H. HABEAS CORPORA, English practice. A writ issued out of the C. P.

commending the sheriff to compel the appearance of a jury in the cause between the parties. It answers the same purpose in that court as the Distringas juratores answers in the K. B. For a form, see Bootes Suit at Law, 151. HABEAS CORPUS, remedies A writ of habeas corpus is an order in writing, signed by the judge who grants the same, and sealed with the seal of the court of he is a judge, issued in the name of the sovereign power where it is granted, by such a court or a judge thereof, having lawful authority to issue the same, directed to any one having a person in his custody or under his restraint, commanding him to produce, such person at a certain time and place, and to state the reasons why he is held in custody, or under restraint. 2. This writ was it common law considered as a remedy to remove the illegal restraint on a freeman. But anterior to the 31 Charles II. its benefit was, in a great degree, eluded by time−serving judges, who awarded it only in term time, and who assumed a discretionary power of awarding or refusing it. 3 Bulstr. 23. Three or four years before that statute was passed there had been two very great cases much agitated in Westminster Hall, upon writs of habeas corpus for private custody, viz: the cases of Lord Lei−ah: 2 Lev; 128; and Sir Robert Viner, Lord Mayor.of London. 3 Keble, 434, 447, 470, 504; 2 Lev. 128; Freem. 389. But the court has wisely drew the line of distinction between civil constitutional liberty, as opposed to the power of the crown, and liberty as opposed to the violence and power of private persons. Wilmot’s Opinions, 85, 86. 3. To secure the full benefit of it to the subject the statute 81 Car. II. c. 2, commonly calfed the habeas corpus act, was passed. This gave to the. writ the vigor, life, and efficacy requisite for the due protection of the liberty of the subject. In England this. is considered as a high prerogative writ, issuing out of the court of king’s bench, in term time or vacation, and running into every part of the king’s dominions. It is also grantable as a matter of right, ex debito justitae, upon the application of any person. 4. The interdict De homine libero exhibendo of the Roman law, was a remedy very similar to the writ of habeas corpus. When a freeman was restrained by another, contrary to good faith, the praetor ordered that such person should be brought before him that he might be liberated. Dig. 43, 29, 1. 5. The habeas corpus act has been substantially incorporated into the jurisprudance of every state in the Union, and the right to the writ has been secured by most of the constitutions of the states, and of the United States. The statute of 31 Car. II. c. 2, provides that the person imprisoned, if he be not a prisoner convict, or in execution of legal process, or committed for treason or felony, plainly expressed in the warrant, or has not neglected wilfully, by the space of two whole terms after his imprisonment, to pray a habeas corpus for his enlargement, may apply by any one in his behalf, in vacation time, to a judicial officer for the writ of habeas corpus, and the officer, upon view of the copy of the warrant of commitment, or upon proof of denial of it after due demand, must allow the writ to be directed to the person in whose custody the party is detained, and made returnable immediately before him. And, in term time, any of the said prisoners may obtain his writ of habeas corpus, by applying to the proper court. 6. By the habeas corpus law of Pennsylvania, (the Act of February 18, 1785,) the benefit of the writ of habeas corpus is given in "all cases where any person, not being committed or detained for any criminal, or supposed criminal matter," Who "shall be confined or restrained of his or her liberty, under any color or pretence whatsoever." A similar provision is contained in the habeas corpus act of New York. Act of April 21, 1818, sect. 41, ch. 277. 7. The Constitution of the United State art. 1, s. 9, n. 2, provides, that " the privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it and the same principle is contained in many of the state constitutions. In order still more to secure the citizen the benefit of this great writ, a heavy penalty is inflicted upon the judges who are bound to grant it, in case of refusal. 8. It is proper to consider, 1. When it is to be granted. 2. How it is to be served. 3. What return is to be made to it. 4. The bearing. 5. The effect of the judgment upon it. 9. − 1. The writ is to be granted whenever a person is in actual confinement, committed or detained as aforesaid, either for a criminal charge, or, as in Pennsylvania and New York, in all cases where he is confined or restrained of his liberty, under any color or pretence whatsoever. But persons discharged on bail will not be considered as restrained of their liberty so as to be entitled to, a writ of habeas corpus, directed to their bail. 3 Yeates, R. 263; 1 Serg & Rawle, 356. 10. − 2. The writ may be served by any free person, by leaving it with the person to whom it is directed, or left at

the gaol or prison with any of the under officers, under keepers, or deputy of the said officers or keepers. In Louisiana, it is provided, that if the person to whom it is addressed shall refuse to receive the writ, he who is charged to serve it, shall inform him of its contents; if he to whom the writ is addressed conceal himself, or refuse admittance to the person charged to serve it on him, the latlat shall affix the order on the exterior of the place where the person resides, or in which the petitioner is so confined. Lo. Code of Pract. art. 803. The service is proved by the oath of the party making it. 11. − 3. The person to whom the writ is addressed or directed, is required to make a return to it, within the time prescribed; he either complies, or he does not. If, he complies, he must positively answer, 1. Whether he has or has not in his power or custody the person to be set at liberty, or whether that person is confined by him; if he return that he has not and has not had him in his power or custody, and the return is true, it is evident that a mistake was made in issuing the writ; if the return is false, he is liable to a penalty, and other punishment, for making such a, false return. If he return that he has such person in his custody, then he must show by his return, further, by what authority, and for what cause, he arrested or detained him. If he does not comply, he is to be considered in contempt of the court under whose seal the writ has been issued, and liable to a severe penalty, to be recovered by the party aggrieved. 12. − 4. When the prisoner is brought, before the judge, his judicial discretion commences, and he acts under no other responsibility than that which belongs to the exercise of ordinary judicial power. The judge or court before whom the prisoner is brought on a habeas corpus, examines the return and Papers, if any, referred to in it, and if no legal cause be shown for the imprisonment or restraint; or if it appear, although legally committed, he has not been prosecuted or tried within the periods required by law, or that, for any other cause, the imprisonment cannot be legally continued, the prisoner is discharged from custody. In the case of wives, children, and wards, all the court does, is to see that they ire under no illegal restraint. 1 Strange, 445; 2. Strange, 982; Wilmot’s Opinions, 120. 13. For those offences which are bailable, when the prisoner offers sufficient bail, he is to be bailed. 14. He is to be remanded in the following cases: 1. When it appears he, is detained upon legal process, out of some court having jurisdiction of criminal matters, 2. When he is detained by warrant, under the hand and seal of a magistrate, for some offence for which, by law, the prisoner is not bailable. 3. When he is a convict in execution, or detained in execution by legal civil process. 4. When he is detained for a contempt, specially and plainly charged in the commitment, by some existing court, having authority to commit for contempt. 5. When he refuses or neglects to give the requisite bail in a case bailable of right. The judge is not confined to the return, but he is to examine into the causes of the imprisonment, and then he is to discharge, bail, or remand, as justice shall require. 2 Kent, Com. 26; Lo. Code of Prac. art. 819. 15. − 5. It is provided by the habeas corpus act, that a person set at liberty by the writ, shall not again be imprisoned for the same offence, by any person whomsoever, other than by the legal order and process of such court wherein he shall be bound by recognizance to appear, or other court having jurisdiction of the cause. 4 Johns. R. 318; 1 Binn. 374; 5 John. R. 282. 16. The habeas corpus can be suspended only by authority of the legislature. The constitution of the United States provides, that the privilege of the writ of habeas corpus shall not be suspended unless when, in cases of invasion and rebellion, the public safety may require it. Whether this writ ought to be suspended depends on political considerations, of which the legislature, is to decide. 4 Cranch, 101. The proclamation of a military chief, declaring martial law, cannot, therefore, suspend the operation of the law. 1 Harr. Cond. Rep. Lo. 157, 159 3 Mart. Lo. R. 531. 17. There are various kinds of this writ; the principal of which are explained below. 18. Habeas corpus ad deliberandum et recipiendum, is a writ which lies to remove a prisoner to take his trial in the county where the offence was committed. Bac. Ab. Habeas Corpus, A. 19. Habeas corpus ad faciendum et recipiendum, is a writ which issues out of a court of competent jurisdiction, when a person is sued in an inferior court, commanding the inferior judges to produce the body of the defendant, together with the day and cause of his caption and detainer, (whence this writ is frequently denominated habeas corpus cum causa) to do and receive whatever the court or the judge issuing the writ shall consider in that behalf. This writ may also be issued by the bail of a prisoner, who has been taken upon a criminal accusation, in order to surrender him in his own discharge; upon. the return of this writ, the court will cause an exoneretur to be entered on the bail piece, and remand the prisoner to his former custody. Tidd’s Pr. 405; 1 Chit. Cr. Law, 182.

though it may restrain them. 36 Cont. tit. or ca. whatsoever the judge or court awarding such writ shall consider in that behalf. 709. R. Inst. practice. 25. it is that part of a deed which usually declares what estate or interest is granted by it. in a superior court to charge him with the process of execution. on Sher. Skin. and commanding him to produce the body of the prisoner. is the same as on a common fi. 5 Co. generally. Perk. Pr. Habeas corpus cum causa. against whom a judgment has been rendered. 3 Story. art. t. without delay. 183. or be repugnant to it. 143. 131. Const. Tidd’s Pr. R. Com. 8 Mass. s. HABERE FACIAS POSSESSIONEM. Wats. The name of a writ of execution in the action of ejectment. 32. HABERE FACIAS SEISINAM. HABENDUM. Dig. Ab. h.. This word is used in composition. 791 to 827. Dig. n.20. 176. reddendo singula singulis. on Abstr. sa. 183−4. It may abridge the premises. h. Inst. 183. This is a Latin word. 91 b. Cro. Habeas corpus ad testificandum. 2 Mod. or it is void. 215. It sometimes qualifies the estate. h. 175. 6 Conn. by which the sheriff is directed that he cause the demandant to have seisin of the lands which he has recovered. Index. 99. (q. is a writ issued at the instance of a plaintiff for the purpose of bringing up a prisoner. 2 Arch. Id. fa. so that the general implication of the estate. To have. Inst. 299. 153. Ab. Dig. 3. R. he may raise the posse comitatus. which signifies to have. 198. is a writ which issues for the purpose of removing a prisoner in order to prosecute. and to what use. HABERE. t. Cruise. For this purpose he may break an outer or inner door of the house. Skin. t. 130. h. 375. is commanded by this writ that. Com. In deeds and devises it is sometimes construed distributively. 8th Engl. h. 2. by way of eminence called the writ of habeas corpus. The habendum commences in our common deeds. n. Ab. et recipiendum. Litt. 456. The sheriff is to execute this writ by delivering a full and. and. More. 55 a. in order to render him in their own discharge. is a writ which issues at the instance of a creditor.. 3 Bl. Nels. _1333. It is to be executed nearly in the . Habeas corpus ad subjiciendum. t. poss. 5 Barnw. Vide. 412. The name of a writ of execution. 2 Lill... E 9. notes 3 and 4. 299.. Practice. which. v. Com. h. A dealer in miscellaneous goods and merchandise. its certainty. 4. Br. 130. actual possession of the premises to the plaintiff. Yelv. Bac. _170 . he cause the plaintiff to have possession of the land in dispute which is therein described. This writ may be taken out at any time within a year and day after judgment. & Cres. submit to. subjiciendum. 4. 60. Co. remedies. 1 Litt. but not totally contradict. Code of Prac. Its proper office is not to give anything. with the words "to have and to hold. 405. 289. 5 Serg.. used in most real actions. 43. Martin’s N. 2. fa. to do. 130. h. 28. Litt. & J. The name of this writ is abbreviated hab. 2. Vin. Com.) is a writ directed to the person detaining another. 3375. 3. R. Ab. 1081. In conveyancing. Co. Reg. It may enlarge the premises Co. ad faciendum. HABERDASHER. 3 Wend. or ca.. who has been taken upon a criminal accusation. in order that he may testify." 2 Bl. 115. when they are general. 3 Prest. Vide 10 Vin. sa. 252. 544 but it cannot frustrate the premises. 14 Vin. C. 65. fa. & Rawle. and receive. 23. Habeas corpus ad prosequendum. may by the habendum be controlled. edit. 3 Bl. Habeas corpus ad respondendum. 3 Bl. Bac. Ab. 220. t. 107. 7 Greenl. Rep. on Execut. It may explain the premises. 2 Jones. passes in the premises. 4 Kent. 69 to 93. Pr. Com. 3 Bl. 3 Bouv. by construction of law. Estate. 58. 1 Leon. Lo. Law 132.. should he be violently opposed. and note 1. in which case the habendum may enlarge the estate. 4. or one who has a cause of action against a person who is confined by the process of some inferior court. Dane’s Ab. 543. 6 Har. Bing. and remand the defendant to his former custody. 24. 1 Saund. 298. It may be frustrated by the premises. 14. 206 to 210. l32. 3374. Com. 129. but to limit or define the certainty of the estate to the feoffee or grantee. with the day and cause of his caption and detention. 3 Bl. 145. the various American Digests. 2 Rolle. duration. 20. Index.. 22. in order to remove the prisoner and charge him with this new action in the court above. The duty of the sheriff in the execution and return of that part of the writ. ibid. 2 Jones. t. who should be previously named in the premises of the deed. 3 Bl. Bouv. Com. for costs may be included in the writ. 903. t. Habeas corpus ad satisfaciendum. 2 Co. Com. The sheriff. 3 Bouv. Tidd’s Pr. a fi. Plowd. Ab. conveyancing.. Ab. Litt. Fait. Eliz. Com. 1 Chit. is a writ which may be issued by the bail of a prisoner. 455. c. Cr. a writ issued for the purpose of bringing a prisoner. before the court. Upon the return of this writ the court will cause an exoneretur to be entered on the bail piece. 21. h. remedies. t. Com.

