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Dwelling House - Law Dictionary Search Results

Dwelling house

Dwelling house, according to Webster's Comprehen-sive Dictionary, the expression 'dwelling house' means a house built for habitation, a domicile. In law it may embrace the dwelling itself and such buildings as are used in connection with it. According to Black's Law Dictionary (Sixth Edn.), under statute prohibiting breaking and entering a 'dwelling house' the test for determining if a building is such a house is whether it is used regularly as a place to sleep, Narasimha Murthy v. Susheelabai, (1996) 3 SCC 644 (660). (Hindu Succession Act, 1956, s. 23)Includes any building or part of a building which is occupied as a dwelling and any yard, garden, garage or outhouse belonging to the dwelling house and occupied with it, Insolvency Act, 1986, s. 385(1) (UK), Halsbury's Laws of England 3(2), para 390, p. 208....

Private dwelling house

Private dwelling house, means a house in which persons engaged in the manufacture of beedi or cigar or both reside. [Beedi and Cigar Workers (Conditions of Employment) Act, 1966 (32 of 1966), s. 2 (n)]...

House, Houses

House, Houses, See Special Reference No. 1 of 2002 (In Re Gujarat Assembly Matter, (2002) 8 SCC 237. [Constitution of India, Article 174(1)]As to what will pass under a grant of a 'house,' see St. Thomas's Hospital v. Charing Cross Ry.Co., (1861) 1 J. & H. at p. 404, per Wood, V.-C.; Co. Litt. 5 b. As to a devise of a 'house,' see Theobald on Wills; Jarman on Wills.Malicious injuries to houses by tenants, or by means of explosive substances, are punishable by the Malicious Damage Act, 1861 (24 & 25Vict. c. 97), ss. 9 and 13.'House 'under the Public Health 1936 Act, s. 43, means a dwelling-house, whether private or not; under the Housing Act, 1936, s. 187, includes any yard, garden, outhouses and appurtenances; under the Rent Restriction Acts, 1920-1935, a dwelling-house means a house let as a separate dwelling or a part of a house being a part so let (1933, s. 16); for other definitions, see respective statutes.The word 'house' would in its ordinary sense include any building irrespect...

Burglary

Burglary [fr. burg, Sax., a house, and larron, a thief, fr. latro, Lat.]. At Common Law burglary is the breaking and entering of the dwelling-house of another in the night-time with intent to commit a felony therein. S. 25 of the (English) Larceny Act, 1916, provides that-Means the act of breaking and entering an inhabited structure (as a house) especially at night with intent to commit a felony (as murder or larcency), the act of entering or remaining unlawfully (as after closing to the public) in a building with intent to commit a crime (as a felony). The crime of burglary was originally defined under the common law to protect people, since there were other laws, Webster's Dictionary of Law, Indian Edn. (2005), p. 61.Burglary, is the common law offence of breaking and entering another's dwelling at night with the intent to commit a felony. The modern statutory offence of breaking and entering any building not just a dwelling and not only at night - with the intent to commit a felony....

Messuage

Messuage [fr. messuagium, Law Lat., formed perhaps fr. mesnage, by mistake of the n, in court hand, for u, they being written alike; or fr. maison, Fr.], a dwelling-house with its outbuildings and curtilage and some adjacent land assigned to the use thereof. See Co. Litt. 5 b, and Mr. Hargrave's note, as to what passes under the word 'messuage.' In Monks v. Dykes, (1839) 4 M&W 567, Parke, B., said that 'a messuage and a dwelling-house are substantially the same thing, and therefore if rooms be so occupied as to be in fact a dwelling-house, they may be described as a messuage.'In Scotland the principal dwelling-house without a barony, Bell's DictMessuage, a dwelling house together with the cartilage, including any out buildings, Black's Law Dictionary, 7th Edn...

