Outhouse

Buildings adjoining or belonging to dwelling houses. Buildings subservient to, yet distinct from, the principal mansion house, located either within or without the curtilage. 1 Bish. Crim. Law, § 175; 4 Conn. 46; 4 Gill & J. (Md.) 402; 2 Craw. & D. 479. Any house standing out and apart from houses where people reside, or where business is transacted. 15 Tex. 260. A building appurtenant to some main building. A school house is not an outhouse. 10 Conn. 143.

Buildings adjoining or belonging to dwelling-houses. Buildings subservient to, yet distinct from, the principal mansion-house, located either within or without the curtilage. State v. Brooks, 4 Conn. 446; Jones v. Hungerford, 4 Gill & J. (Md.) 402; 2 Cr. & D. 479. It is not easy to say what comes within and what is excluded from the meaning of outhouse. It has been decided that a schoolroom, separated from the dwelling-house by a narrow passage about a yard wide, the roof of which was partly upheld by that of the dwelling-house (the two buildings, together with some other, and the court which inclosed them, being rented by the same person), was properly described as an outhouse; Russ. & R. Cr. Cas. 295. See, for other cases, Co. 3d Inst. 67; 1 Leach 49; 2 East Pl. Cr. 1020; 5 C. & P. 555; 8 B. & C. 461; 1 Mood. Cr. Cas. 323, 330; State v. Brooks, 4 Conn. 446; Swallow v. State, 20 Ala. 30; White v. Com., 87 Ky. 454, 9 S. W. 303; Price v. Com. (Ky.) 25 S. W. 1062.

A small house or building belonging to a messuage or dwelling-house, and usually standing separate, and at a small distance from it

See House, 1., OUTLAW; OUTLAWRY.* 1. Outlawry is putting a man out of the protection of the law, so that he is incapable of bringing an action to redress an injury, and forfeits his goods and chattels to the king. If, after outlawry, the defendant appears publicly, he may be arrested on a writ of capias utiagatum [that you take or seize the outlaw] and be committed. till he appears in court, in person or by attorney. Being merely to compel appearance, any cause, however slight, will reverse the judgment. The punishment tmder an indictment for a misdemeanor is the same as under a civil action,— forfeiture of goods. But an outlawry in treason or felony amounts to a conviction and attainder. Anciently, an outlawed felon was said to have a cajiut lupinum, — he might be knocked on the head like a wolf by any one, because, having renounced all law, he was to be dealt with as in a state of nature; yet now, no man may kill -him, except in endeavoring to arrest him. And any person may arrest him, under criminal prosecution, either of his own head or by warrant. If any point be omitted or misconducted, the whole proceeding is illegal, and, after reversal upon a writ of error, the accused may defend himself against the indictment. An outlaw eould represent another person under protection of the law.* 1 Ewing V. Bumet, 11 Pet. 52 (1837); Bath v. Valdez, 70 Cal. 357 (1886). 2 Campbell v. Talbot, 132 Mass. 177 (1882). s [Macy v. Whaling Ins. Co., 9 Mete. 364-65 (1845). • Mid. Eng. outlawe: Icel. utldgi, out of (beyond) the 3. Referring to a claim, as, a debt due on a promissory note, "outlawed" means barred by the statute of limitations, i

A building adjoining or belonging to a dwelling-house; a building subservient to, yet distinct from, the principal mansion-house, located either within or without the curtilage. Bouvier. Any house necessary for the purposes of life, in which the owner does not make his constant or principal residence, is an outhouse. State V. O'Brien, 2 Root, 616. A barn not connected with the mansionhouse, but standing alone several rods distant therefrom, is an out-house. State v. Brooks, 4 Conn. 446. By the phrase, out-house where people resort, in the act to suppress gaming, is meant any house standing out and apart from houses used as dwellings or business houses. Wheelock v. State, 15 Tex. 260. An " out-house where people resort," to be within the purview of the statute against gaming, must be one to which people have resorted on more than one occasion, or one where more persons than those actually engaged in gaming are assembled on the particular occasion when the offence is charged to have been committed. State v. Norton, 19 Tex. 102. An open shed in a farm-yard, composed of upright posts supporting pieces of wood laid across them, and covered with straw as a roof, is an out-house, witliin 7 & 8 Geo. IV. ch. 30, § 2. Rex v. Stallion, 1 Moody, 398. A building separated from the house by a passage, used as a school-room, but within the curtilage, is an out-house, within 9 Geo. I. ch. 22, § 1, although not of the ordinary description of out-houses. Rex v. Winter, Russ. ^ B. 295. An open building in a field at a distance from and out of sight of the owner's house, though boarded round and covered in, is not an out-house, within 7 & 8 Geo. IV. ch. 30, § 2. Rex 0. Ellison, 1 Mood;/, 336. A cart-hovel, consisting of a stubble roof supported by uprights, in a field at a distance from other buildings, is not an outhouse, within 7 & 8 Geo. IV. ch. 30, § 2. Rex V. Parrott, 6 Car. ^ P. 402. A was indicted for setting fire to an outhouse. The building set on fire was a thatched pigsty, situate in a yard in the possession of the prosecutor, into whicli yard the back-door of his house opened, and which yard was bounded by fences and by other buildings of the prosecutor, and by a cottage and barn which were let to him by a tenant, but which did not open into this yard. It was held that this pigsty was an out-house, within 7 Wm. IV. & 1 Vict. ch. 89, § 3. Reg.;;. Jones, 1 Car. ^ K. 303; 2 Moody, 308. Setting fire to paper only, in a dryingloft belonging to a paper-mill, no part of which was burned, is not setting fire to an A first count charged the firing of a certain building, used by 0 for carrying on his trade as a builder; and other counts laid the arson as of a stable, an out-house, and a stack of haulm. It was proved that some haulm had been carted from a field and stacked in a building originally intended for a stable, but afterwards divided into three parts of a wall, which reached only to the eaves. One part was used as a stable, and the part fired contained the haulm and a lot of tiles of the prosecutor, who was a builder. The fire had been kindled on the haulm. It was held that the building was improperly described as an out-house, a shed, or a stable. Reg. v. Munson, 2 Cox Cr., Cos. 186. A building had been built for an oven to bake bricks, but afterwards was roofed and a door put to it. In this place the prosecutor kept a cow; adjoining to it, but not under the same roof, was a lean-to, in which another person kept a horse. Neither the prosecutor nor the person of whom he rented this building had any house or farm-yard near it, nor did any wall connect it with any dwelling-house; the nearest dwelling being one hundred yards off, and not belonging to either the-prosecutor or his landlord. It was held that the building was neither a stable nor an out-house, and that, if a person set it on fire (the lean-to not being burned), he was not indicts able for arson. Rex v. Haughton, 5 Car. Sr P. 555.