Nat. Bank, 91 U. S. 412 (1875), Hunt, J. See also Pritchard v. Norton, 106 id. 129-41 (1882), cases; Von Hoffman v. City of Quincy, 4 Wall. 550 (1866), cases; Oscanyan v. Arms Co., 103 U. S. 377 (1880); Gebhard v. Canada Southern R. Co.. 17 Blatch. 417-18 (1880); Codinan v. Vermont & Canada R. Co., 16 id. 176-76 (1879), cases; Milliken v. Pratt, 125 Mass. 375-S3 (1878), cases. " Brown v. American Finance Co., 31 F. E. 519-20 (1887), cases, Wallace, J. > Hatch V. Standard Oil Co., 100 U. S. 134-35 (1879), cases, Clifford, J.; Ragland v. Wood, 71 Ala. 150 (1881), Place of indiotment.

In general, all offenses must be inquired into and tried in the county -where the fact is committed. Yet, if larceny is committed in one county, and the goods are carried into another, the offender may be tried in either, for the offense icomplete in both.

— But for robbery, burglary, and the like, be can only be indicted "wjiere the fact was actually committed;

— for though the carrying away and the keeping of the goods is a continuance of the original taking, and is therefore larceny in the second county, yet it is not robbery or burglary in that Jurisdiction.' ' The crime of murder is complete where the felonious blow was struck, notwithstanding that the death happenwithin another jurisdiction. ° In the Federal courts, capital offenses are indictable in the jurisdiction where the offense was committed, when that can be done without great inconvenience; offenses committed on the high seas, or elsewhere out of the jurisdiction of a State or district, in the district where the offender is foimd, or into which he is first brought.

An offense begun in one circuit and completed in another is deemed committed in either and may be tried in either.* Suits for taxes, penalties, and forfeitures may be begun in the district where they accrue or in which the offender or delinquent is found.' Seizures, made upon the high seas, where the property is brought; made within any district, in that district, unless. otherwise provided."

See Description, 4; Indictment; Venoe. Place of payment.

When no place of payment is expressed in a bill or note, the rile, in the absence of any agreement or circumstances fixing or indicating a different intention, is that the place of presentment is the place where the acceptor or maker resides, or at their usual place of business.'

See Business; Pbbsent, 2 (1). 3.

To negotiate, or contract, for a thing: as, to place a risk, a mortgage, or other loan; also, to deliver a thing to a person for a purpose. A person who " places " his goods with an agent for a specified purpose does not necessarily authorize him to make a warranty.* Parties to a contract for " placing " mortgages may mean selling or realizing upon them."