place

A beach area may be a 'place' in the sense of §1700(a)(1). A payment made by patrons as the condition of admittance to a specific area with definite physical limits constitutes a fee 'paid for admission' to a 'place' as those terms are used in §1700(a)(1).

See "Venue."

The word is associated with objects which are, in their nature, fixed and territorial. U. S. v. Bevans, 3 Wheat. (U. S.) 336, 4 L. Ed. 404. See Venue. It is applied to any locality, limited by boundaries however large or however small.. It may be used to designate a country, state, county, town, or a very small portion of a town. The extent of the locality designated by it must, generally, be determined by the connection in which it Is used; Daw v. Fairfield, 46 Vt. 432. Any piece of ground appropriated * by its owner or occupier for the time being is a place within the English betting houses act; 51 L. J. M. C. 56; but the ground must be so appropriated and must be an ascertained place; 14 Q. B. 1). 588. The habitual standing or using a table in llyde Park does not make it a place for betting; 19 G. B. N. S. 765; as habitual user is not of the essence of place; 10 Q. B. 102; but a 4>iece of ground bounded on one side by a boarding and on two other sides by stays which support the boarding is a place under 16 & 17 Vic. c. 119, relating to betting; [1896] 1 Q. B. 295. See [1897] 1 Q. B. 579. A private residence may become a public place when it is used for the purpose of public amusement, recreation, busiuess, or religious Worship; White v. State, 39 Tex. Cr. R. 269, 45 S. W. 702, 46 S. W. 825.

This word is a very indefinite term. It is applied to any locality, limited by boundaries, however large or however small. It may be used to designate a country, state, connty, town or a very small portion of a town. The extent of the locality designated by it must generally be determined by the connection in which it is used. Law v. Fairfield, 46 Vt. 432.
—Place of contract. The place (country or state) in which a contract is made, and whose law must determine questions affecting the execution, validity, and construction or the contract. Scudder v. Union Nat. Bank, 91 U. S. 412, 23 L. Ed. 245.
—Place of delivery. The place where delivery is to be made of goods sold. If no place is specified in the contract, the articles sold must, in general, be delivered at the place where they are at the time of the sale. Hatch v. Standard Oil Co., i00 U. S. 134, 25 L. Ed. 554,
—Place where. A phrase used in the older reports, being a literal translation of locus in quo, (q. vt)

Pleas; any locality limited by boundaries, whether large or smalli Place where: v. Locus in quo.

