Curtilage

The inclosed space immediately surrounding a dwelling house, contained within the same inclosure. It is defined by Blount as a yard, backside, or piece of ground near a dwelling house, in which they sow beans, etc., yet distinct from the garden. Blount; Spelman. By others it is said to be a waste piece of ground so situated. Cowell. It has recently been defined as "a fence or inclosure of a small piece of land around a dwelling house, usually including the buildings occupied in connection with the dwelling house, the inclosure consisting either of a separate fence, or partly of a fence and partly of the exterior of buildings so within this inclosure." 10 Cush. (Mass.) 480. The term is used in determining whether the offense of breaking into a barn or warehouse is burglary. See 4 Bl. Comm. 224; 1 Hale, P. C. 558; 2 Russ. Crimes, 13; 1 Russ. Crimes, 790; Russ. & R. 289; 1 Car. & K. 84; 10 Cush. (Mass.) 480. In Michigan the meaning of curtilage has been extended to include more than an inclosure near the house. 2 Mich. 250.

The enclosed space immediately surrounding a dwelling-house, contained within the same enclosure. It is defined by Blount as a yard, backside, or piece of ground near a dwelling-house, in 'which they sow beans, etc., yet distinct from the garden. of a small piece of land around a dwelling-house, usually including the buildings occupied in connection with the dwelling-house, the enclosure consisting either of a separate fence or partly of a fence and partly of the exterior of buildings so within this enclosure." Com. v. Barney, 10 Cush. (.'■' 480. It usually Includes the yard, garden, or field which is near to and used i: Ith the dwelling. Cook v. State, 83 Ala. C2, 3 South. 849, 3 Am. St. Rep. 688. See Ivey v. State, CI A!;i The term is used in determining whether the offence of breaking into a barn or v. burglary. See 4 Bla. Com. 224; 1 Hale PI. Cr. 558; 2 Russell, Cr. 13; Russ. & R. 289; 1 C. & K. 84. In Michigan the meaning of curtilage ha 1 to include more than an enclosure near the house. People v. Taylor, 2 Mich. 230. See Coddington v. Dry Dock & Wet Dock Co., 31 N. J. U 4S5; State v. Shaw, 31 Me. 523.

The land enclosed about a dwelling-house.

1. Originally, the land with the castle and out-houses, inclosed often with high walls, where the old barons sometimes held court in the open air. Whence court-yard, i 3. The court-yard in the front or rear of a house, or at its side; any piece of ground lying near, inclosed, used with, and necessary for the convenient occupation of the house. 2 A fence or inclosure of a small piece of land around a dwelling-house, usually including the buildings occupied in connection with the dwelling-house, the inclosure consisting either of a separate fence or partly of a fence and partly of the exterior of buildings so within this inclosure. ^ If a bam, stable, or warehouse be parcel of the mansion-house, and within the same common fence, though not under the same roof nor contiguous, a burglary may be committed therein; for the capital house protects and privileges all its branches and appurtenances, if within the same curtilage or homestall.' It is perhaps unfortunate that this term, which is found in English statutes, and which is descriptive of the common arrangement of dwellings, and the yards surrounding them, in England, should have been perpetuated in our statutes. It is not strictly applicable to the common disposition of inclosures and buildings constituting the homestead of the inhabitants of this country. In England dwellings and out-houses of all kinds are usually surrounded by a fence or stonewall, inclosing a small piece of land embracing 'the yards and out-buildings near the house constituting what is called the court. Such precautionary arrangements have not been necessary in this coimtry.* Nothing is implied as to the size of the parcel of land.^ In Michigan, includes more than an inclosure near the house.* In § 4347, code of Alabama, defining arson in the second degree, includes the yard or space near a dwelling-house, within the same inclosure, and used in connection with it by the household; as, a ham which opens into such yard, in part separating it from another inclosure.' Under a mechanics' lien law, a jury may determine the necessary curtilage to which a lien extends.* 1 Coddington v. Dry Dock Co., 31 N. J. L. 485 (1863). " [People V. Gedney, 10 Hun, 154 (1877): Bac. Abr. 8 Commonwealth v. Barney, 10 Cush. 481, 483 (1852), Dewey, J. Approved, 140 Mass. 289. < 4 Bl. Com. 225; 1 Hale, P. C. 568; 61 Ala. 58; 31 Me. 523. » People V. Taylor, 2 Mich. 251 (1851). "Edwards v. Derrickson, 28 N. J. L. 45 (1859); Same V. Same, 29 id. 474 (1861).

y>. The enclosed land about a dwelling.

Fr. and Eng. [L. Lat. eurtilagium; from curtis, a dwelling, or curtillum, the enclosed area around it, and agere, to do; as being the place where the business of the house is done: or from curtis, or curtillum, solely: or from Fr. cour, court, and Sax. leagh, place.] A yard, court-yard, or piece of ground lying near to a dwelling-house, and included within the same fence. This ancient sense of the word is still retained. Spelman, voc. Curiilagium. Lib. Rames, § 271, cited ibid. Shep. Touch. 94. 1 Cra Ws Heal Prop. 76. In its most comprehensive and proper legal signification, it includes all that space of ground and buildings thereon, which is usually enclosed within the general fence immediately surrounding a principal messuage and outhuildings, ana yard closely adjoining to a dwelling-house; hut it may be large enough for cattle to be levant and couchant therem. 1 Chiti. Gen. Pract. 175, A garden, {hortus oliiorius.) Lindetoode Prov, tit. De aecimis, c. Sancta, § Omnibus. Spelman. TheL Dig. lib. 8, c. 1, IT 6. Shep. Touch. 94. But this is not the modem meaning. 1 Chitt. Gen, Pr, uh. sup.

estates, is the space situated within a common enclosure belonging to a dwellinghouse. Vide 2 Roll. Ab. 1, 1. 30; Com. Dig. Grant, (E 7), (E 9); Russ. & Ry. 360; Ib. 334, 357; Ry. & Mood. 13; 2 Leach, 913; 2 Bos. & Pull. 508; 2 East, P. C.), 494; Russ. & Ry. 170, 289, 225 22 Eng. Com. Law R. 330; 1 Ch. Pr. 175; Shep. Touchs, 94.