House

estates, a place for the habitation and dwelling of man. This word has several significations, as it is applied to ditferent thingx 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; 2Saund. 401, note (2).

Ina grant or demise of a house with the appurtenances, no more will pass, althouch other lands have been occupied with the house.. 1 P. Wms. 603; Cro. Jac. 526; 2 Co. 32; Co. Litt. 5 b.; 56 a. b.; 2 Saund. 401, ments, 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.

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 tothe dwelling-house, provided they were within the curtilage, or commen 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.

The term house, in cases 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 authorised by legal process; and this process must be of a criminal nature to authorise the breaking of an outer door; and even with it, it cannot be done uatil 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 acias.

5 Co. 93; Bac. Ab. Sheriff, (N 38).

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. 29a, n. (1); House is used figuratively to signify a collection of persons as the house of representatives; or an institution, as the house of refuge; or acommercial firm, as the house of A B & Co. of New Orleans.