Lodger

Lodger, a tenant, with the right of exclusive possession, of a part of a house called lodgings, the landlord, by himself or an agent, retaining general dominion over the house itself.Lodgings may be let in the same manner as lands and tenements; in general, however, they are let either by agreement in writing or verbally. An executory verbal agreement may be void by the (English) Law of Property Act, 1925, s. 40; and see Edgev Strafford, (1831) 1 C. & J. 391, as being a contract in relation to land, and a written agreement is often desirable to avoid dispute.Lodgers in rooms which have been let as a separate dwelling to them, unfurnished, may be tenants of a dwelling-house for the purpose of the (English) Rent Restrictions Acts, 1920, 1935, and if that dwelling or the house of which the rooms form parties not decontrolled, their tenancy is within those Acts (see INCREASEOF RENT). As to rent-books generally, in small houses, see (English) Housing Act, 1936, s. 4, and Part IV of that Act...

Larceny

Larceny [fr. larcin, Fr.; latrocinium, Lat.], contracted from latrociny, the unlawful taking and carrying away of things personal, with intent to deprive the rightful owner of the same. Larceny is a felony, and is either simple or accompanied with circumstances of aggravation:(1) Simple larceny at Common Law, or plain theft. To constitute the offence there must be an unlawful taking, which implies that the goods must pass from the possession of a true owner (including one who has a qualified property only in the goods, as a bailee), and without his consent; where there is, then, no change of possession, or a change of it by consent, or a change from the possession of a person without title to that of the true owner, there cannot be a larceny. As to the difference between property parted with by the owner of his own free will, however fradulently influenced, in other words, between property 'entrusted' and 'possession by a trick,' see Oppenheimer v. Frazer, (1907) 2 KB 50, and Lake v. S...

Curtilage

Curtilage [fr. Cour, Fr., court; and leagh, Sax., place], a courtyard, backside, or piece of ground lying near and belonging to a dwelling-house [see Pilbrow v. Vestry of St. Leonard, Shoreditch, (1895) 1 QB 433]; the limit of the premises in which house-breaking can be committed. See (English) Larceny Act, 1916, s. 46 (2), by which no building, though within the curtilage, is to be deemed part of a dwelling-house to constitute burglary, unless therebe a communication between such building and the dwelling-house.Curtilage, as limited to the immediate area surrounding a building, Skerritts Ltd. v. Secretary of State (CA), (2003) 3 WLR 511.Of a mansion house, an area which no conveyancer would extend beyond that occupied by the house, the stables and other outbuildings. The gardens and the rough grass up to the ha-ha, if there was one (According to Nourse LJ), Skerritts of Nottingham Ltd. v. Secretary of State (CA), (2001) QB LR 59.Curtilage, has been described as a courtyard, back-side ...

Vagrants

Vagrants, sturdy beggars; vagabonds.The Act which is now in force, embodying, mitigating, and extending numerous former provisions, is the (English) Vagrancy Act, 1824 (5 Geo. 4, c. 83). It has been extended by the Vagrancy Act, 1838, as to re-commitment on failure to prosecute, appeal, and exhibition of obscene prints; by the (English) Vagrant Act Amendment Act, 1873, as to gambling and betting in streets; by the Vagrancy Act, 1898, amended by the Criminal Law Amendment Act, 1912, s. 7, as to men living on earnings of prostitution; and by (English) Poor Law Act, 1930, s. 150, as to obtaining relief by falsehood. It points out three classes of persons:-1st, idle and disorderly persons; 2nd, rogues and vagabonds; 3rd, incorrigible rogues.First. Idle and Disorderly Persons.-The following are, under the Vagrancy Act, 1824, s. 3, to be deemed 'idle and disorderly persons,' so that any justice of the peace may commit them (being convicted before him) to the house of correction to hard labou...

messuage

messuage [Anglo-French, probably alteration of Old French mesnage dwelling house, ultimately from Latin mansion- mansio habitation, dwelling, from manēre to remain, sojourn, dwell] : a dwelling house with the adjacent buildings and curtilage and other adjoining lands used in connection with the household ...

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