dwelling

The word 'dwelling' in common parlance means a permanent residence. A person can of course take up permanent residence even in a motel or hotel. But those who come for a night or so have not chosen it as a settled abode. Yet the idea of permanency pervades the concept of 'dwelling.

A person has his dwelling where he resides permanently, or from which he has no present intention to remove. See Abode; Domicil; Reside. Dwelling-house. 1. A description of realty, as a dwelling-house, in a deed, may 1 United States v. Casks of Sugar, 8 Pet. 279 (1884); 16 Op. Att-Gen. 369. "Newman v. Arthur, 109 U. S. 137 (1883); Arthur v. Morrison, 96 id. 110 (1877), cases; Worthington v. Abbott, 124 id. 434 (1888). 'Arthur v. Fox, 103 U. S. 128 (1883), Waite, C. J.; R. S. § 2499; Hen-man v. Arthur, 127 id. 363 (1888). * Arnson v. Murphy, 109 U. S. 238 (1883); Snyder v. Marks, ib. 193-4 (1883), cases. 'Beard v. Porter, 124 U. S. 437 (1888), cases. •Porter i>. Beard, 124 U. S. 439 (1888), cases; E. S. pass a house, the buildings belonging to it, its curtilage, garden, orchard, and the close on which it is built, with reasonable limitations according to the circumstances of the case.i See Grant. 2; Curtilage. Includes such buildings and attachments as are for the ordinary purposes of a house." 3. In a statute against pulling down dwelling-houses to alter a highway, doefs not include a billiard saloon. 3 3. In a homestead exemption law, may not embrace a building adapted to purposes of business, as, a saloon, a store, or a public hall.* 4. In the New York statute defining arson, includes any edifice usually occupied by persons lodging therein at night; not, a warehouse, barn, shed, or other out-house, unless part of a dwelling-house.^ See Arson. 5. In the law of burglary, includes whatever is within the curtilage, even if 'not inclosed with the dwelling, if used with it for domestic purposes, — all buildings the forcible brealiing of which for felonious purposes during the hours of rest would naturally cause alarm, distress and danger.* Must be a habitation of man, and usually occupied by some person lodging in it at night. '^ Not such habitation is an underground cellar, used for storing ice and beer, with no internal door communicating with the living-rooms in the upper stories, and not under the control of any occupant of the building.' Whether a building is a dwelling-house depends upon the use made of it.^ See Burglary. Dwelling-place. Some permanent place of abode or residence, with intention to remain there. lO See House; Residence; Police, 3; Utbre, Sic utere, etc.