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house, apartments and occupied

APARTMENT. A part of a house occupied by a person, while the rest is occupied by another or others. 7 M. & G. 95 ; 6 Mod. 214 ; Woodf. L. & T. (1st Am. ed.) 660. "Apartments is a proper description of the premises so occupied ;" 7 M. & G. 95.

The occupier of part of a house, where the landlord resides on the premises and retains the key of the outer door, is held a mere lodger, and is not a person occupying "as owner or tenant;" 7 M. & G. 85.

If a house, originally entire, be divided into several apartments, with an outer door to each apartment, and no communication with each other, the several apartments shall be rated as distinct mansion houses ; but if the owner live therein, all the unten anted apartments shall be considered as parts of his house; 6 Mod. 214.

A flat or flat house is a building consisting of more than one story in which there are one or more suites of rooms on each floor equipped for private house-keeping purposes. An apartment house is either a building oth erwise termed a flat or it is a building di vided into separate suites of rooms intended for residence, but commonly without facili ties for cooking; Lignot v. Jaekle, 72 N. J.

Eq. 233, 65 Atl. 221.

By the lease of apartments in a building, in a town, for the purpose of trade, the lessee takes only such interests in the sub jacent lands as is dependent upon the en joyment of the apartments rented and neces sary thereto ; and if they are totally destroy ed by fire, this interest ceases; McMillan v. Solomon, 42 Ala. 356, 94 Am. Dec. 654. See Cunningham v. Entrekin, 34 W. N. C. (Pa.) 353.

In an indictment for "entering a room or apartment, with the intention to commit lar ceny," it is right to charge the ownership of the room to be his who rented it from one who had the general supervision and control of the whole house, and occupied the same as a lodger ; People v. St. Clair, 38 Cal. 137.