it is requisite that the insanity should be habitual. The name of this writ is abbreviated hab. descendants. HAEREDES REMOTIORES. for if the principal did not agree to such settlement he should have declared his dissent. HAD BOTE. 3. S. or an estate which descends to one by succession. without any objection being made. Habitual drunkenness. he is deprived of his property. Engl. Law. 1836. upon the presumption that he is not of the blood of the original purchaser. 1. haereditas nunquam ascendit. It was the right of a person to live in the house of another without prejudice to the property. for this purpose. 7. Inst. 91 b. An inheritance. 2 Bouv. Just. if John marry Sarah and has a son by that marriage. R. The kinsmen other than children or descendants. 3. and a committee is appointed by the court to take care of his person and estate. law. s. 379. whereas the party having the right of habitation. these children are of the half−blood. Customarily. to control his appetite for it. These are of various kinds.. N. of Sheriff. 589. When persons have only one parent in common. Haeres fiduciarius. Wats. 184 Domat. by statutory provisions in some of the states. A disposition or condition of the body or mind acquired by custom or a frequent repetition of the same act. t. HAERES civil law. to whom the whole estate of the testator is given. See 2 Mart. 1 Bro. that the usufructuary might have applied the house to any purpose. B. A recompense or amends made for violence offered to a person in holy olders. Dig. But in many of the states of the Union provision is made by statute in favor of ascendants. 2. HAEREDES PROXIMI. yet it is not necessary that it should be continued. half cent. HABITUAL DRUNKARD. and. the heir at law: he is distinguished from. 3. In order to found proceedings in lunacy. Inst. by frequent indulgence. or frequent use or practice. as to show a design of repeating the same act. 23. or an heir created by will. a just presumption would arise of an implied ratification. 622: 1 Mart. or so frequently. The name of a writ which lies when a view is to be taken of lands and tenements. The habit of dealing has always an important bearing upon the construction of commercial contracts. 110. Com. kindred. HABITATION. n. as. &c. p. At common law an inheritance never ascends. a lawful heir. E. Index. 238. 4. 11. This is said of an inheritance which is not taken by the heirs. Ab. Civ. Just. 2. 1313−14. This word is used in composition. on Exec. haeres legitimus est quem nuptiae demonstrant. 2. Inst. 1. Bac. Vide House. whereas two of the children of John and Sarah would be of the whole blood. An heir. HABITUALLY. 2. A moiety. 139. 5 Co. By the laws of Pennsylvania an habitual drunkard is put nearly upon the same footing with a lunatic. 2. 2 Bl. HAEREDITAS JACENS. verbo View. 2. and he should afterward settle other policies in the same manner. S. By the English common law. 1. t. Com. HABITATION. Haeres factus. 296. and after Sarah’s death he marry Maria. to which no objection should be made within a reasonable time. Remains. 2. half dime. Remains. A dwelling−house. 220. l. 2. HABERE FACIAS VISUM. 252. For example. estates. Spellm. civil law. h. seis. Vide 6 Watts’ Rep. 1. 71. 4. 110. Feud. Rep. n. Lo. is a sufficient cause for divorce. The children or descendants of the deceased. by habit. One equal part of a thing divided into two parts. N. 1 Ashm. HABIT. It differed from a usufruct in this. Feud. but this rule has been greatly modified by the 3 . as. 622. 4 Bl. 5. Pamph. R. 1 Bouv. Dalr. haeres suus. one related to an intestate of the half−blood only. 2. F. Pr. Off. parentage. a home−stall. Dalr. Vide Bingh. n. one who succeeds to the whole inheritance. could never inherit. A person given to ebriety or the excessive use of intoxicating drink. as. HAEREDITAS. who has lost the power or the will. 1 Bouv. a store or manufactory. an heir born. A ratification will be inferred from the mere habit of dealing between the parties. Act of June 13. if a broker has been accustomed to settle losses on policies in a particular manner. the officer may break open the outer door of a house to deliver seisin to the demandant. a testamentary heir. a proper heir. 2 N. 115. Lo.same manner as the writ of habere facias possessionem. Haeres natus. fac. Haeres−legitimus. Spellm. this is one who is manifested by the marriage of his parents. but remains in abeyance. Pr. HALF−BLOOD. HALF. Execution. they are of the half−blood. one’s own heir. could only use it for the residence of himself and family. or with the silent approbation of his principal. an heir to whom the estate is given in trust for another. Com. 149. and has by her another son. either in fact or in contemplation. practice. 2.

4 Sharswood’s cont. Com. 2523. 4 Sharswood’s cont. But unless the injury to the person be of a grievous and material. 1837. Hibbert. The crime of hamesucken consists in "the felonious seeking and invasion of a person in his dwelling house. He told a friend of his that he had spent many a night in looking at his great toe. 3. if. It is the peculiar form of a defence. Jur. A gold coin of the United States. cont." This state of mind is sometimes called delusion or waking dreams. Maladies Mentales. _3. t. Litt. 1 Coll. S. and one hundred of alloy. Bostock’s Physiology. it is . &c. 3. t. in his imagination. An attempt has been made to distinguish hallucinations from illusions. Reeves on Descents.. commit an assault. voc. of Story’s L. the former are said to be dependent on the state of the intellectual organs and.. Of one thousand parts. 12. Y. of the value of five dollars. Of one thousand parts. 19. s. of the value of one two−hundredth part of a dollar. 4. U. HALF DEFENCE. 135 b. 4 Sharsw. S. Co. A copper coin of the United States. p. 4. med. as the foundation of a sentence or decree. Vide Money. of N. Stat. courts. 1837. s. of Story’s L. U. Law of Scotl. from any illegal motive. on that of those of sense. In the computation of time. or employed to some public uses. 199. An instance is given of a temporary hallucination in the celebrated Ben Johnson. about which he had seen Turks and Tartars. money. 3. or occasional residence.. 4 Kent. instead of being temporary. the poet. The place where the assault was committed must have been the proper dwelling house of the party injured. "venit et defendit vim et injuriam. HALF EAGLE. Index. on Lun. the latter.and 4 Wm. 2523. money. 1837. Rev. although in itself entitled to some credit. 91. 86. 1. 4. 2523. It weighs twenty grains and five−eighths of a grain. of the Cr. by which "an idea reproduced by the memory is associated and embodied by the imagination. and not only by effraction of the building by actual force but by an entry obtained by fraud. Act of January 18. 4. HALF SEAL. h. Ray. nor does the violence without an entry with intent to. Alderson and Farrar’s Essays. the violence has been meditated. HALMOTE. 2. Of one thousand parts. part 1. this affection of his mind had been permanent. Vide Money. the offence maybe committed equally in the day as in the night. money. S. 312. 2. Et cetera. 34. while half proof is that which is insufficient. 8 and 9. A public building used either for the meetings of corporations. nine hundred are of pure silver. HALL. pleading. The mere breaking into a house. 1 Esquirol. 106. 456. semiplena probatio. The name of a court among the Saxons. 1837. civil law. Scotch law. It weighs eighty−four grains. It is a species of mania. Scott on Demonology. Vide Money. though in some states some distinction is still preserved between the whole and the half−blood. of Story’s L. 159. nine hundred are of pure silver. HALF−BROTHER AND HALF−SISTER. with the intention of inflicting personal violence. It had civil and criminal jurisdiction. or five cents. It is necessary that the invasion of the house should have proceeded from forethought malice. Act of January 18. which is as follows. In this country the common law principle on this subject may be considered as not in force. n. HALLUCINATION. IV. 538. If. Vicat. without personal violence. A silver coin of the United States. Vide Defence. U. c. of the value of one− twentieth part of a dollar. 4 Sharsw. properly so called. Alison’s Princ. HAMESUCKEN. 1 M’Cord. 4. med. It differs from full defence. It weighs one hundred and twenty−nine grains. S. money. 2. Dane’s Ab. character. Vide Descents. cont. note. U. or five mills. Probatio. _99. HALF PROOF. HALF YEAR. 115. 8 and 9. on the subject of spectral illusions." &c. Romans and Carthagenians. 2 Yerg. and not a place of business.. nine hundred are of pure gold. a half year consists of one hundred and eighty−two days. 2523. Burnett. et dicit. fight. c. It is the combination of both which completes the crime. Med. visit." 1 Hume. the town hall. A silver coin of the United States of the value of fifty cents. See. followed by its perpetration. Vide Money. Full proof is that which is sufficient to end the controversy. Jur. vol. 403. passim. Act of January 18. jur. does not constitute the offence. S. 1. and one hundred of alloy. HALF DOLLAR. 1 Beck. as the city hall. either in ecclesiastioal or marine causes. although it may not have proceeded from the desire of wreaking personal revenge. of Story’s L. or the same mother but different fathers. he would doubtless have been considered insane. and one hundred are of alloy. but it is sufficient. HALF DIME. Formerly this word denoted the chief mansion or habitation. It weighs two hundred and six and one−fourth grains. Persons who have the same father but different mothers. 161. HALF CENT. Act of January 18. A seal used in the English chancery for the sealing of commissions to delegates appointed upon any appeal.

