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Premises

A Dictionary of Law · William C. Anderson · 1889

A Dictionary of Law

* Something sent or put before: foregoing statements; facts already mentioned; introductory matter. 1. (1) In a bill in equity, the stating part, the narrated facts upon which the complainant expects to recover. (2) In a declaration, the statements, in the early part, out of which the defendant's liability gi-ows: as, in the expressions, "by reason of the premises," "in consideration of the premises."

2.

In a deed, all that precedes the habendum; that is, the date, parties, consideration, grant, description, recitals, exceptions, etc' The premises being the part of a deed in which the thing is granted, the habendum, which serves to limit the certainty of the estate, cannot increase the grant.* 3. A distinct portion of realty; land, or lands; tenements, buildings.'?. In common parlance, land with its appurtenances. In a conveyance, "the thing demised or granted by the deed." 8 In a policy of insurance on a vessel, " insured premises " means the vessel." In a policy upon a habitation, covers the whole property insured — dwellings, out-houses, and appurtenances, which together compose the establishment. ' "^ ' People V. Majone, 91 N. "X". 812 (1883), Earl, J. 'Mc Daniel v. Commonwealth, 77 Va. 284 (1883), Hinton, J. ' Commonwealth v. Drum, 58 Pa. 16 (1868), Agnew, J. * L. prcemissa (sententia), that which is stated beforehand. ' See 8 Bl. Com. 298; 44 Me. 416; 15 Md. 63. • Brown u Manter, 81 N. H. 633 (1869). 'See Bowers v. Pomeroy, 81 Ohio St. 190 (1871); 4 Duer, 191.

8 Zinc Co. V. Franklmite Co., 13 N. J. E. 331 (1861), Green, Ch.; 15 id.

468. "Premises adjacent to" a place where liquor is sold, embraces a public street or alley fronting on the place.' In a lease of a factory, ** premises " does not include a portable machine worked by a belt attached to the factory." The word never describes personalty ' See Contained; Locus, In quo; View.