H 554 HABEAS CORPUS. ETC.

H.
H. This letter, as an abb reviation. stands act is j lI stly regarded as the gr eat constitu.
for Henry (a ki ng of that na me) in the cita­ tional gu aran ty .of person al li berty.
tion of English st atu te s. �n the Ye ar 13ool{s,
HABEAS CORPUS AD DELIBE·
itis use d as an all br e viation for Hil ary term.
RANDUM ET RECIPIENDUM. A writ
H. A. An abbrevi atio n for huc anno, this which is issued to remove, for tr ial . a pe.rson
yeul', in this yea r. confined in one county to the cou nty or pl ac e
where th e offense of wbidl he is accused was
H. B. An abbreviation fo r b ou se bil l,
committed. Bac. Abr. "Habeas Corpus,"
i. e., a bilJ in the house of reprt! s e nt ati ves .
as distinguished from a sena Le bill.
Aj 1 C hi t. Crim. Law , 132. Thus, it baa
bee n granted to remove a person in custody
H. C. An abbreviation fo r house of cum­ for contempt to take his trial for perjury in
mons, or for habea�' corpus. another connty. 1 Tyr w. 185.

H. L. An abbreviation for house of lords.

HABEAS CORPUS AD FACIENDUM
H. R. An abbrevi atio n for bouse of rep­ ET RECIPIENDUM. A writ issui ng in
resentatives. civil cases, to remo ve the cause, as also the
body of the defendant. from an in ferior court
H. T. An abbreviation for hoc titulo,
to a s uperi or court havi ng jurisdiction. there
this title. under this title ; used i n references
to be disp osed of. It is also called "habeas
to books.
corpW1 cum causa. OJ
H. V. A n abbreviation for hoc verbo or
H A B E A S C O R P U S AD PROSE·
hac voce, this word. uncler this word; used
QUENDUM. A writ wh:ch issues when it
in references to dic tion ari es and otuer works
is necessary to re mov e a prisoner in ord er to
alvhalJetically arra.nged.
prosecute in the p roper jurisdiction wherein
HABE, or HAVE. Lat.
A form of the the fact was c om mit ted . 3 BI. Corum. 130
sal utatory e x pre ssi on "Ave," (bail,) in the
HABEAS CORPUS AD RESPONDE·
titles of the constitutio ns of tbe The odosian
NUM. A writ which is usual1y employed in
and Justinianean Codes. Calvin. j Spelman.
civiI cases to remove a person out of the cus·
HABEAS CORPORA JURATORUM. tody of one court into that of another. in or·
A writ commanding the sheriff to bring up der that be may be sued and answer the ac­
the persons of jurors. anci. if need were, to tion i n the latter. 2 ::;ell. Pr. 259 j 2 Mod.
distr ai n them of tileir lands and g ood s, in 198; 3l31. COlllID. 129; 1 Tidd. Pro 300.
order to in s ure or conLpel their attendance in
HABEAS CORPUS AD SATISFACI·
co urt on the day of tri al of a cause. ILissued
ENDUM. In English practice . A writ
from the Common Pleas. and served the same
which issues when a prisoner has bad judg­
purpose as a distringas juratores in the
me n t ag(\in�t h i m in an action, and the pl ain ­
King's :Bench. lL was allol isbed by the C.
tUI is des iro us to b ri ng him up to some supe­
L. P. Act. 1852. § 104 . Brown.
riOl' court, t o charge hIm with process of exe-­
HABEAS CORPUS. (You have the clition. 3 BI. Comm. 129. 130j 3 Steph.
body.) '1'11e name gi ven to a variety of writs, COlllrn. 693; 1 'l'idd. Pro 350.
(of whi ch these wt're anci o ntly the emphatic
HABEAS CORPUS AD SUBJICIEN.
words. ) having for their o bj ect to brjng a
DUM. In practice. A writ directed to the
party before a co urt or judge. In common
p erson detaining an other, an d comman d i ng
usage, and whenever these words are used
bim to produce t.he body of the pris one r , (or
alone , they are understOOd to mean the ha­
persoll detained,) with the day and callse of
beas corpus ad subjiciendum. (q. 'D.) his caption and detenti o n . ad jaciendu.m,
HABEAS CORPUS ACT. The En· subjiciendum et recipiendum. to do. submit
gUsh statuto of 31 C ar . II. c.2,. is tbe origi­ to, and recei ve wha tso ever th e j u u ge or co urt
nal and l ro minent habeas C01'PUS ;lct.
l It awarding lhe writ sllall consider in that be­
was am en ded and s upplemented by St. 56 half. 3 Bl. Comm. 131; 3 Steph. Com m.
G eo. Ill. c. 100. .And si mi lar statutes have 695. This is the well-known rem edy for de­
been enacted .in all the Uni ted States. This liverance from illegal confinement, called by
 HABEAS CORPUS. ETC. 555 HA BIT ANC Y

