Premises

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notmartha
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Premises

Post by notmartha » Sun Jun 04, 2017 1:33 pm

See also Area, Planes

BIBLE

The word “premises” isn’t found in any translations I’ve checked.


DEFINITIONS

Webster’s Dictionary of the English Language, 1828
PREM'ISES, noun [Latin proemissa.]
3. In law, land or other things mentioned in the preceding part of a deed.
Bouvier’s Law Dictionary, 1856
PREMISES, estates.
Lands and tenements are usually, called premises, when particularly spoken of; as, the premises will be sold without reserve. 1 East, R. 453.

PREMISES, conveyancing.
That part in the beginning of a deed, 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 contract then entered into 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. Com. 298. The technical meaning of the premises in a deed, is every thing which precedes the habendum. 8 Mass. R. 174; 6 Conn. R. 289. Vide Deed.

Black’s Law Dictionary, 1st Edition, 1891
PREMISES.

That which is put before; that which precedes: the foregoing statements. Thus, in logic, the two introductory propositions of the syllogism are called 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 herein before stated.”

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.

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. 18 N. J. Eq. 322.

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. Pl. § 27.
The Century Dictionary, an Encyclopedic Lexicon of the English Language, 1895
premises cent.JPG
premises cent.JPG (113.03 KiB) Viewed 1437 times

Black’s Law Dictionary, 2nd Edition, 1910
PREMISES.

That which is put before; that which precedes; the foregoing statements. Thus, in logic, the two introductory propositions of the syllogism are called 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." Sue Teutonia F. Ins. Co. v. Mund, 102 Pa. 93; Alaska Imp. Co. v. Hlrsch, 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. 29S. And see Miller v. Graham, 47 S. C. 288, 25 S. E. 105 ; Brown v. Mauter, 21 N. II. 533, 53 Am. Dec. 223; Rouse v. Steamboat Co., 59 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 Franklinite Co., 13 N. J. Eq. 322 ; In re Rohrbacher's Estate, 168 Pa. 158, 32 Atl. 30 ; Cummings v. Dearborn, 56 Vt. 441 ; 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. Pl. § 27.
A Compilation of Words and Phrases Judicially Defined By The Supreme Court Of Georgia And The Court Of Appeals, 1910
Premises
See citations under “Place.”
Ambiguous term. — The term “premises” is one capable of different meanings. In insurance contracts it ordinarily means only the buildings on described realty, while in conveyances it includes the land as well as the buildings. Snook & Austin Co. v. Stener, 117 Ga. 363, 43 S. E. 776.
Black’s Law Dictionary, 4th Edition, 1968
PREMISES.

That which is put before; that which precedes; the foregoing statements. Thus, in logic, the two introductory propositions of the syllogism are called the "premises," and from them the conclusion is deduced. So, in pleading, the expression "in consideration of the premises" means in consideration of the matters hereinbefore stated. Alaska Imp. Co. v. Hirsch, 119 Cal. 249, 47 P. 124; Meese v. Northern Pac. Ry. Co., C.C.A.Wash., 211 F. 254, 259.

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. Liles v. Pitts, 145 La. 650, 82 So. 735, 738.

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. Pl. § 27.

In estates. Lands and tenements; an estate; land and buildings thereon; the subject-matter of a conveyance. F. F. Proctor Troy Properties Co. v. Dugan Store, 181 N.Y.S. 786, 788, 191 App.Div. 685. The area of land surrounding a house, and actually or by legal construction forming one inclosure with it. Ratzell v. State, Okl.Cr.App., 228 P. 166, 168. A distinct and definite locality, and may mean a room, shop, building, or other definite area. Robinson v. State, 143 Miss. 247, 108 So. 903, 905, or a distinct portion of real estate. Ruble v. Ruble, Tex.Civ.App., 264 S.W. 1018, 1020.

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 interest or estate demised or granted by the deed. State v. French, 120 Ind. 229, 22 N.E. 108; Cooper v. Robinson, 302 Ill. 181, 134 N.E. 119, 120.