HAND. but in order to put him completely in the wrong. 1 Ruffin’s R. among all the northern nations. Anthon’s N. as if B writes a good hand. 2. See Measure: Ell. in pursuance of a judgment of a competent court. Eng. for in cases where the harborer has not committed any other wrong than merely receiving the plaintiff’s wife. In a figurative sense. P. until life is extinct. 3 Bl. 4. To receive clandestinely or without lawful authority a person for the purpose of so concealing him that another having a right to the lawful custody of such person.) which comes from manu dat. & Rawle. 5 John. 144. 134. HANGMAN.) HAP. To HARBOR. 448. v. Com. Inst. lib. 2. HANGING. It is sometimes necessary to prove that a certain instrument or name is in the handwriting of a particular person. M. 77. 2 Nott & M’Cord. Com. 2 Greenl. venditio per mutuam manum complexionem. a haven. (q. or from personal spite. t. Death by the halter.. Formerly the hand was considered as the symbol of good faith.. 19 Johns.law. and some contracts derive their names from the fact that the hand was used in making them. H." Techn. 14. R. 5. 2 Bl. That part of the human body at the end of the arm. Com. the Roman hand. 4 Bl. 223. R. according to law. The harboring of such persons will subject the barborer to an. ch. any navigable water protected by the surrounding country. condemned to suffer death. 4 Scam. 249. Index. Car. This term wag formerly used in England instead of the now modern term burglary. When this is the case. Bac. in order to deprive the hushand or the master of them. who saw the paper or signature actually written. as. v. as. HAMLET. It is four inches long. In process of time the same word was used to signify the price or earnest which was given immediately after the shaking of hands. "to hap the rent. c. 2 John. 49. evidence. 6. Dr. or in a less technical sense. 1 Dall. _335. A printed or written notice put up on walls. 3. in order to inform those concerned of something to be done. or by one who has by sufficient means. 4. Dane’s Ab.. 227. An old word which signifies to catch. 6. h. child. In some parts of the country it is usual to speak of hand money as the part of the consideration paid or to be paid at the execution of a contract of sale. torts. 400. or to hold it up.not hamesucken. or instead thereof. Hand is also the name of a measure of length used in ascertaining the height of horses. he is required to lay his right hand on the Bible. 211. shall be deprived of the same. 215. 422. de Antique Jure Germanico. 33. (q. or any other which is intelligible. he may be under no obligation to return them without a demand. A mode of capital punishment. S. 3. the harboring of a wife or an apprentice. liv. it is immaterial whether the violence be done lucri caus. as will enable him to swear to his belief. Dig. U. 3. 1. Ev. 23. 5 How. The name usually given to a man employed by the sheriff to put a man to death. v. Law of Scotl. action for the injury. a demand should be made for their restoration. 2 N. a sale thus made was called handsale. t. the court hand. law. that is done either by the testimony of a witness. The punishment of hamesucken in aggravated cases of injury. Law Repos. contracts. Dane’s Ab. t. 10 N. n. Alison’s Pr. L. though the other requisites to the crime have occurred. Fr. t. the secretary hand. Rep.) mandatum. The same as executioner. or apprentice. HARBOR. A place where ships may ride with safety. h. as handsale. HANDSALE. an arbitrary punishment. 498. and when one is sworn as a witness. it is the reception of persons improperly. 33. acquired such a knowledge of the general character of the handwriting of the party. Wills and contracts may be written in any of these. Ab. This is the name of one of the offices belonging to the English court of chancery. 1 Chit. Toull. Stark. v. of Cr. Almost every person’s handwriting has something whereby it may be distinguished from the writing of others. HANDWRITING. Cas. 668. 2. R. 564. a part or member of a vill. a custom still retained in verbal contracts. 435. 1 Phil. and he is asked to hold up his right hand. . Dict. by the neck. h. 554. n. Eng. that the handwriting of the person is the handwriting in question. 7 Com. Pr. Rep. Anciently. Index. Civ. (q. The hand is still used for various legal or forensic purposes. Pr. and lawful warrant. HANDBILL. HANAPER OFFICE. 9. 2. 6 Serg. Ersk. is death in cases of inferior atrocity. Heineccius. 2. 447. Evidence. A small village. (q. &c. Scotl. 1 Nott & M’Cord. When a person is accused of a crime and he is arraigned." to hap the deed poll. shaking of hands was held necessary to bind a bargain. h. &c. Ev. punishment.) It is public property. Bouv. Various kinds of hand have been used. and this difference is sometimes intended by the term. by hand is understood a particular form of writing. t. 247. for example. or the suspending of a criminal.

or in case of his death or inability. Armand. 4 Bl.) TO HAVE. whether coming from a foreign port or some other part of the United States. 1 Paris & Fonbl. S. or in consequence of some tortions act unconnected with a contract. and the lender may lose all or some part of his principal. express or implied. civil law. 201. ignorance. Com. may issue his warrant to the marshal of the district court within which the supreme court is by law to be holden. The misconduct of medical men. 596. 90. 1 Rolle’s Ab. This labor is not greater than many freemen perform voluntarily. Sect. at the seat of government. Hist. when a contagious disorder prevails in his district. the natural agreement and concordant dispositions of the parts of the living body. 352. 162. in such place. − 1. Port. These words are used in deeds for the conveyance of land. By the sale of unwholesome food. Private injuries affecting a man’s health arise upon a breach of contract. 564. Offences against the provisions of the health laws are generally punished by fine and imprisonment. depends on an uncertain event. 2d. These are offences against public health. 3 J. R.133 to 141. 1 Saund. 2 East’s P. HAWKERS. 4. and frightening. To prevent impositions they are generally required to take out licenses. as selling unwholesome provisions. 1769 1 Bouv. and so situated. in regard to the surrounding land. c. Power of Eng. 1st. Public health is an object of the utmost importance and has attracted the attention of the national and state legislatures. The judge of any district court may. It may be defined. 2d. 15 East.HARD LABOR. into another district. 2. 1. it is enacted: 1. the president of the United States may direct the removal of any or all public offices to a place of safety. though the law does not consider a sale to be a warranty as to the goodness or quality of a personal chattel. when. Breaking quarantine. 1 Hale. 2. Bac. 4th. A stag or male deer of the forest five years old complete. Public nuisances. 4. 312. shoemaking. 2. R.−2. C. 197. In those states where the penitentiary system has been adopted. 3. R. 3d. 10. Mar. St. and which arise from tortious acts unconnected with contracts. For private injuries affecting his health a man may generally have an action on the case. By sudden alarms. cause the removal of persons confined in prison under the laws of the United States. 37 to 39. 707. 2. but now he is an officer subordinate to constable. 6. HEAD BOROUGH. Marsh. 3. n. as part of their punishment. the senior associate justice of the supreme court of the United States. J. Essay on the Legisl. The same as Habendum. 5. . they injure their patients. under regulations established by the local laws of the states. and such like employments. Hale. 10. it is lawful for him to charge more than lawful interest for the use of his money. 7. or wanton experiments. 304. the most perfect state of animal life. HART. 2. 84. Road. Com. v. HEALTH. art. U. pl. through neglect. which shall be established by the laws of any state. punishment. as by raising a pretended ghost. When the performance of that which is one of its objects. it is otherwise with regard to food and liquors. When a contract is hazardous. English law. Persons going from place to place with goods and merchandise for sale. Private nuisances. Civ. (q. HAZARDOUS CONTRACT. law. The name of a small duty paid to the captain and mariners of a ship. Sect. In the penitentiaries of Pennsylvania it consists in being employed in weaving. that the vessel may ride at anchor in it in safety. mar. Those injuries to health which arise upon contract are. 5. the chief justice. are sentenced to perform hard labor. That the quarantines and other restraints. under the provisions of the act. 5. Inst. 1799. (q. Sect. 1 J. Com. 2. the contract is said to be hazardous. Smith’s Forens. HAVEN. shall be observed and enforced by all officers of the United States. under the same circumstances. directing him to adjourn the said session of the said court to such other place within the same or adjoining district as he may deem convenient. 2. v. 3. and the quantity required to be performed is not at all unreasonable. 4 Bl. Med. HAT MONEY. Marsh.) Vide Habendum. Co. 6 East. such for example. in that clause which usually declared for what estate the land is granted. Formerly he was a chief officer of a borough. In case of the prevalence of a contagious disease at the seat of government. 351. 4 Campb. note 25. Vide Creek. 4. have the same power to adjourn to some other part of their several districts. respecting any vessels arriving in or bound to any port or district thereof. 6. n. In case of such contagious disease. Tenendum. are. convicts who are to be imprisoned. 1 Story’s L. 88. By the act of Congress of the 25th of February. 1st. 3 M. A place calculated for the reception of ships. And the district judges may. Law. 1. de Port. Usury D. Sect. Freedom from pain or sickness. 822. punishable by the common law by fine and imprisonment. into another district. Those injuries which affect a man’s health. Sect. J. & S. usually called primage. Ab. of Lo. 429. 5. In times of contagion the collectors of the revenue may remove. 2 Chit.

hearing is given to the trial of a chancery suit. 14 Vin. on Cr. 729. 2 Russ. − 6. what he swore to is in general. Vide Declarations. et seq. 3. 1 Hawks 45. Id. c. s. − 4. See Further hearing. or on account of the absence of a witness. 6. 2. HEDGE−BOTE. 218. the offence charged is not made out. 6 Pet. 2 Russ. The examination of a prisoner charged with a crime or misdemeanor. was held to be . however. T. Com. to law. 11 John. and he is since dead. 683. 683. n. and he is the sole judge of the amount of bail to be demanded this. R. 215. The magistrate should examine with care all the witnesses for the prosecution. for the rules in courts of equity. 2. 3. St. If. also. p. HEARING. on Cr. or commit him for a further hearing. in bailable offences. ch. 234. or to be otherwise disposed of according. 2 Hen. it seems. he must be committed to the county prison. 4. But see 14 Mass. Cr. 15. 535. and that the case ought to be examined in court and the prisoner ought to be tried. and submits to the court his arguments upon them. then the same course of proceedings is observed on the other side. after which the plaintiff’s leading counsel states the plaintiff’s case. R. exceptions to the rule. but what they have heard from others. There are perhaps a few more exceptions which will be found in the books referred to below. − 7. 342. 233. 4 Hawks. 40. The name of an officer invested with power to enforce the health laws. 3. & Rawle. if made out. Ev. 7. as to receiving hearsay evidence 20 Am. t. 3. − 5. not what they know themselves. Cooke. 2 Russ. unless the magistrate discharge the prisoner. HEARING. 19 to 24. The declarations of deceased persons in cases where they appear to have been made against their interest. must not be excessive. 5. 7. when it is a part of the res gestae. it must amount to common tradition or repute. 16 John. Pr. 4 Dev. 3. 193. Dig. C. The dying declarations of a person who has received a mortal injury. Rosc. the pleadings on each side are opened in a brief manner to the court by the junior counsel for the plaintiff. Dane’s Ab. hearsay evidence of a fact is not admissible. but. 20. HEIFER. the leading counsel for the plaintiff is then heard in reply. The evidence of those who relate. 47. s. 22. 1. A young cow. Com. Hearsay is admissible when it is introduced. K. Declarations in cases of birth and pedigree are also to be received in evidence. When the defendant can give the bail required. 1 Phil. 3 Bouv. 341. either take bail from the prisoner for his appearance on that day. and the party by whom it was committed. h. 218. c. − 2. 2. common reputation is admitted to be evidence. but as being in itself a part of the transaction in question. and the notes. after the hearing of all such witnesses. 153. 8. 72.HEALTH OFFICER. Ev. it is his duty to take bail in bailable offences. 8. 1 Phil. after which the rest of the plaintiff’s counsel address the court. C. 7. 35. 39. he may adjourn the case to −another day. Vide also. & Munf. after which the court pronounces the decree. Wood used for repairing hedges or fences. whether the offence be bailable or not. 3. 116. Eq. The hearing is conducted as follows. Rosc. 275. 6. R 142. See 3 Ham. and of the witnesses for the accuser. 6 Litt. 4 Wash. If any fact is to be substantiated against a person. When the magistrate cannot for want of time. 446. as to the fact itself. are good evidence under certain circumstances. Boundaries may be proved by hearsay evidence. see Gresl. 9. he must be discharged. 4 Day. Tr. the matter charged is not criminal. to take his trial. 193. Ev. B. 3. See 1 Chit. not as a medium of proof in order to establish a distinct fact. 3065. 68. Law. Civ. and the points in issue. 2. R. on Cr. Bac. Newl. When the cause is called on in court. and 15 John. 17 John. Cr. the magistrate is bound to discharge the prisoner. Ab. Index. A beast of this kind two years and a half old. chwncery practice. ch. Dig. and such parts of the defendant’s answer as support the plaintiff’s case are read by the plaintiff’s solicitor. between the same parties. 2. Inst. Ev. evidence. it ought to be proved in his presence by the testimony of a witness sworn or affirmed to speak the truth. Evidence. 2 Bl. if it be replied to. What a witness swore on a former trial. 283. Ev. 6 East. pt. He is the sole judge. Ev. In questions concerning public rights. 286. After a final hearing. 1 Stark. and where the same point was in issue as in the second action. Phil. HEARSAY EVIDENCE. law. when not. The term. 4. There are. or. 2. 4. 28. Ev. The powers and duties of health officers are regulated by local laws. 176. or so many of them as will satisfy his mind that there is sufficient ground to believe the prisoner guilty. 1. 2 Show. 21 How. have been admitted. 3. 2. and. 7. however. which has not had a calf. − 3. Jur. As a general rule. R. crim. close the hearing at one sitting. excepting that no part of the defendant’s answer can be read in his favor. 265. Chancery. Ab. 14 Serg. Then the depositions (if any) of the plaintiff’s witnesses. 10.