1. Any locality limited by boundaries, however large or small, as, a countrj', a State, a county, a town, or a portion thereof. The extent of the locality is to be determined by the connection in which the word is used.'' Often denotesspecific place within a city or town at which a person dwells or transacts business; ' The Chapman, 4 Saw. 511 (1864). 8 4 Bl. Com. 71; 5 Wheat. 158, 161-62; 1 Kent, 183; K. S. §5368; 47 Pa. 169, 187. Constitution, Art. I, sec, 8, cl. 10. * United States v. Smith, 5 Wheat. 161-62 (1820); E. S. §§ 5368-82. " Folsom V. Marsh, 2 Story, 106-7 (1841). ' Farmer v. Elstner, 33 F. E. 499 (1888), cases: 37 Alb. Law J. 230, in which the defendant's " Industries of Detroit " was held to infringe (in 11 out of 70 pages of the first chapter) the plaintiff's " History of Detroit and Michigan," &c. ' Law V. Fairfield, 46 Vt. 432 (1874), Eoss, J.; Clapp as, in the expressions, "place of business," "usual place of business," "usual place of abode," etc., found in statutes fixing the venue of transitory actions, referring to ti-ustee process, taxation of partnership property, and in provisions for serving writs, notices, etc' See Abode; Business; Residence; Vicinity. In a revenue act, may mean a locality more limited than the country where goods are bought or manufactured." In internal revenue acts, as applied to the place where a licensee may carry on business, construed with reference to the business, but not as an equivalent for county, town or State.' In a statute forbidding betting in any " house, office, room, or other place," need not be covered with a root; * an umbrella is such place." A canvas tent may be a disorderly house or place.' In a statute forbidding the sale of liquors " in any place " within four hundred feet of a public schoolhouse, held to include a tent, a booth, an excavation in the ground or anything similar thereto. Public place. It would be difficult to, define what is a "public place" within the meaning of statutes against gaming, affrays, retailing liquor, indecent exposure of person a,nd drunkenness, for notices of sale, etc.; but, generally speaking, it means a place where the public may go uninvited. Not, necessarily, a place devoted exclusively to the uses of the public, but " public " in fact, as distinguished from private; visited by many persons; usually accessible to the neighboring public. * A public highway is not necessarily a public place; it may be abandoned or traverse a forest." A place where the public has a right to go and be; not every place where people maybe congregated.'" For the purpose of setting up notices of sale, a place likely to give information to those interested, and who may probably become bidders. The term is relative; what is a public place for one purpose may not be public for another. " See Public. Compare Alibi; Locus; Situs; Venue. ' Palmer v. Kelleher, 111 Mass. 331-23 (1878), Morton, J. " Cliquot's Champagne, 3 Wall. 148 (1865), SWayne, J.; Act 3 March, 1863, § 1. = Salt Company v. Wilkinson, 8 Blatch. 33 (1870). * Eastwood V. Miller, L. R., 9 Q. B. 443 (1874); 10 id. 103; L. E., 3 Ex. 137; 13 L. T. 865. 'Bows V. Tenwick, L. B., 9 C. P. 343 (1874). Killman v. State, 3 Tex. Ap. 323 (1877). ' Commonwealth v. Jones, 142 Mass. 575 (1886). Parker v. State, 26 Tex. 207 (1862). Williams v. State, 64 Ind. 655-57 (1878), cases. ' State V. Welch, 88 Ind.'310 (1882): 52 id. 311. " Cummins v. Little, 16 N. J. E. 53 (1863). See, as to affrays, 22 Ala. 15; 35 id. 392; 29 Ind. 806; Place of contract. Matters bearing upon the execution, the interpretation, and the validity of, a contract, are determined by the law of the place where the contract is made. Matters connected with ils performance are regulated by the law prevailing at the place of performance. Matters respecting the remedy, such as the bringing of suits, the admission of evidence, the statute of limitations, depend upon the law of the place where suit is brought.' The general rules, and their exceptions, are familiar, but the books are full of conflicting illustrations of their Application. The primary rule is that the validity of a contract is to be determined by the law of the State where it was made. It valid there, it is deemed valid everywhere, and it will sustain an action in a State whose laws do not permit such a contract. It the contract is not in itself immoral, although expressly prohibited in the State