Premises

That which is put before; that which precedes; the foregoing statements. Thus, in logic, the two introductory propositions of the syllogism are calied the "premises," and from them the conclusion is deduced. So, in pleading, the expression "in consideration of the premises" frequently occurs, the meaning being "in consideration of the matters hereinbefore stated." See Teutonia F. Ins. Co. v. Mund, 102 Pa. 93; Alaska Imp. Co., v. Hirsch, 119 Cal. 249, 47 Pac. 124. In conveyancing. That part of a deed which precedes the habendum, in which are set forth the names of the parties with their titles and additions, and in which are recited such deeds, agreements, or matters of fact as are necessary to explain the reasons upon which the present transaction is founded; and it is here, also, the consideration on which it is made is set down and the certainty of the thing granted. 2 Bl. Comm. 298. And sce Miller v. Graham, 47 S. C. 288, 25 S. E. 165; Brown v. Manter, 21 N. H. 533, 53 Am. Dec. 223; Rouse v. Steamboat Co.., 69 Hun, 80, 13 N. Y. Supp. 126. In estates. Lands and tenements; an estate ; the subject-matter of a conveyance. The term "premises" is used in common parlance to signify land, with its appurtenances; but its usual and appropriate meaning in a conveyance is the thing demised or granted by the deed. New Jersey Zinc Co., v. New Jersey Frankhnite Co.., 13 N. J. Eq. 322; In re Rohrbacher's Estate, 168 Pa. 158, 32 Atl. 30; Cummings v. Dearborn. 56 Vt. 44l; State v. French, 120 Ind. 229, 22 N. E. 108. The word is also used to denote the subject-matter insured in a policy. 4 Campb. 89.

In equity pleading. The stating part of a bill It contains a narrative of the facts and circumstances of the plaintiff's case, and the wrongs of which he complains, and the names of the persons by whom done and against whom he seeks redress. Story, Eq. PI. § 27.

premisses. Things put viously stated or set forth; one deed or conveyance, consisting the date, parties, consideration, the thing demised or granted; of land, buildings, etc.

* Something sent or put before: foregoing statements; facts already mentioned; introductory matter. 1. (1) In a bill in equity, the stating part, the narrated facts upon which the complainant expects to recover. (2) In a declaration, the statements, in the early part, out of which the defendant's liability gi-ows: as, in the expressions, "by reason of the premises," "in consideration of the premises." 2. In a deed, all that precedes the habendum; that is, the date, parties, consideration, grant, description, recitals, exceptions, etc' The premises being the part of a deed in which the thing is granted, the habendum, which serves to limit the certainty of the estate, cannot increase the grant.* 3. A distinct portion of realty; land, or lands; tenements, buildings.'?. In common parlance, land with its appurtenances. In a conveyance, "the thing demised or granted by the deed." 8 In a policy of insurance on a vessel, " insured premises " means the vessel." In a policy upon a habitation, covers the whole property insured — dwellings, out-houses, and appurtenances, which together compose the establishment. ' "^ ' People V. Majone, 91 N. "X". 812 (1883), Earl, J. 'Mc Daniel v. Commonwealth, 77 Va. 284 (1883), Hinton, J. ' Commonwealth v. Drum, 58 Pa. 16 (1868), Agnew, J. * L. prcemissa (sententia), that which is stated beforehand. ' See 8 Bl. Com. 298; 44 Me. 416; 15 Md. 63. • Brown u Manter, 81 N. H. 633 (1869). 'See Bowers v. Pomeroy, 81 Ohio St. 190 (1871); 4 Duer, 191. 8 Zinc Co. V. Franklmite Co., 13 N. J. E. 331 (1861), Green, Ch.; 15 id. 468. "Premises adjacent to" a place where liquor is sold, embraces a public street or alley fronting on the place.' In a lease of a factory, ** premises " does not include a portable machine worked by a belt attached to the factory." The word never describes personalty ' See Contained; Locus, In quo; View.

(Things put before.) The part of a deed preceding the habendum. The place in question; the laud or houses granted.