or the state. and who have been established by law to take the succession. By the civil law. One who has an indefeasible right to the inheritance. 1 Leach. If the heir apprehend that the succession−will be burdened with debts beyond its value. The executor of the common law is. for it cannot be said that those who are born dead ever inherited. Code of Lo. art. 533. a marriage contract. it is necessary then that the child be born alive. By the civil law. 1 Co. tenements or hereditaments. T. 8 a. _508. Accord. 111. APPARENT. civil law. Code of Lo. Nevertheless. B 2. R. art. 155. It is an established rule of law. not a bastard. executors unless expressly authorized by the will and administrators. Forced heirs are those who cannot be disinherited. . or heir by intestacy. provided it be capable of succeeding at the moment of its birth. Id. Ambl. Vide Forced heirs HEIR. may transmit their estates as intestate ab intestato. COLLATERAL. 949. was called the testamentary heir. Under the word heirs are comprehended the heirs of heirs in infinitum. have no right. 931. 208. 229. and in that case he is responsible only for the value of the succession. A conventional heir is one who takes a succession by virtue of a contract. of Laws. Godb. 580. 2 Atk. or heirs of the blood. and children. 38. is considered as born for all purposes of its own interest. sister. after its conception. CONVENTIONAL. A collateral heir is one who is not of the direct line of the deceased. 948. Co. Abr. Lit. BENEFICIARY. R.. and inherit from others. Heir. called the heir at law. nor collateral relations. 10. not unlike the testamentary heir of the civil law. in order to effectuate the intention of the testator. 4. Coparceners. as to the force and import of this word. P. The person who was created universal successor by a will. he accepts with benefit of inventory. 2 Vent. 1 Burr. Beneficiary heirs are those who have accepted the succession under the benefit of an inventory regularly made. 794. 1 Brown’s Civ. irregular heirs are those who are neither testamentary nor legal. it is only in the hope of its birth. provided he outlive the ancestor. HEIR. Abr. 5 East Rep. except to the personal estate of the deceased. Civ. as. 3 Bro. 2 P. niece. being an estate of inheritance. IRREGULAR. 388. In wills. Confl. Abr. Co. 253. 9 a. Bac. 5 Burr. the law calls to his inheritance either the surviving hushand or wife. GENERAL. According to many authorities. if the child conceived is reputed born. HEIR. 369. Beame’s Glanville. 630. By the common law. Code of Lo. 938. on. which entitles the heir to the succession. The heir at common law is he who. 313. HEIR. A term used in the civil law. the civil law. 189. See In ventre sa mere. 1. Abr. in cases of intestaby. 60. &c. Wms. as it is understood by the common and by. and the next of kin by blood was. Estates in fee simple. after his father or ancestor’s death has a right to. 1. P. a brother. the administrator ln many respects corresponds with the heir by intestacy. the term heirs was applied to all persons who were called to the succession. a nephew. Eliz. 105. p. Abr. 2 Bl. 233. 273. In Louisiana. Descent. 2 East. See inventory. whether by the act of the party or by operation of law. See Civ. whereas. There are several kinds of heirs specified below. 874. C. 89. Bac. tenements and hereditaments. to which the Civil Code of Louisiana has added irregular heirs. 311. C. Ambl. 69. that God alone can make an heir. heir may be nomen collectivuum. It is proper here to notice a difference in the meaning of the word heir. or cousin of the deceased. 1 Thomas. 26. This is called an irregular succession. sed vide 2 Prest. 10 Vin. 879. art. and right of blood. FORCED. or his or her natural children. 7 b. who succeeds by descent. 6. Wms. benefit of. Lit. and is introduced into all his lands. All free persons. B. 766. He must be of the whole blood. & Walk. HEIR. 11 Mod. 2615. 454. the word heirs is sometimes construed to mean next of kin. Heir at common in the English law. Abr. Again. Cro. The child in its mother’s womb. Civ. 2. 945. 1 T. but comes from a collateral line. Est. 143. for example. Com. HEIR. pl. Civ. 317. and Butler’s note.improperly described in the indictment as a cow. 1 Roll. HEIR. 1010. 8 Vin. as well in a deed as in a will. 453. 8 Vin. Id. in many respects. See further. When the deceased has left neither lawful descendants nor ascendants. and operate in both in the same mannar. an uncle and aunt. 2 Black. HEIR. They are also divided into unconditional and beneficiary heirs. 344. as heirs in the plural number. lunatics. Litt. to lands. heirs are divided into testamentary or instituted heirs legal heirs. One born in lawful matrimony. 4 Ves. 1 Jac. Law. 911. 3. Wood’s Inst.. Jones. Code of Lo. 5. it takes all successions opened in its favor. 1 P. Story. 233. alien. 616. This term is used among the civilians. persons of insane mind or the like. even minors. 9. the heir by the civil law was authorized to administer both the personal and real estate. 237 b.

art. He is so called to distinguish him from the legal heirs. or geloma. or co−heirs. is drawn to a more general signification. Co. law. or without making an inventory. & P. 221. 1 Inst. They are chattels which. and from conventional heirs. It is the art. 876. descend to the heir. . HEIR PRESUMPTIVE. R. _6. Ab. but accrue to the heir. they are called co−heiresses. A legal heir is one who is of the same blood of the deceased. the fathers and mothers and other lawful ascendants. Dane’s Ab. may descend to the heir. HEIRESS. civil law. A testamentary heir is one who is constituted heir by testament executed in the form prescribed by law. it cannot therefore. whether their acceptance be express or tacit. Essex. the children and other lawful descendants. 3 Kent. It also teaches whatever relates to the marshaling of cavalcades. but not the inheritance itself. cupboards. A term used in the civil law. Co. which consists in the right to feed one’s cattle on another man’s ground. Civ. to weave in. be it corporeal or incorporeal. 91. after his ancestor’s death intestate. viz. 2 B1 Com. HERALDRY. who are so constituted by a contract inter vivos. TESTAMENTARY. Some derive the word loom from the Saxon loma. who are called to the succession by the law. 28. 251. UNCONDITIONAL.. 291. pt. 503. s. English Law. prima facie a life estate. Litt. art. See Haeres factus. HERBAGE. at the first. 372. 2. 13. a frame. Com. art. HEIR. or of which he was seised. did bear. In Louisiana. art. Com. n. tables. estates. practice. Litt. 14 Vin. processions. Code of Louis. Litt. that is. A presumptive heir is one who. Com. and the collateral kindred. by time. (q. to wit.) HEIR. HEPTARCHY. real. et seq. 3 a. wainscots.. personal. Devisee. Kent. bedsteads. as well as after the opening of the succession. estates.HEIR AT LAW. 2. together with the land. on their establishment in Britain so called because it was composed of seven kingdoms. but also heir looms. are never inventoried after the decease of the owner. the keys of a house. civil and canon law. by custom. 1 Chit. HEIR LOOM. 185 b. note T. 1595. deeds. 1.t. Mercia. h. However this may be. Civ. Code of Lo. with the house itself minsheu. A species of easement. tit. Inst. Wood’s Inst. 219. or mixed and including not only lands and everything thereon. along with the inheritance. The same as heir general. by its own intrinsic force. by the custom of some countries. Encyc. Pr. LEGAL. into a fee. There are three classes of legal heirs. and Shep. the presumptive heir is he who is the nearest relation of the deceased. That which is inherited. Ab. The term heir looms is applied to those chattels which are considered as annexed and necessary to the enjoyment of an inheritance. has a right to all lands. Cro. Bro. 2. Hereditaments are divided into corporeal and incorporeal. this is different from a testamentary or conventional heir. He who. de Jurisp. c. who takes the succession in virtue of the disposition of man. and do not pass to the executor of the last proprietor. as chattels. 2 B. Civ. 883. The art or office of a herald. having belonged to a house. The name of the kingdom or government established by the Saxons. Cruise’s Dig. To. together with the box or chest in which they are contained. A female heir to a person having an estate of inheritance. adopted by the Civil Code of Louisiana. 2 Bouv. 1. which belonged to him. By this term such things are denoted. Co. (q. Charters. and Northumberland. Corporeal hereditaments are confined to lands. v. than it. Unconditional heirs are those who inherit without any reservation. pl. and other public ceremonies. 875. v.. and blazoning arms or ensigns armorial. Dict. This word seems to be compounded of heir and loom. Charters. and hereditaments. See Civil. and certain furniture which. Eliz. 5 b. capable of inheriting. This quality is given to him before the decease of the person from whom he is to inherit. the word loom. HEREDITARY. Index. 321. Wessex. which signifies utensils or vessels generally. civil law. as. 2 Bl. enlarge an estate. as may be the subject−matter of inheritance. Id. 878. 203−229. Eng. East Anglia. tenements. 1 Tho. Heritier legitime. Ridley’s View of the Civil and Canon Law. Sussex. and fish in a fish pond. contrary to the nature of chattels. are all heir looms. presses. 1. 873. 219. 17 b. in the present circumstances.) Vide Incorporeal hereditaments. and who takes the succession by force of law. Code of Lo. When there is more than one. or science of recording genealogies. would be entitled to the inheritance. until he has accepted or renounced it. HEREDITAMENTS. comprehending all implements of household. HEIR. 8 T. 17. Anything capable of being inherited. namely. and other evidences of the title of the land. 7 Rep. 208. Code of Lo. and which. but whose rights may be defeated by the contingency of some nearer heir being born. 2 Bl. 1 Tho.