where suit is brought, the courts administering the comity of that State will not refuse to enforce the contract. The principal ex- Cjeption is that the law of the place of performance will govern the mode of performance, because it is presumed that the parties had this law in mind when they entered into the contract; but the presumption may be rebutted by an express declaration to the contrary, or by the fact that the obligation is illegal by the local law." Place of delivery. In a contract of sale, if no place of delivery is specified, the articles must, in general, be delivered at the place where they were at the time of sale, unless some other place is required by the nature of the article, the usage of the trade, or the previous course of dealing between the parties, or is to be inferred from the circumstances of the case. If a place is prescribed as a part of the contract, the vendee is not bound to accept, nor is the vendor obliged to make, a tender of the goods elsewhere.' See Sale. 69, 135; 39 id. 46; 30 id. 19, 634, 632, 650; 31 id. 371; 32 id. 696; 35 id. 390; 37 id. 472; 69 id. 89; 9 Tex. 430; 21 id. 283; 26 id. 145, 204; 48 id. 602; 4 Leigh, 680; 8 id. 741; 6 Gratt. 689; 8 id. 686; 14 id. 679; 22 id. 917; as to exposure of person, 4 Hun, 636; 48 Tex. 346; 3 Car. & K. 860; 2 Cox, C. C. 376; 3 id. 248; L. E., 1 C. C. 282; 1 L. & C. 326; 3 Camp. 89; 1 Den. C. C. 338; as to intoxication. 62 Ind. 311, 481; 74 id. 103; 36 N. H. 59; 26 L. J. M. C. 178; as to sales of liquors, 74 Me. 663; 64 Vt. 155; as to public sales of property 71 Me. 547; 48 Mo. 300; 3 N. H. 179; 40 id. 173; 57 Ind. 556; 53 Vt. 447; 44 Wis. 313. 1 Scudder v. Union Nat. Bank, 91 U. S. 412 (1875), Hunt, J. See also Pritchard v. Norton, 106 id. 129-41 (1882), cases; Von Hoffman v. City of Quincy, 4 Wall. 550 (1866), cases; Oscanyan v. Arms Co., 103 U. S. 377 (1880); Gebhard v. Canada Southern R. Co.. 17 Blatch. 417-18 (1880); Codinan v. Vermont & Canada R. Co., 16 id. 176-76 (1879), cases; Milliken v. Pratt, 125 Mass. 375-S3 (1878), cases. " Brown v. American Finance Co., 31 F. E. 519-20 (1887), cases, Wallace, J. > Hatch V. Standard Oil Co., 100 U. S. 134-35 (1879), cases, Clifford, J.; Ragland v. Wood, 71 Ala. 150 (1881), Place of indiotment. In general, all offenses must be inquired into and tried in the county -where the fact is committed. Yet, if larceny is committed in one county, and the goods are carried into another, the offender may be tried in either, for the offense icomplete in both. But for robbery, burglary, and the like, be can only be indicted "wjiere the fact was actually committed; for though the carrying away and the keeping of the goods is a continuance of the original taking, and is therefore larceny in the second county, yet it is not robbery or burglary in that Jurisdiction.' ' The crime of murder is complete where the felonious blow was struck, notwithstanding that the death happenwithin another jurisdiction. ° In the Federal courts, capital offenses are indictable in the jurisdiction where the offense was committed, when that can be done without great inconvenience; offenses committed on the high seas, or elsewhere out of the jurisdiction of a State or district, in the district where the offender is foimd, or into which he is first brought. An offense begun in one circuit and completed in another is deemed committed in either and may be tried in either.* Suits for taxes, penalties, and forfeitures may be begun in the district where they accrue or in which the offender or delinquent is found.' Seizures, made upon the high seas, where the property is brought; made within any district, in that district, unless. otherwise provided." See Description, 4; Indictment; Venoe. Place of payment. When no place of payment is expressed in a bill or note, the rile, in the absence of any agreement or circumstances fixing or indicating a different intention, is that the place of presentment is the place where the acceptor or maker resides, or at their usual place of business.' See Business; Pbbsent, 2 (1). 3. To negotiate, or contract, for a thing: as, to place a risk, a mortgage, or other loan; also, to deliver a thing to a person for a purpose. A person who " places " his goods with an agent for a specified purpose does not necessarily authorize him to make a warranty.* Parties to a contract for " placing " mortgages may mean selling or realizing upon them."