1. Literally, some- /? thing put before; hence, matters previously stated; an antecedent or introductory part of a writing. 2. As used in equity pleading, the term designates what is otherwise called the stating part of the b Ul. Here is presented a narrative of all the facts upon which the plaintiff's case depends, and which he expects to prove on the hearing. These, being consecutively stated in the early part of the bill, are referred to in later portions — the charging part and the prayer, for instance — as " the premises." A similar use is made of the word in declarations at common law, to signify foregoing statements, or previously mentioned facts. Thus, in a declaration in indebitatus assumpsit, the plaintiff, after alleging that the defendant was indeibted to him in a given sum of money, may proceed to state that, " in consideration of the premises," i.e. of the facts already set out, the defendant promised to pay him the same. So, in a declaration for the diversion of water from a watercourse, the plaintiff, after stating his right to the enjoyment of the water, and his previous user of the same, and setting forth the fact and the nature of the diversion, may proceed to point out the injurious consequences which have flowed from the previously stated facts, in the following manner: " And the plaintiff, by reason of the premises, hath been deprived of the use, benefit, and advantage of the water of the said watercourse." 3. As used in conveyancing, the term premises is used in the habendum and covenants of a deed, mortgage, lease, &c., by way of reference to all that portion of the instrument which precedes the habendum; especially to the description previously given of the estate or property to be conveyed or affected. It thus prevents the need of repeating the statements made in the introductory The premises is that part in the beginning of a deed which expresses the grantor and grantee, and the land, or thing granted or conveyed^ Jacob. In a deed, the premises comprise all that portion which precedes the habendum; i.e., the date, the parties' names and descriptions, the recitals, the consideration and the receipt thereof, the grant, the description of the things granted, and the exceptions. (4 Cruise Dig. 26.) Brown. Premises, in a deed, signifies all which precedes the habendum; and where the limitation contained in the latter conflicts with the estate given in the premises, it must be rejected, and that in the premises prevail. Budd V. Brooke, 3 Gill, 198; Farquharson r. Eichelberger, 15 Md. 63; Berry v. Billings, 44 Me. 416. The term premises is used in common parlance to signify land, with its appurtenances; but its usual and appropriate meaning in a conveyance is, the thing demised or granted by the deed. N. J. Zinc Co. D. N. J. Franklinite Co., 13 N. J. Eq. 322. When the word premises is used in the habendum, it has a fixed meaning. The office of that part of a deed is to fix with certainty the estate granted, and in that connection the word premises does mean the thing grafted, as described in what precedes the habendum. New Jersey Zinc Co. V. Boston Franklinite Co., 15 N. J. Eq. 418, 462. 4. Growing out of the last-mentioned meaning and use, there has arisen a perversion of the word to the sense of some distinct parcel of real property, such as deeds usually describe and convey. Thus it is common to speak of premises being in good or bad condition; of advertising premises for sale; of visiting or inspecting certain premises; of leased premises; of an intrusion or a trespass on a person's premises, — in all which and many like connections the word has no reference to any instrument, but means the corpus of some distinct portion of the realty. This use of the term has been criticised as a corruption, and so, in origin, it was; but it seems now to have the support of widespread and frequent usage. Premises, in the redelivery covenant of a lease of a factory building and land, does not include a portable wood-cutting machine worked by a belt attached to the factory: this is a chattel. Holbrook v. Chamberlin, 116 Mass. 155. Premises, in the covenants of a lease, may include the buildings as well as the land. The plaintiff agreed to hire of the defendwhich the defendant agreed that the " premises and fixtures " should be finished in the same way as the store of B in the same street. The plaintiff claimed damages sustained by reason of leakage arising from a variation in the roof from that of B; and it was held that defendant was bound to make the roof as good as B's, and that damages for its deficiency were recoverable. Tuller V. Davis, 4 Duer, 187. Premises, in the statute of Ohio, 1853, regulating the sale of liquors, includes both laud and tenements. Bowers v. Pomeroy, 21 Ohio St. 184.

That which is put before. ‘ This word has several sicnifications; sometimes it means the statements which have been before made; as, I act upon these premises; it signifies a formal part of a decd; and it is made to designate an estate.