&c. 3 Hagg. Com. HERMAPHRODITES. 1 Vern. judges of the common law. 4. In England. Eng. 94 to 110. This term. by Christians. (q. 251. 2. directed to such persons as the lord chancellor. she used this instead of the male organ. liv. 3. Eccl. Impuissance. 1 Gall. by heresy is meant the profession. 1 Hagg. 4 Burr.d. and this was called the hierarchy. payable to the lord of the fee. R. united in the same individual. 471. Bac. R. which is frequently used in the laws of the United States signifies the unenclosed waters of the ocean. R. h. Litt. 3. of religious opinions contrary to the dogmas approved by the established church of the respective countries. law. Eng. as high treason. 19. 7. 42. Christianity. HIGH CONSTABLE. Co. the priests were entrusted with all the power but. It is something that can be inherited. 3 Toull. be no legal heresy. Hypospadias. HERIOTS. No permanent judges are appointed. HIERARCHY. Copyhold. In case of the court being equally divided. eccl. et art. therefore. high sheriff. 422. as the custom may be. M. The adoption of any erroneous religious tenet. and heriot custom. law.. for the time being. The persons usually appointed. The sexual characteristics in the human species are widely separated. A hierarchy signified. HIGH SEAS. A render of the best beast or other goods. Med.. c. wore the female dress. Vide Com. Guy. 304. according to some ancient−manuscripts. This word has various signifcations: 1. She lived till she was sixty years of age. They are usually divided into two sorts. 3. 9. Plowd. Eccl. the former are such as are due upon a special reservation in the grant or lease of lands. as high seas. Persons who have in the sexual organs the appearance of both sexes. 472. K 18. Vide Apostacy. C. 314. not warranted by the established church. are three puisne judges. VIII. Ab. Vide 1 Briand. originally. P. under the great seal of Great Britain. HIGH. 250. a commission of adjuncts issues. happily. to the lord. there were different degrees of power and authority. Open. 384.g. she married a woman. in whatever mode they may have been acquired. 2251. s. 167. law. 2. such as lands. and by fine and imprisonment. in the United State. His powers are generally Iimited to matters of police. a fuller commission is sometimes issued. see Giannoni’s Istoria di Napoli. vol. or knight’s fee. The name of a court esthlished by stat. as high constable. For an account of the origin and progress of the laws against heresy. &c. either by descent or purchase. 4. Jur. art. Dr. and also those waters on the sea coast which are without the boundaries of low water mark. Her clitoris was five or six inches long. power of the priest. for in the beginning of societies. at the summit of which was the sovereign pontiff. art. des Sciences M. perhaps. the latter arise upon no special reservation whatsoever. 2. They are adjudged to belong to that which prevails in them. at twenty−five. which she had acquired by her industry and enterprise.d. This is punished by the deprivation of certain civil rights. v. ii. Jur. and three or more civilians. 47. p. Com. measures. In other countries than England. Co. Medical Examiner. but in every case of appeal to this court. but in special cases. . t. n. and assumed the name of Rees. in a lecture delivered to the Philadelphia Medical Institute. and therefore amount to little more than a mere rent. heriot service. we have no established religion. lord keeper.HERESY. n. _2. 2. vol. houses. t.) HIGH COURT OF DELEGATES. and civilians. 731. 2 Dunglison’s Hum. Prominent. Litt. contained one hundred and twenty acres. one from each court of common law. Domat. 1 East. 84. These are defined to be a customary tribute of goods and chattels. not confined. a hide of land. and died in possession of a large estate. or lords commissioners of the great seal. among the priests themselves. 2. 3. 441. in a bad sense. there issues a special commission. 2. HERITAGE. 1. and in coition. and are not more extensive in these respects than those of constables. gives an interesting account of a supposed hermaphrodite who came under his own observation in Chester county.. and till the age of eighteen. or no common law judge forming part of the majority. A species of English military service. three of each description. not so much the power of the priests as the border of power. pp. h. The individual was called Elizabeth.. L. Dict. An officer appointed in some cities bears this name. shall think fit to appoint to bear and determine the same. Dig. Principal or chief. Now it signifies. with the dress and habits of a man. on the death of the tenant. 2 Bl. every species of immovable which can be the subject of property. 5. Physiol. orchards. 2 Saund. Lois Civ. appointing additional judges of the same description. and the two sexes are never. 2 Hagg. Pennsylvania. 2 Bl. c. 25 Hen. By this word is understood. woods. but depend merely upon immemorial usage and custom. consisting of spiritual and temporal peers. Co. 93. on the decease of the owner of the land. Touchst. t. among the civilians. Litt. William Harris. Ecel. 2. 1. but had no children. 1 Beck’s Med. 97. 2. 4. when she threw it off. English law. there can. s. s. which she greatly enjoyed. HERISCHILD. lndex. ponds. HIDE. 2 . marshes.

275. or Locatio conductio rei. that if any person shall commit upon the high seas. Parties. A robber on the highway. Dig. being thereof convicted. 18 and the owner may recover the possession in ejectment. S. The Act of Congress of April 30 1790. 2511. shall suffer death and the trial of crimes committed on the high seas. 2. 147. Chemin. The term highway is said to be a generic name for all kinds of public ways. One of the four terms of the courts. 334. 2645. Letter. beginning the 11th and ending the 31st day of January in each year. 16. Locatio operis faciendi. Secondly. but this rule does not extend to private ways. 142. and he may use the land above and below consistently with the easement. 180. Abr.. See 4 Dall. Ab. 1 Bouv. 1710. 502. subject to the public easement. If the highway is impassable. Treason against the king. 483. 1 Halst. Mec. 9 Serg. note 1. See Petit treason. 15 Johns. 1 Shepl. R. 1. or in any place out of the jurisdiction of any particular state. tit. A passage or road through the country. R. contracts. it is said the sheriff may offer the property to the next highest. 122. R. Rep. Co. n. B. 290. 3. 3 Rawle. R. 13 Am. for a compensation. 4.R. enacts. 3 Wheat. 1 Gallis. 8. 16 Mass. Bro. Eng. Civ. The public have an easement over a highway. 357. Rep. 4 _1. the bailment of a thing to be used by the hirer. et seq. Contrat de Louage. 33. Pothier. Adm. see 1 Bouv. R.. 279 1 Mason. 456−7. and the like. or bay. each of one half of the highway. HIGHWAY. R. 32. therefore. 19. Elem. art. Dunl. Woolrych on Ways. 271. 515. Com. murder. H. Lit. Index. Inst. 803. sink a drain or water course. Story on Bailim. pl. 624. 67. and have it delivered to him. 1 M’Cord’s R. 1 Bl. HIGLER. shall be in the district where the offender is apprehended. Law. if the easement remains unimpaired. 624. R. a wife towards her hushand. 1 Bell’s Com. 167. of which the owner of the land cannot deprive them. Rep. Vide Road. ch. are prima facie owners. Jur. R. R. where a compensation is to be given for the use of a thing. 103. 1. _369. 4 Day. 1 Code Civ. R. Locatio operis. Ab. Com. under the highway. at an auction. n. offers the greatest price for the property sold. or the hire of the labor and services of the hirer. and he is considered the highest best bidder. 2 Kent’s Com. 2 Johns. 1 Russ. or for labor or services about it. Ham. 980. C. The owners of lots on opposite sides of a highway. 107. R. 435. 456. Adm. first. Dane’s Ab. 442. by the laws of the United States. Hirer. HIGHEST BIDDER. s. 33. 3.. 2 Haze. 1 Story’S L. h. HIGH TREASON. Eng. t. small articles of provisions. 2 East. 1 Pick. Serg. 1 Yeates. for a compensation to be paid by him. Code of Lo. 454. 6 Mass. Rep. but the soil and freehold still remain in the owner. art. in contradistinction with petit treason. 412. would. for a compensation to be paid by the letter. Pr. P. 1 Pick. R. He may. haven. And this last kind is again subdivided into two classes: 1. C. 2. 495. R. 18. Wellbeloved on Highways. Yelv. every such offender. which. 1. A person who carries from door to door. C. 398. 5 Wheat 184. U. 110. 451. t. 127. HILARY TERM. n. 15 John. 275. 4. if committed within the body of a county. which is the treason of a servant towards his master. & Rawle. where the highest bidder is unable to pay. R. Adams on Eject. 1 Tho. HIGHWAYMAN. 419. English law. h. 336. The highest bidder is entitled to have the article sold at his bid. The contract of letting and hiring is usually divided into two kinds. 4 Burr. 33. 6 Mass. 122. 330. 447. law. for the use of the people. Way. 5.. 5 Mason’s R. 1 N.. provided there has been no unfairness on his part. A bailment. out of the jurisdiction of any particular state. Morg. or in any river. 271. &c. without an express grant. In judicial sales. HIGH WATER MARK. 152. Street. 2. Highways are universally laid out by public authority and repaired at the public expense. and 4 Vin. Const. 250. R. 1 Dall.. 426. a secular or religious man against his prelate. HIRE. Tide. 1 Pick. Locatio. or the hire of labor and work to be done. Conv. 1709. Vide Sea shore. note 1 Barton. or. 255. the public have the right to pass over the adjacent soil. 1 Conn. n. and sells by retail. 2644. or some parts of it. 1. basin. 6 Mod R. by direction of law. who will pay. 84. 3 W. A distinction has been made between the highest and the best bidder. Bac. Vad. law. work a mine. Domat. contracts. 125. That part of the shore of the sea to which the waves ordinarily reach when he tide is at its highest. 2 Bail. See this Dict. He who. R. 2 Mass. be punishable with death. Egremont on Highways. . Inst. Treason. or into which he may first be brought. R. on Cr. Nuisance. 2. 2 Mass. R. Rep. or care and attention to be bestowed on the goods let by the hirer.