81r Wi ll iam Blackstone the most celebrated HABERE FACIAS SEISINAM. That
writ in tbe English law. and the great and you cause to have seisin. The writ of exe�
effica.cious writ in all manner of illegal con­ cutian in real actions, directing the sheriff
finement. 3 BI. Comm. 129. to callse the demandant to have seisin of the
lands recovered. It was the proper process
HABEAS CORPUS AD TESTIFI­ for givi ng seiSin of a freehold. as distin­
CANDUM. In practice. A writ to bring guished from a chattel interest in lands.
a wilnt-s8 into court. when be is in custody
HABERE FACIAS VISUM. Thatrou
at the time of a trial. commanding the sher­
iff to have his body before the court, to tes­ cause to have a view. A writ to cause the

tify in tbe cause. 8 BI. Comm. 130; 2 Tidd. sheriff to take a view of lands or tenements.

Pr.809. H ABE RE LICERE. Lat. In R<>­

man law. To allow [one] to have [posses­
H A B E A S CORPUS CUM CAUSA.
sian.] This phrase denoted the duLy of the
(You bave the body, with the cause.) In
seller of property to allow the pnrclmser to
practice. Another llama for the writ of ha­
have the possession and enjoyment. For a
beas C07pUS ad facielldum et 1'ecipiendum,
brt"3ch of this duty. an actio ex empto might
(g. •• l 1 Tidd. Pro 348. 349.
be maintained.
HabemUB optimum testem, conflten­
HABERGEON. A diminutive of hau­
tem reu m . 1 Phil. Ev. 397. We ba.ve the
berk, a short coat of mail without sleeves�
best witness. - a confessing defendant.
Blount.
"What is taken pro confesso is taken as in­
dubitable truth. The plea of guilty by the HABERJECTS. A cloLh o! a mixed color.
party accused shuts out all further inquiry. Magna Charta, c. 26.
Habemus conjltentem reum is demonstra.
HABETO TIBI RES TUAS. IIave or
tiOD, unless indirect motives can be assigned
take your effects to yourself. Oneol the old
to it." 2 Hagg. Eccl. :U5.
!toman forms of divorcing a wife. Calvin.

HABENDUM. In conveyancing. The HABILIS. Lat. Fit; suitahle; active;

clause usually following the granting part of useful, (of a servant.) Proved; authentic,
the premisl's of a deed, wbich defines the ex­ (of Book of Saints.) Fixed; sLable. (of au·
tent of the ownership in the tbing granted to thority of the Idng.) Du Cange.
beheld and enjoyed by the granlee. 3 'Vashb.
HABIT. A disposition or condition ot
Real Prop. 437.
the uodyor mind acquired by custOIll or a
HABENDUM ET TENENDUM. In usnal repetition of the same act or funcLion.
old conveyancing. To have and to hold.
Formal words in deec.ls ot land from a very HABIT AND REPUTE. By the law o!

early period. Bract. fol. 17 b. Scotland. marriage may be established by

"habit and repute" where the parties (:ohauit I
HABENTES HOMINES. In old En. and are at the saille tillle beld and reputed as

glish law. Ricb men; literally, baving men. man and wife. S�e Bell. The same rule
The same with Ia:sting-mffi, (g. '0.) Cowell. obtains in some of the United St<ltes.