Pleas. Place -where: v. Locus in quo. - Placita, I. Pleas; suits; pleadings. The title of a judgment record The old pubhc assemblies at which the King presided. Placita oommunia coronse: v. Communis. Placita juris: rules of law, arbitrary legal principles.

The word place is associated with objects which are in their nature fixed and territorial. United States v. Bevans, 3 Wheat. 336, 390. Ip the provisions of the internal revenue law, restricting the carrying on of a manufacture to the place designated in the license, the word place is not used as an equivalent for town, city, or county, so as to allow a manufacturer under one license to carry on several distinct factories in the same town. On the other hand, he is not obliged to talte out two licenses because he uses two sets of apparatus, if they are used upon premises so connected as to form, in common understanding, one place of manufacture. Salt Co. of Onondaga v. Wilkinson, 8 Blatchf. 30. That a steamboat is a place, within a statute prescribing requisites and mode of serving a warrant, see State v. Mc Nally, 34 Me. 210. The word place has a very wide and varied signification, so that its precise meaning can only be determined by the connection in which it is used, and by having regard to the apparent purpose of the writer. When applied to the location of a bank, it may mean the precise spot where is situated, without regard to any special boundaries, or the state, county, city, or municipal district, within whose hraits and subject to whose police or other regulations it transacts its business. As it is employed in section 41 of the act of congress of June 3, 1864, — prescribing that all the shares in national banks held by individuals or corporations may be included in the valuation of the personal property of such persons or corporations in the assessments made by the state authorities, at the place where such banks are located, and not elsewhere, at the same rate as other property is taxed, — it has reference to the various systems of taxation existing under state laws, and means the political division having a right to impose taxes; the place meant is the district im. posing the particular tax in question; that is to say, in the case of taxes uniform throughout the state, the whole state is meant; in the case of county taxes, the whole county; and in the case of local taxes, of whatever nature, the district for whose special use they are imposed. State V. Hart, 31 N. J. L. 434; State v. Haight, Id. 399. " Place " is a very indefinite terra. It may refer to a very small or to a very large space, and must be construed with reference to the connection in which it is used, the subject-matter, and the end in view. Thus, in section 41 of the act of congress of June 3, 1864, — allowing state taxation of shares of a national bank " at the place where such bank is located, and not elsewhere," — the reference to the place where the bank is located is for the sole purpose of determining what state shall have jurisdiction to tax the owners of the stock; and to prevent taxation of the same stock by two states, one in which the bank was located and one in which the owner resided. The provision should not be construed as preventing a state from taxing the shares in the town wliere the share-owner resides, instead of that where the bank is located. Clapp V. Burlington, 42 Vt. 679. " Place " may be applied to any locahty limited by boundaries, however large or however small. It may be used todesignate a country, state, county, town, or a very small portion of a town. The extent of the loca Uty designated must, generally, be determined by the connection in which the word is used A law requiring plaintiff, in an action for injuries received through defect of highways, to give defendants a notice in writing stating the place where the injury was received, calls for some specification of locality less extensive than the entire highways of the town. The plaintiff must give the defendant the best information in his power under the circumstances, — such as will reasonably inform the town of the locality in which the insufficient highway causing the injury existed, so that the officers of the town, imchanged, may examine the place causing the injury, and judge of the sufficiency or insufficiency of the highway at that point, and thus be prepared to resist or yield to the claim of the injured party. To give notice that the injury was received " on the road from C to E," the distance between C and E being four and a half miles, is not a compliance with the law, because it throws on the defendant the burden of examining the condition of the highway throughout the entire distance, and gives them no means of determining whether any spot they may select is the one relative to which proof must be collected. Law v. Town of Eairfield, 46 Vl. 425. Place of abode, or business. That is not the " place of business " of an indorser, within the rules relative to serving notice, which has no public notoriety as such, no open or public business carried on at it by the party, but only occasional employment by him there, two or three times a week, in a liouse occupied by another person, he being only engaged in settling up his old business. Bank of Columbia v. Lawrence, 1 Pet. 578. " Place " is often used in the statutes to denote a city or town; but it is also often used in a more restricted sense to denote a specific place within a city or town at which a pers<m dwells or transacts business.

In this latter sense, it is used in the expressions place of business and usual place of abode; and this is obviously the only possible construction, where a statute speaks of the " usual place of abode " as the place where writs and notices may be served. So the place of business of a " provision dealer " who has a shop in one town, but conducts most of his business by driving a cart through a route in another town, and selling from the cart to his customers at their houses, is the town where the shop is, and not that where the route lies. So held under a statute requiring certain dealers to have their weights and measures sealed in the town in which they had their usual place of business. Palmer v. Keleher, 111 Mass. 320. The " place of business " contemplated by the act giving permission to one to bear arms " on his or her own premises, or at his or her own place of business," has reference to some particular locality, appropriated exclusively to a local business, such as the farm, store, shop, or dwelling-place. It does not authorize the carrying of concealed deadly weapons in the woods while hunting stock. Baird v. State, 38 Tex. 599.

pleading, evidence. A particular portion of space; locality. In local actions, the plaintiff must lay his venue in the county in which the action arose. It is a general rule, that the place of every traversable fact, stated in the pleading must be distinctly alleged. Com. Dig. Pleader, c. 20; Sn. Eliz. 78, 93; Lawes’s Pl. 57; "Bac. Ab. Venue B; Co. Litt. 303a; and some place must be alleged for every such fact; this is done by designating the city, town, village, parish or district, together with the county in which the fact is alleged to have occurred; and the place, thus desi nated, is called the venue, (q. v.) in transitory actions, the place laid in the declaration, need not be the place where the cause of action arose, unless when required. by statute. In local actions, the plaintiff} will be confined in his proof to the county laid in the declaration. Vide generally, Gould on Pl. c. 38, 102- 104; Arch. Civ. Pl. 366; Hamm. N. P. 462; 1 Saund. 347, n.1; 2 Saund. 5 n. to all the pleas in the case. 1 Saund. 338, n. 6; Skinn. 554; S. C. Carth. 334; Yelv. 65. By placitum is also understood the subdivisions in abridgments. and other works, where the point decided in a case is set down, separately, and generally numbered. In citing, it is abbreviated as follows: Vin. Ab. Abatement, pl. 3. Placita, is the style of the English courts at the beginning of the record of Nisi Prius; in this sense, placita are divided into pleas of the crown, and common pleas..