c.5. or as a beast of burden. for which the hirer is deemed responsible. 1711. Du Louage n. parts with the whole proprietary interest in the thing. 6. Employer. C. 4. Jones’ Bailm. E. it is voluntary. _1. 4. v. C. C. 1. Bailm. Jur. 9. if a horse is hired as a saddle. n. (q. n. tit. Story. Pothier. 70. In a sale. This contract is not a hiring. is he who takes a thing from another. Bouv. That there should be a thing to be let. liv. Jones’ Bailm. Raym. an implied obligation. mot Louage. the hirer is bound to pay the hire or recompense. N. 3. 2 Saund. part 2. and founded in consent. on the part of the hirer. n. Civ. 2. Wood’s Inst. generally. Louage. because there is no community of profits. 11 Code Civ. 6. − 2. 556. Pothier Louage. t. the principal difference between them being.. n. but it is different from that contract. 19. on condition that the latter will let the former have his horse for the same length of time. to pay the hire or recompense. B. art. 134. 118. when the letter of a carriage and a pair of horses sent his driver with them and an injury occurred. 196. There is. 247. 86. and. Trover. n. in the French law conducteur. the owner parts with it only for a temporary use and purpose. 456. locataire. 2. Jones. Merl. 917. 322. when the bailment. Louage. It has been supposed to be a partnership. R. D. If a carriage and horses are hired to go from Philadelphia to New York. 86. Domat. the hirer has no right to use the horse in a cart. 915. B. mot Louage. Story on Bailm. art. Domat. tit. HIRER. 2. Contrat de Louage. Jones’ Bailm. although by inevitable casualty. Jones Bdilm.. he will be responsible therefor. Index. Raym. p.pert. This title is customarily given to the governors of the other states. in hiring. to do which two horses are required. Story on Bailm. 88. Locatio operis mercium vehendarum. 211. 9 Watts. 2. 13 Johns. 88. Raym. and it is for mutual benefit. n. 1. the use of the thing is its object. 90. Letter. 7. Pothier. 2 Ld. tit. or for a longer period. 1. see this Dict. are governed by the circumstances of each case depend and depend upon rules of presumption of the intention of the parties. 309. tomes 18. and note. means the price given for the use of the thing hired. A price for the hire. Jones’ Bailm. See. This contract is. 103. it involves mutual and reciprocal obligations. 104. And if the thing be used for a different purpose from that which was intended by the parties. 260. n. 4. 256. h. horse. 2. to use it. Id. liv. 19 Toull. 306. 4. Argou. 3. 1710. In some respects it bears a strong resemblance to the contract of sale. the hirer was held not to be responsible. 68.. 47 g. the owner. for example. as. Pothier. 121. Louage n. 3. B. 1 Bell’s Com. strictly speaking. P. 409. the place. B. tit. 68. Const. Toull. s. or the hire and carriage of goods from one place to another. 3. Pothier. Jones’ Bailm. each owning a horse. 2. the thing itself is the object of the contract. & P. Abr. Louage. but if a loss occur. _2. _2. in pr. There is also an implied obligation on the part of the hirer. 1 Rep. the hirer has no right to go with them on a journey to Boston. yet partakes of its nature. for want of a price. Three things are of the essence of the contract: 1. 1.) It frequently takes place among poor people in the country. But see 1 Bos. 2 Ld. R. Dalloz. For example. Poth. Dict. c. R. such a misuser is deemed a conversion of the property. or in a different manner. 1728. 5. 562. _415 6. and the mode of restitution of the thing hired.. Bac. 1. 2 Saund. 1709. _403. 2. The above rules apply to cases where the hirer has the possession as well as the use of the thing hired when the owner or his agents retain the possession. Bailment. Jones’ Bailm. if they are hired for a week. Vide Domat. whether it be the . 5. though no price in money be paid. Poth. 915. 5 Mass. 3 Camp. A title given by the constitution of Massaebusetts to the governor of that commonwealth. or to carry loads. So. 263. the hirer is not in general responsible for an injury done to it. and which. Louage. 3. lib. 2 Bulst. that in cases of sale. c 35. 1 Meigs. Code Civ. and desirous to plough their respective fields. Hire also. A contract possessing a legal obligation. one agrees that he will let the other have his horse for a particular time. is not the contract of hiring. HIS EXCELLENCY. 404. 1. Bailm. Vinnius. 4. 27. art. Inst. 3. 5 Esp. Letter. 4 T. 47 g. According to Pothier. nor is it a loan for use. 20. is determined. Car. tit. 909. 10 Am. he has no right to use them for a month. in the civil law. There is a species of contract in which. 189. and pays a compensation therefor. 85. R. The time. In short. R. 5. Code of Lo. This contract arises from the principles of natural law. the hirer is not only responsible for all damages. 68. and in cases of hire. n. 2. 1 Cowen’s R. not only to use the thing with due care and moderation but not to apply it to any other use than that for which it is hired. it is an agreement which must be classed with contracts do ut des. Another implied obligation of the hirer is to restore the thing hired. 454. like those in other cases of bailment. 236. 25. 8. art. procureur. He gives the following example: two poor neighbors. n. conductor. 2640. ruled by. strictly speaking. Inst. 458. Const. _371. because there is to be a recompense. 5 Esp. R. Called. c. in general. 121. So. art. 2 Ld. contracts. for a compensation. 3. the same principles which govern the contract of hiring. 459. 68. 2 Kent’s Com. Domat.

10 Ves. Art. besides being evident proofs of the ignorance of the makers of them. R. Houard. Liege. Beames. 492. R. 500. When a proper notice has been given. A measure of wine. Vide 2 Yeates’ R. The form in law French was. Anglo Norman. Cout. tom. Vide Bill of Exchange. Jeo deveigne vostre home. that he is his man. had leased to the former. Instances of this wretched legislation are everywhere to be found. HOLDING OVER. See Manor. HOMESTALL. 539. These words are now used in a deed to express by what tenure the grantee is to have the land. 2. 1 Salk. 372. *50. part 2. 6 C. The mansion−house. 5 Id. this injury is remedied by. 8 Serg. & P. But these facts must be of a public nature. to decree. that is. Vide Heir. 2 Serg. 1 Ventr. a descent. R. containing half a pipe. will be considered the holder for the purpose of transmitting notices. & Rawle. Vide Title. 16 Pet. shall. a. Homestead farm does not necessarily include all the parcels of land owned by the grantor. oil. HOERES NATUS. one made an heir by the testator. the boundaries of a county. 218.. though lying and occupied together. HOLOGRAPH. 2. and entitled to receive payment either from the drawee or acceptor. escaping into another. such as the custom of a particular town. 248. 2. as Thaumas informs us. HOERES FACTUS. Ev. was borrowed from the French. Such acts. Histories are not admissible in relation to matters not of a public nature. 3 Id. 523. R. It also signifies to bind under a contract. Skin. A title given by the constitution of Massachusetts to the lieu− tenant governor of that commonwealth. 2 Serg. Homage was liege and feudal. 3. without the consent of the landlord of premises which the latter. To hold. The place of the house or home place. also means to decide. 53. and the like. sec. 4 Com. Jones. it is provided. 354. & R. It. and Notoriety. crim. his subject or vassal. An acknowledgment made by the vassal in the presence of his lord. HOMAGE. 334. See Barring on the Stat. be discharged from such service or labor. and the general usages and customs of the country. 30 Howell’s St. law. under local regulations. 2 Serg. 5 Binn. P. 486. s. law. Glanville. 164. or both. or of their want of good faith. HISTORY. 3 John. on the ground of their notoriety. Const. or those under whom he claims. R. 2. 1 Binn. in consequence of any law or regulation therein. but shall be delivered up on the claim of the party to whom such service or labor may be due. and seems to have meant a service that was personal and inevitable. and is considered as an assignee. 385. either by endorsement or delivery. This is the . made without his express or implied authority. The same as Olograph. See 9 Ves. HOGSHEAD. after the term has expired. 449. & Rawle 174. 228. civil law. Facts stated in histories may be read in evidence. 623. S. In the constitution of the United States. 14. and the like. or sixty−three gallons. The holder of a bill of exchange is the person who is legally in the possession of it. Mansion. 1. 2 Hall. the fourth part of a tun. 4 Dall.official designation in their constitutions and laws or not. C. p. R. 554. by summary proceedings. HOMICIDE. Vide Habendum. The clause which commences with these words is called the tenendum. And one who endorses a promissory note for collection. Skin. HIS HONOR. civil law. 459. as the obligor is held and firmly bound. 674. HOLDER. he on whom an estate descends by operation of law. The port where the owner of a ship resides. 123. 5 Serg. or. 1 Binn. A name given to a legislative act which embraces many subjects. According to Blackstone. Eng. 2 Pick. art. 216. 606. & Am. Rep. evidence. 241. 511. 248. 15 John. Bull. C. it is the killing of any human creature. Tr. C. _3. 7 Pet. 52. are calculated to create a confusion which is highly prejudicial to the interests of justice. as. 471. the latter to the lord. as the mayor of a city. HOME PORT. 1. What is written by one’s own hand. S. notes. 1 Phil. and is to be gathered from the context. The recital of facts written and given out for true. 2. T. 215. HODGE−PODGE ACT. H. 20 John. 4. 6 How. ejectment. 11. Vide Olograph. HOMESTEAD. TO HOLD. Legislation. as an agent. An heir instituted by testament. & Rawle. 7 N. 306. An heir by intestacy. 2. that no person held to service or labor in one state under the laws thereof. 112. This depends upon the intention of the parties when the term is mentioned in a deed. 4. Tenendum. note. this is a relative term. the court in that case held that the hushand was not liable for the contract of the wife. The former was paid to the king. 281. 3. 1 Wash. 177. 399. to adjudge. 347. Vide Heir. is also customarily given to some inferior magistrates. c. 44 Rawle. The act of keeping possession by the tenant. 586. & Rawle. U. 149.

2 Inst. according to law. Fost. c. and . . t. 267 to 292. and without any inadvertence in the party killing. Thesaurus. Com. h. 7 Toull. Com. includes both man and woman.) 4 Bl. 2. as the fee paid to counsel. which includes. Excusable homicide is of two kinds 1st. Vide Criminal conversation. from any other cause. 1 Hale P. Se defendendo. Justices. the offender is called felo de se. To accept a bill of exchange. in some cases. similiter dicere. to do justice and to prevent injustice. The very object of social order is to promote honesty. principle. s. Murder. v. It is usually applied only to the recompense given to persons whose business is connected with science. Rep. Dig. See Justifiable Homicide. Homicide per infortunium.. − 2. all persons being equal in the eye of the law. or felonious. 255 to 837. Com. (q. and chastity in a woman. Law. 1 East. To deprive a woman of her honor is. his pledge of honor is received instead of an oath. 285 to 300. 7 Taunt. 2 Swift’s Dig.) Vide. Brev. It is committed for the advancement of public justice. and ordering execution on the same. C. t. P. Dignified respect of character springing from probity. and in courts of equity. 3 Inst. (q. 63. High estimation. 2 Chit. ch. Merl. or. and commanding him to take one who has taken any bondsman. 45. requiring the members to make choice of a new man. R. Nul ne doit slenrichir aux de ens du droit d’autrui. L. so that he cannot be replevied. peers. Bac. which is the more usual remedy. The person killed must have been born.. L. 182. t. That principle which requires us to give every one his due. or by a writ of habeas. Vide Withernam. is to say the like. The destruction of human life at any period after birth. to keep the one part of a seal appointed for statutes merchant. punished as a public wrong. should kill a person who assaults and resists him. C. c.). Honor is also employed to signify integrity in a judge. either in a civil or criminal case.rt.. Williams’ Just. or self defence. 164. Murder and Homicide. or moral rectitude. 1st. the killing before birth is balled foeticide. t. when it is caused by another. corpus. Cr. either by himself. as if an officer. of a criminal who has been lawully sentenced to be hanged. Reputation. HOMO. it is justifiable. for instance. A duel is not justified by any insult to our honor. Com. law. the execution. 411 to 602. − 3. 47 to 57. or suicide. 324. in which the intention is not considered. intention or desire. or culpable omission of another. procurement. 2. 2. 3. generally. excusable. 2d. Com. R. v. it is always understood that the killing is by human agency. or by the act. See Dalloz. 6.) 3. do unto others as you wish to be done by. It is needless to add. HONOR. This Latin word. (q. is homicide. 1 Russ. Techn. Ab.. Approbation. 224. and by an action for the recovery of damages done to the relative rights of a hushand or a father. 8. Burn’s Just. to pay a bill accepted. From unavoidable necessity. Engl. courage in a soldier. C. h. and lords of parliament. 1 Hawk. 5. In England. law. Eng. 178−1 80. HONOR. v. confirmation by a court of justice. Vide To Dishonor. and conveyed him out of the country. Vide Writ de homine replegiando.most extensive sense of this word. 3. (q. Vide Man. Index. Self−murder. 9. A recompense for services rendered. HOMINE CAPTO IN WITHERNAM. HOMOLOGATION. But in a more limited sense. 9f. Felonious homicide. When the death has been intentionally caused by the deceased himself. a judgment which orders the execution of some act. 4. in the lawful execution of his office. t. HONESTY. To homologate. h. there is no such distinction in the United States. 8. upon giving bail. v. 172. 2. civil law. 2 Bl. the approbation of an award. Dict. 1 Hawk. and to restrain dishonesty. Justifiable homicide is such as arises. to 204. English law. without any will. M. n. Homicide may perhaps be described to be the destruction of the life of one human being. But the courts of common law know no such distinction. or a promissory note. The name of a writ directed to a corporation. contr. TO HONOR. When a man is unlawfully in custody. HONORARIUM. peeresses. The seigniory of a lord paramount. Cr. and therefore without blame. 1 T. A testimony of high estimation. Dignity.. It is no less a maxim of law than of religion. h. 8. 1.. Civil Code of Louis. in its most enlarged sense. on the day it becomes due. as.) or. when a peer of parliament is sitting judicially in that body. (q. 4 Bl. 2. h. and Hawkins defines it to be the killing of a man by a man. answer on their honor only. Man−slaughter. h. HOMINE REPLEGIANDO. as. Dict. 4 Bl. The name of a writ directed to the sheriff. 9 Mart. v. he may be restored to his liberty by writ de homine replegiando. Dig. 2d. however near it may be to extinction. 214 to 391. 4. Cro. t. 421 to 553. C. that as we are not encumbered by a nobility. HOMINE ELIGENDO. − 1.