HABENTIA. Ricbes. Mon. Angl. t. I. HABITABLE REPAIR. A covenant J

100. by a lessee to "put the premises into habit­
able repair" binds him to put them into such
HABERE. Lat. In the civil law. To a state that they may be occupied, noL only
have. Sometimes disLinguished from tenere, with safety. but with reasonable comfort,
(to hold.) and posside1'e, (to possess;) habe1'f! for the purposes for which Lhey are taken. 2 K
referring to the right, tenere to the fact, and Moody &, H. lti6.
p08sidere to both. Calvin.
HABITANCY. It is dilllc111t to give an
II
HABERE FACIAS POSSESSIONEM. exact definition of "habitancy. In general
That you cause to have possession. TIle tl':!rms. one may be deSignated as an II inh:tb· L
naille of the process commonly resorted to by itant" of that place which constitutes the
the successful party in an action of eject· prinCipal seat of his residence, of his busi.
mont. for the purpose of being placed by the ness, pursuils, connections. attachments.
�heriff in the actual possession of the land and of his political and municipal relations.
recovered. It is commonly termed dimply The term. therefore, embracf's the fact of M
41 habere facias," or "hab. fa." residence at a place, together with the intent
 HABITANT 556 HlEREDES N1WESSAIUl

to regard it and make it 8 home. The act HACKNEY CARRIAGES. Carriages

and intent must concur. 17 Pick. 231- plying for hire tn the street. The driver Is
lialJle for negligently losing baggage.
HABITANT. Fr. In French and Ca�
nadian law. A resident tena.nt; a settlerj B HADBOTE. In Saxon Jaw. A recom·
tenant who kept bearth and bome on the pense or satisfaction for the violation of holy
'3eigniory. orders, or violence offered to persons in boly
orders. Cowell; Blount.
HABITATIO. In the civil law. Tbe
right of dwelling; the right of free residence HADD. In Hindu law. A bonndary or

1n another's house. lost. 2, 5; Dig. 7. 8. limit. A statutory punishm(>ut defined by

law, and not arbitrary. Mozley & 'Vhitley
HABITATI O N . In tbe civil law.
The right of a person to live in the house of HADERUNGA. Hatred; ill will; preju­
dice. or partiality. Spelman; Cowell.
another without prejudice to the property.
It differed from n usufruct, in this: that the HADGONEL. A tax or mulct. Jacob.
usufructuary might apply the house to any
HlEC EST CONVENTIO. Lat. This
purpose, as of a store or manufllctol'Y; where­
is an agree.ment. Words with which agree�
as Lhe party baving the right of babitation
ments anciEmtly commenced. Yearb. H. 6
could only use it for the residence of himself
Edw. II. 191-
and family. 1 Browne, Civil Law, 184.
In estates. A d welling-house; a home­ HlEC EST FINALIS CONCORDIA.
staU. 2 BI. Comm. 4; 4 BI. Comm. 220. L. Lat. This is tbe final agreement. The
words with which the foot of a fine com�
HABITUAL CRIMINALS ACT. The manced. 2 BI. Comm. 351-
statute 32 & 33 Vict. c. 99. By this act pow­
HlEREDA. In Gothic law, A tribunal
er was given to apprehend on suspicion con­
answering to the English court-Ieet.
\'icted persons holding license under the pe­
llal servitude acLs, 1853. 1857. and 1864. The HlEREDE ABDUCTO. An ancient writ
act was repealed and replaced by the preven­ that lay for the lord. who, having by right
lion or crimes act, 1871, (34 & 35 Vict. c. the wardship of his tenant under age. could
112.) not obtain his person, the same being carried
away by another person. Old Nat. Brev. 93.
HABITUAL DRUNKARD. A person
given to ebdety or the excessive use of intoxi­ HlEREDE DELIBERANDO ALTERJ
cating drink, who has lost the power or the QUI HABET CUSTODIUM TERRlE
will, by frequent indulgence, to control his An ancient writ, directed to the sheriff, to
appetite for it. 18 Pa. St. 172. require one that had the body of an heir, be­
Que who bas the habit of indulging in intoxicat­ ing i n ward, to deliver him to the persoD
ing liquors so :tI.rmly fixed thn.t be becomes iutox.i·
whose ,"yard he was by reason of his land.
..,ated as often as the temptation is presented by
bis being in the vicinity where liquors Bre sold is
Reg. Orig. 16l.
aD "ha.bitual drunkard," wiLbin the meaning of
HlEREDE RAPTO. An ancient writ
the divorce law. 85 Mich. 210.
In England, it is defined by the habitual drunk­
that lay for the ravishmcnt of the lord'B ward.
ards' act, 1879, (42 & 43 Viet. c. HI,) which author· Heg. Orig. 163.
hes confinement in a. retreat, upon the party's own
application, as "a person who, not beiog amenable
Hreredem DeUB fseit. non homo. God
to any jurisdiction in lunacy. is, notwithstanding, makes the heir, not man. Co. Litt. 7b.
by reason of habitunl intemperate drinking of in­
toxicating liquot', nt times dangerous to himself, HlEREDES. Lat. In the civil law.
or hal·self, or otberB, or incapable of managing Heirs. Tbe plural of harras. (q.•.)
himself or herself, or his or her affail's. JI
HlEHEDES EXTRANEI. In the civil
HABLE. L. Fr.
In old English law. law. Extraneous, strange, or for�ign heirs;
A port or harbor; a station for shi ps. St. 27 those who were Dot 8ubject to the power ot
Ren. VI. c. 3. the testator. lust. 2. 19, 3.