"Premises" of the employer as used in Workmen's Compensation Acts means on the property owned, leased, or controlled by the employer and so connected with the business in which the employee is engaged as to form a component or integral part of it. Werner v. Allegheny County, 153 Pa.Super. 10, 33 A.2d 451, 453.

The words "premises" and "plant" are sometimes distinguished; "premises" refers to place and territory, while "plant" includes place and territory, together with the appliances and things which go to make the facilities for the execution of the design and purposes of the enterprise. Martin v. Matson Nay. Co., D.C.Wash., 244 F. 976, 977.

In insurance law. The subject-matter insured in a policy. 4 Campb. 89.

Black’s Law Dictionary, 5th Edition, 1979
Premises.

That which is put before; that which precedes; the foregoing statements. Thus, in logic, the two introductory propositions of the syllogism are called the "premises," and from them the conclusion is deduced. So, in pleading, the expression "in consideration of the premises" means in consideration of the matters hereinbefore stated.

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.

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. In most states equity pleading is obsolete, having been replaced by notice pleading under Rules of Civil Procedure. See Complaint.

In estates and property. Lands and tenements; an estate, including land and buildings thereon; the subject-matter of a conveyance. F. F. Proctor Troy Properties Co. v. Dugan Store, 191 App.Div. 685, 1 8 1 N.V.S. 786, 788. The area of land surrounding a house, and actually or by legal construction forming one inclosure with it. A distinct and definite locality, and may mean a room, shop, building, or other definite area, or a distinct portion of real estate. Land and its appurtenances.

In Worker's Compensation Acts. "Premises" of the employer as used in Worker's Compensation Acts is not restricted to the permanent site of the statutory employer's business nor limited to property owned or leased by him but contemplates any place under the exclusive control of statutory employer where his usual business is being carried on or conducted. Boatman v. Superior Outdoor Advertising Co., Mo. App., 482 S.W.2d 743, 745.
Black’s Law Dictionary, 6th Edition, 1991
Premises

In estates and property. Land with its appurtenances and structures thereon. Premises is an elastic term and it does not have one definite and fixed meaning; its meaning is to be determined by its context and is dependent on circumstances in which used, and may mean a room, shop, building, or any definite area.

A dwelling unit and the structure of which it is a part and faculties and appurtenances therein grounds, areas, and facilities held out for the use of tenants generally or whose use is promised to the tenant.

Black’s Law Dictionary, 7th Edition, 1999
Premises

A house or building, along with its grounds

WEX Legal Dictionary
premises

A real estate term for land and the improvements on it, including a building, store, apartment, or other designated structure.

MISC. CITATIONS


4 U.S. CODE § 110
(e) The term “Federal area” means any lands or premises held or acquired by or for the use of the United States or any department, establishment, or agency, of the United States; and any Federal area, or any part thereof, which is located within the exterior boundaries of any State, shall be deemed to be a Federal area located within such State. Source (July 30, 1947, ch. 389, 61 Stat. 645.)
[Note: The above code originated with what is known as the “Buck Act” which established a new plane of jurisdiction, an overlay of a “Federal Area”, including any premises (ambiguously defined in above definitions) affected with a Federal interest (i.e. Federal funding, Federal loan, Federal address, pledge to Fed, etc.)]

21 U.S. Code § 880 - Administrative inspections and warrants
(a) “Controlled premises” defined

As used in this section, the term “controlled premises” means—
(1) places where original or other records or documents required under this subchapter are kept or required to be kept, and
(2) places, including factories, warehouses, and other establishments, and conveyances, where persons registered under section 823 of this title (or exempt from registration under section 822(d) of this title or by regulation of the Attorney General) or regulated persons may lawfully hold, manufacture, distribute, dispense, administer, or otherwise dispose of controlled substances or listed chemicals or where records relating to those activities are maintained.

24 CFR 100.201 - Definitions.
Premises means the interior or exterior spaces, parts, components or elements of a building, including individual dwelling units and the public and common use areas of a building.
48 CFR 552.270-4 - Definitions.
(k) “Premises” means the space described in this lease.
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