3 Burr. 12. no more. pleading in the ancient English law. App. h. See Counsellor at law. and vide from that article to article 1367. Dict. . There may be a hostile character merely as to commercial purposes. for example. 332. will attach in. The collation of goods is the supposed or real return to the mass of the succession. HOUSE. it is permanent when the individual is a citizen or subject of the government at war. St. Vide Colt. 1 Chit. the donee is not required to account for the profits of the thing given. 38. although other lands have been occupied with the house. R. 214. Co. 2 Co. as it is applied to different things. HOTCHPOT. (q. 190. 2 Saund. in order that the same may be divided agreeably to the provisions of the statute for the distribution of intestate’s estates. Wms.. 4 Penn. or one limited to certain intents and purposes only. h. t. which may be recovered by action. the curtilage and garden will pass. Wolff. G 2. The space of sixty minutes. HOUR measure of time. Rep. Gender. This word is sometimes used as a generic name for all animals of the horse kind. 358. Rep. 93. Index. bona fide. Chit. 2. 2. 416. 135. Parcener. Vide. or by maintaining a commercial establishment there. 67.. &c. the action failed. Com. 575. 3 Rob.. when an equal division of the whole will take place.. R. 161. 526. Statute of. and if they should die. 104. mots Rapport a succession. HOSTELLAGIUM. Law of Nat. b. 191 5 Rob. Dr. HORS DE SON FEE. Until a horse has attained the age of four years.. Vide Dalloz. Vide 9 Rep. 89. R. The term hotchpot is also applied to bringing together all the personal estate of the deceased. as by sailing under the enemy’s flag of passport. t. together with the other effects of the succession. and differs from a fee. 412. nor the interest of money. Ab. Dig. Jac. as issuing out of his land: because if the defendant could prove the land was out of his fee. Dane’s Ab. estates. 1734. Eliz. by particular modes of traffic. 3 Bl. now. must bring back the ten acres he received. 73. _1191. 3 Chit. 110. R. or. Cro. as it regards individuals. will pass. R. art. 3 Rand. Code of Lo. to quit the country sine animo revertendi. A right reserved to the lords to be lodged and entertained in the houses of their tenants. 1 Kent Com. A place for the habitation and dwelling of man. R. 1 P. A state of open enmity. 2. on the marriage of one of them. 450. Hostility. or the twenty−fourth part of a natural day. tit. in order to obtain his portion of the latter. and hostility may attach only to the person as a temporary enemy. Litt. 3 Rand. Hostages are frequently given as a security for the payment of a ransom bill. 36 a. 75. 401. 8 Com. and temporary when he happens to be domiciliated or resident in the country of one of the belligerents. with the advancements he has made to his children. 401 note 2. if a man seised of thirty acres of land. III. K. 106. and Co. Bac. 28. HORSE. A plea which was pleaded. Litt. and each be entitled to fifteen acres. Distribution. see Merl. he is not required to bring into hotchpot the produce of negroes. S. Rep. 2 Saund. For the French law. Engl. 1305. In a grant or demise of a house with the appurtenaces. Fraction. 5 Serg. 1 Plowd. 17 Mass. t.2. and having two children. 21. Pr. in order that such property maybe divided. & Ry. Com. and then die intestate seised of the remaining twenty. 30. 3 Leon. 2. 655. note 2. and Salary. 603. 2 Mod. even without the words "with the appurtenances. 559. C 4. This word has several significations. may be permanent or temporary. 2 Desaus. E. open war. Guardian." being added. he is called a colt. Rep. should. Adm. Coparceners. Vin. These words signify out of his fee. Id. Vide Date. 4 Watts’ R. Index. Com. For example. their death would not discharge the contract. Coop. or by a personal residence. HOSTAGE. in this latter case the individual may throw off the national character he has thus acquired by residence. consequence of having possessions in the territory of the enemy. Executors. as a security for the performance of a contract entered into between the belligerents. In bringing an advancement into hotchpot. or it may attach only to the property of a particular description. 3 Brev. 32. 171. 14. 2 Atk. give him ten acres of it. Ab. law. and add it to his father’s estate. estates. on Ins. & Rawle. This hostile character in a commercial view. 3 Pick. when a person who pretended to be the lord. 3 Wheat. h. 224. Civ. t. v. h. Bac. Justin. Wesk. brought an action for rent services.rt. HOSTILITY. when he puts himself in motion. In Louisiana the term collation is used instead of hotchpot. de la Rat. generally. 2 Bl. h. It is said this honorarium is purely voluntary. but see 2 Penna. 9. The property must be accounted for at its value when given. C. 334. 5 d.) Russ. Com. 9 Cranch. In a grant or demise of a house. a. Adm. 1 Kent. 1 Wash. t. A person delivered into the possession of a public enemy in the time of war. which an heir makes of property which he received in advance of his share or otherwise. 127. Dig. and Yelv. in order to divide it equally among those entitled to it.. 1 Danvers’ Ab. Cro.. Ab. 117. This homely term is used figuratively to signify the blending and mixing property belonging to different persons. the married child.

though not under the same roof or adjoining to the dwelling−house provided they were within the curtilage. Ab. it tries all impeachments. are. Jac. nor any declarations as to his religious belief. 9 1 Kent’s Com. The Constitution of the United States. or most numerous branch of the legislature. one thousand eight hundred and forty−three. within the state of New Hampshire. 5. government. _1. Art. however. on Cr. 4 Bl. 1. as the house of representatives. as the house of A B & Co. The house protects the owner from the service of all civil process in the first instance. 47. and have paid taxes: several of the state constitutions have prescribed the same or higher qualifications. 50. art. 2. are called the House of Lords. 214. or a family. 320. By the constitutions of the several states. Foster. in such case the several apartments are considered as distinct houses. shall have the qualifications requisite for electors of the most numerous branch of the state legislature. HOUSE OF REFUGE. as the house of refuge. C. or common fence. ubi sup. As a court of justice. HOUSE OF LORDS. 41. In the civil law the rule was nemo de domo sua extrahi debet. Eng. the house of representatives shall be composed of members elected agreeably to a ratio of one representative for every seventy thousand six hundred and eighty persons in each state. 2. 103. House is used figuratively to signify a collection of persons. taken collectively are called the house of commons. two within the state of Connecticut. at common law includes the outhouses. and of one additional representative for each state having a fraction greater than one moiety of the said ratio. 2 Russ. 555. 4. and Burglary. the house of York. Cr. and free resident citizens of the state in which they vote. Dig. 5 Co. by special local laws. the several states. 17. punishment. that they be of the age of twenty−one years and upwards. Bac. requires no evidence of property in the representatives. That from and after the third day of March. as in the case of burglary. provides. n. four. four. This house must give its consent to all bills before they acquire the authority of law. In cases of burglary. law. 2 East. N. 14 Vin. temporal and spiritual. or a commercial firm. Yelv. of New Orleans. 102. The name given to a prison for juvenile delinquents. the most numerous branch of the legislature generally bears the name of the house of representatives. this asylum cannot therefore be legally invaded." 3. as to property. Woodf. that is to say: within the state of Maine. 14. 4. 342. Jones. By the Act of June 22. 64. 1. & Ten. s. The term is more common in England than in the United States. 3 Inst. the house of Lancaster. 178. C. 29 a. this cannot be done. chap. in contradistinction to the nobles. as the dwelling or mansion house. within the state of Rhode Island. law. and the electors of each state. 5. Ab. These houses are regulated in the United Statees on the most humane principles. but not if he is once lawfully arrested and he takes refuge in his own house. Com. Ab. HOUSE OF COMMONS. by not holding any office under the United States. generally. 315. The house may be also broken for the purpose of executing a writ of habere facias. R. includes not only the dwelling but all the outhouses. Its assent is required to all laws. 2. He must be free from undue bias or dependence. Rep. 558. seven. 142. T. N 3. 2. than in the electors. unless by an officer duly authorized by legal process. originally entire. computed according to the rule prescribed by the constitution of the United States. the officer may pursue him and break open any door for the purpose. The popular branch of the legislature. 1 Hale. 5 Co. 1. 1 Rolle. 6. Vide. when taken collectively and forming a branch of the parliament. and there he is entitled to perfect security. in case of arson. the mansion or dwelling−house in which the burglary might be committed. 1 Hayw. 2. 228. 234. 138. s. 225. 6. 1842. Eng. with an outer door to each apartment and no communication with each other subsists. 1. HOUSE OF REPRESENTATIVES. in the several state governments. c. it is provided. as. 93. R. A prison where offenders of a particular class are confined. that "the house of representatives shall be composed of members chosen every second year by the people of. 7. Sheriff. and this process must be of a criminal nature to authorize the breaking of an outer door. The term house.3. in the elected. within . and even with it. Arch. until after demand of admittance and refusal. 6 Mod. ten. The English lords. Pl. 6. Cro. in that case. 4 Leon. HOUSE OF CORRECTIONS. If a house. or an institution. The representatives of the people. It is a maxim in law that every man’s house is his castle. 93. Land. P. be divided into several apartments. Bac. 493. 4 Rawle. 251. The constitution of the United States. and all laws for raising revenue must originate there. within the state of Massachusetts. The general qualifications of electors of the assembly. Vide Story on Constitution of the United States.

. 4 Bl. 173. 24. c. The principal of these statutes are. 22 Geo. and the rent was paid for the whole house to the tenant. An acre of land or as much as can be ploughed in a day by two oxen. Montesq. the inhabitants tire civilly responsible to the party injured. taxes and let to the tenant the. The desire for taking food. five. The master or captain of a hoy. In France. which be afterwards underlets to another. This belongs of common−right to any lessee for years or for life. 2. III. Story. c. 13. 16. 3. within the state of Tennessee. 31. 1 Chit. when an offence is committed within the −hundred. 1 Bott. seven. The name of a court among the Saxons. 2. within the state of New York. 7. Bailm. eleven. Rep. 100. by several statutes. Dalloz. seven. II. Spanish law.the state of Vermont. who pays all the taxes. are held to be liable in the cases therein specified. HUISSIER. within the state of Alabama. among the Franks. One who occupies a house. estoveriam aedificandi et ardendi. HUNDRED. one. six. A district of country originally comprehending one hundred families. A person who occupies every room in the house. HUNDREDORS. who paid it to the landlord. by robbery or other violence. carts. c. P. within the state of Pennsylvania. an officer of this name performs many of the duties which in this country devolve on the sheriff or constable. 8 Geo. HUNDRED GEMOTE. 54. 17. thirty−four. and can be justified only by necessity. In some of the United States laws have been passed making cities or counties responsible for. 11. Esp. Dict. An usher of a court.. House−bote is said to be of two kinds. To make the innocent pay for the guilty. Nor is a person a housekeeper. no one district electing more than one representative. Law Latin Dict. 13 Edw. law. 288 and must occupy a whole house. Hoymen are liable as common carriers. within state of Louisiana. within the state of Georgia. within the state of Virginia. II. law. a cottage. 103. composed of contiguous territory. 1. 8. Com. five. 2. except one. which is reserved for his landlord. to make good the loss sustained by persons within the hundred. by the constable. 237. 41. within the state of Indiana. within the state of Ohio. within the state of Illinois. HUE AND CRY. the reader is referred to the names of the states in this work. Hunger is no excuse for larceny. In order to make the party a house−keeper. An allowance of necessary timber out of the landlord’s woods. Litt. C. c. for the purpose of arresting the offender. within the state of Missouri. four. nine. within the state of Delaware. It was holden every month. within the state of New Jersey. Id. HOUSE−BOTE. This can be justified only on the ground that it is the interest of every one that property should be protected. first floor of the house. HOYMAN. 28 Edw. 5. 4. 1 Hale. A mode of pursuing felons. 2 Mart. Vide Congress. A shed. R. 3 Petersd. 2 Hale. In England they are inhabitants of a local division of a county. 406. or such as have dangerously wounded any person. & Cresw. seven. HOUSEKEEPER. 1 Chit. within the state of North Carolina. 2 T. 502. That in every case where a state is entitled to more than one representative. This rule was probably borrowed from the nations of German origin. within the state of South Carolina. See 1 Barn. 313. 49. who. c. 27 Eliz. 1 Chit. within the state of Mississippi. c. 30. the destruction of property by a mob. A place used by hushandmen to set their ploughs. t. st. It was established by Clotaire. and other farming utensils. 7. is not a housekeeper. s. note. within the State of Michigan. the under−tenant aid the. for the benefit of the inhabitants of the hundred. Ab. four. Dict. equal in number to the number of representatives to which said state may be entitled. three.− _2. under a lease. twenty−one. Rep. HUNGER. ten. 3. h. and that it is for the general good such laws should exist. he must be in actual possession of the house. P. or assaulted any one with intent to rob him. See 3 Wend. within the state of Maryland. within the state of Kentucky. ]iv. whom the landlord refuses to accept as his tenant. Co. eight. des Lois. fifteen. But it is a matter which applies itself strongly to the consciences of the judges in mitigation of the punishment. Eng. R. out of the rain and sun. therein also specified. one. note. Eng. Sp. 316. HOVEL. 178. II. 29 Car. the number to which each state shall be entitled under this apportionment shall be elected by districts. within the state of Arkansas. ten. C. _496. 2. Lo. 11 Toull. In many cases. in this case. twenty−four. seems to be contrary to the first principles of justice. for the repairing and support of a house or tenement. who takes a house. I. Rep. where it was known. four. c. a mean house. n. 2 White’s Coll. HUEBRA. For the constitutions of the houses of representatives in the several states.

vide article Cruelty. t. B. to all intents and purposes. all her personal property. sell. & W. but sub modo. articles Divorce. 433 and he is entitled to all her property in action. or by his authority. 2 Beck’s Med. except by her consent. When a person has died. He is also entitled to her chattels real. law. Marrriage. Poth. L. and to bear with her faults. 1848. 356. de Mar. the hushand has a right to establish himself wherever he may please. and it is liable to be taken in execution for his debts and. p. The gall bladder is pressed with bile. 138. buy and sell all kinds of personal property. Occupancy. First. are referred to the Civil Code of Louis. domestic relations. In his wife’s freehold estate. du Contr. tit. at common law. In case his wife survives him. tit. h. 164. according to her fancy. 156a. n. the hushand is entitled to receive the rents and profits of it. even to aridity. and Bac. 2 Bl. he may manage his affairs his own way. so as to tinge them very extensively. 7 T. 75. in possession. Com. Com.2. and the note at p. 1. provided they are recovered from him during their joint lives. the right of hunting is universal. and it belongs to her alone. H. He is bound to love his wife. Duties and Liabilities of Hushand and Wife Canning on the Interest of Hushand and Wife. 2. Id. as. Index. as for her slander or trespass. The hushand. 379. tom. in the case of a lease for years. 5 W. Vide Feroe naturae. Ab. Baron and Feme. _47. p. he has a life estate. and he may be punished for keeping a disorderly house. is vested in him. as to the rights and duties of hushand and wife. and it is suspected he has been starved to death. and this fluid is found scattered over the stomach and intestines. expressed in the manner prescribed by the laws of the state where such lands lie. The eyes are red and open. The laws of Louisiana differ essentially from those of the other states. p. and he may dispose of it as if he had acquired it by his own contract this arises from the principle that they are considered one person in law. he is liable for its misgovernment. 3 B. iii. and may. it is. although death may have been very recent. 17. He is also liable for the wife’s debts.. & T. Foder. 27. But the rights of a hushand over the wife’s property. have no carnal connexion with any other woman. surrender. the legislative regulations on this subject. and in this he cannot be controlled by his wife. and. but this does not include such luxuries as. Being the head of the family. incurred before coverture. Inst. 7. and entitled to certain rights. & W. Jur. used to draw traitors to execution. when he has a child by her who could inherit. The lungs are withered. 1 Salk. In the United States. and he is liable for her torts. 113 to 119Ø. Secondly. without a violation of his obligations. 52. A man who has a wife. A species of sledge. Index. 142. in that state. See 5 Whart. see Eunom. Vide. as. Chit. by which the hunter acquires a right or property in the game which he captures. 261. and should furnish her with all the necessaries and conveniences which his fortune enables him to do. by Raithby. The tongue and throat are dry. is liable to certain obligations. 4. & S. as such. Vern. 48. t. The chase gives a kind of title by occupancy. Those readers. by statutes. At common law. 109. Clancy on the Rights. and can. which will be here briefly considered. 3 Camp. B. or dispose of it during the coverture. He is bound to receive his wife at his home. 166. 106a.. HURDLE. but. 395. 3. are very much abridged in some of the United States. particularly as it regards their property. provided he reduces it to possession during her life. and limited only so far as to exclude hunters from committing injuries to private property or to the public. Prater ou H. h. which is not usual in other causes of death. 484. if possible. 5 Taunt. 631. Pr. See Act of Pennsylvania.. it is considered as if it had never been transferred from her. an examination of his body ought to be made. even where his wife had the principal agency. 63. R. 4. and a foetid. desirous of knowing. for necessaries.. HUNTING. ii. without any control. Eng. but these vest in him not absolutely. 1 Phil. by mild means to correct them and he is required to fulfil towards her his marital promise of fidelity. 235. passed April 11. discharged of her dower. 231. tom. if he pleases. &c. Ev. 2 Kent. during the joint lives of himself and wife. Woodf. The act of pursuing and taking wild animals. express or implied. and. where this matter is considered. he cannot sell it. Dial. and generally for such as are contracted by her after coverture. and the stomach and intestines are contracted and empty. if he survives her. The signs which usually attend death from hunger are the following: The body is much emaciated. as the wife acquires a right in the latter. but all the other organs are generally in a healthy state. and which her situation requires. the chase. and he may buy any real estate he may deem proper. 384. 166a. to ascertain whether or not he died of hunger. Wife. Bouv. 1 Mod. she deems necessaries. . 5 Binn. Yelv. 2. acrid odor exhales from it. Rop. his own. As he is bound to govern his house properly. 6. 2. by shooting on public roads. HUshAND. 276. of his rights. of his obligations. The blood vessels are usually empty. & Cr. 3. therefore. generally. 5. he has an estate by the curtesy.

the secretary of the treasury is authorized. generally. 2. Properly. 5. above her dowry. 195.pertoire. the other properly denominated hypothecation. as security for his debt.. pignus. though they cannot be pledged. 2 Bell’s Com. and. By disposition of law. HUshRECE. 43. R. express or implied. h. Abbott on Ship. t. for the payment of his rent. when the hypothecation is confined to a particular estate. mar. to adopt and substitute such hydrometer as he may deem best calculated to promote the public interest. can be hypothecated. See 2 Inst. v. The landlord has a lien on the goods in the house leased. on the house he has built. where this sort of security bears the name of mortgage. or their specific gravities. t. In the common law. 1. Bac. and tacit. Hist. without the consent of the parties. Bailm. HYPOBOLUM. 497. law. and which consists in the power to cause it to be sold. 2. G. − 2. are scarcely to be found. 1. of a pledge of a chattel. 224. which was the implied or Iegal hypotheque. 2d. 1. Code. Merchant. HUSTINGS. Vide. Poth. Dig.. 6. 8. 3 Story’s’ Laws U. civ. 2. 15.que. St. law. 20. 22. but these are liens and privileges rather than hypothecations. civil law. cases of bottomry bonds and claims for seamen’s wages. is that which is contracted without delivery of the thing hypothecated. Pledge is that species . There is hypothecation of the goods of a testator for the security of a legacy he has given. de l’Hypoth. The name of the bequest or legacy given by the hushand to his wife. 6. Engl. Story. 1 Law Tracts. Mar. There are two species of hypothecation. The name of a court held before the lord mayor and aldermen of London. it is special. Dane’s Ab. and thence their qualities. in the strict sense of the civil law. 3. Techn. Code. HYPOTHECATION. under the direction of the president of the United States. 2. such as arises from the effect of judgments and executions. that is. A tacit. for the purpose of ascertaining the proof of liquors. Law. p. The hypotheque might arise in two was. 6. Essay on the Legisl. &c. 3d. the Act of Congress of January 12. 524. Legal hypothecation is that which has not been agreed upon by any contract. The. note. 4th. Dict. Code. 75. cases of hypothecation. Ab. Dig. 26. Hypothecation is further divided into general and special when the debtor hypothecates to his creditor all his estate and property. generally. at his death. for his bill. as in water. it determines the proportion of their densities. 145. 4. which he has. the duties imposed by law upon distilled spirits shall be levied. brandy. according to the proof ascertained by any hydrometer so substituted and adopted. 25. The builder has a lien. where the subject is fully considered. 22. to secure the creditor. Pand. without possession by the pledgee. _288. which is also a legal hypothecation. 5. 351. Armand. against ships are the nearest approach to it. Hypothecation. p. 2. being immersed in fluids. By the express agreement of the debtor. French law. of the thing hypothecated. For . so that the lien will attach. the right acquired by the creditor over the immovable property which has been assigned to him by his debtor. 6. Index. h. properly so called. translated by Cushing. such as. it is the principal and supreme court of the city. Code. ancient name of the offence now called burglary. 15. 46. 1.que. 2 Bro. It seems that chattels not in existence. or may have. 1976.HUshAND. The lien which the public treasury has over the property of public debtors. old Eng. R.) HYPOTHEQUE. This was nothing but a lien or privilege which the creditor enjoyed of being first paid out of the land subjected to this incumbrance. which was the conventional hypotheque. The name of an agent who is authorized to make the necessary repairs to a ship. and that after such adoption and substitution. translated by Rodman. 20. 20. 1825. note 52. beer. &c. Conventional hypothecations are those which arise by the agreement of the parties. is that which the law gives in certain cases. 8. law. as soon as the chattel has been prodced. Hypothecations are also distinguished into conventional. 5th ed. The pupil has a lien on the property of the guardian for the balance of his account. An instrument for measuring the density of fluids. 14 Pick. Merl. law. although he be not placed in possession of it. collected and paid. of hypothecation which is contracted by the delivery of the debtor to the creditor. − 3. This term is used principally in the civil law.. Commercial Code of France. and to act in relation to the ship. one called pledge. By. 7. Civil Code of Louis. 37. 5th. 1. legal. h. tit. 327. t. Power of England. mot Hypoth. Ayl. brine. S. Poth.. 1. in order to be paid his claim out of the proceeds. Dig. Vide Ship’s Hushand. 1st. 13 Ves. in lieu of that now prescribed by law. Civ. 7. 599. HYDROMETER. it is defined to be a right which a creditor has over a thing belonging to another. 20. Dig. for the owner. He is usually called ship’s hushand. the hypothecation is general. Contr. (q.

2 Bouv. _ . 1. Inst. A mason had the same on the house he built. who had received his money. Domat. & 1. 3. while on the premises let. A pupil or a minor on the land of his tutor or curator. Loix Civiles.example. 1817. the landlord had hypotheque on the goods of his tenant or others.

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