HACIENDA. In Spanisb law. Tbe HlEREDES NECESSARII. In Roman

public domain; the royal estntpj the aggre­ law. Necessary heirs; those who, being
gate wealth of the state. Tho science of ad� named heirs in the will, had no election
miuistering the national wealth j public econ­ whether to accept or decline the inheritance.
omy. Also an estate or farm belonging to a but were compelled to take it. This was the
private person. case wiLh a sla.ve who was made heir. UpOD
 H2EREDES PHOXIMI 557 JiLrJREDUM APPELLATIONE. ETC.

the testatorIs death, he at. once became free, Hrereditas, aUa corporal1sJ alia. iDeor­
but was alBO obliged to take the sllcc ession . poralis j eorporalis est, quoo tangi potest
et videri j incorporalis qure tangi non po­
HEREDES PROXIMI. Npal'est or teet nee videri. Co. LiLt. 9. An inherit­
next heirs. The child re n or descendants of �Ince is either corporeal or incorporeal. Cor·
the decea.sed. poreal is that which can be toucbed and seen;
incorporeal, that whicb can neither be touched
l.'ZEREDES REMOTIORES. More re­
nor seen.
mote �eirs. The kins men otber than chil­
drtn or descendants.
HEREDITAS DAMNOSA. A burden­

HEREDES SUI ET NECESSARII. some inheritance. See DAMNOSA H..EREJ).

Own and necessary heil's; IT.....

III Roman law.
j. e., the lineal descendants of the t"state-leav· Hrereditas est euccessio in universum
er. They were called" nece ssary " heirs, be-­ jus quod defunctus habuerit. Co. Litt.
cause it was the law that made them heirs, 237. Inheritance is the succession to every
and nut the choice of ei ther the decedent or
right which the deceased had.
themselves. Dut since this wns also true of
slaves ( w hen Dsmed "heirs" in tbe will ) the HEREDITAS JACENS. In the civil
former class were desig nated. "sui et neces­ law. A vacant i n heritance. So long a8 no
sarii," by wr.y of distinction. th'3 word " sui " ODe had acquired t he inheritance. it was
denotbg that tho necessity arose from their ter med .. hce1'Cditas jacm...;;" and this, by a
relati onahip to the decadent. Mackeld. Hom. legal nction, represented the person of the
Law. § 733: decedent. Mackeld. Rom. Law, § 737.
The estate of a person deceased, where the
HlEREDIPETA. Lat.. In old E ngli sh
owner left no heirs or le gatee to lake it,
law. .A. seeke r of �n inberitar.�f.; hence, the
called also IIcaducaj" an t'scheated t'.state.
next heir to lands.
Cod . 10. 10. 1; 4 Kent. Comm. 425.
Hreredipetre suo propinquo vel extra· In English law. An estate in abeyan c e;
neo periculoBo sane custodi Dullus com· that is, after the ancestor ' s death, and before
mittatul'. To the next heir, whether a re­ assumption of be ir. Co. Litt. 342b. An in�
la tio n or a stra nger. certair:lya da nger ous heritance without le gal owner. and therefore
g ua rd ian, let n o o ne be commi tted. Co. Litt. open to tbe first occupant. 2 B l. Comm. 259.
88b.
HEREDITAS LUCTUOSA. In tbe
HEREDITAS. In Roman law. The civil law. A sad or mournful inheritance o r
lu:ereditas was a universal 8ucce!!sion by law succession; as that of a parent t o the estate
to any deceased person, whether such person of <l. child, which was regarded as disturbing
had died testate or i n testate, and wlwlher i n the natural order of mortality. (turbato ordine
tr nat (ex jideicommisso) for another o r not. mm·talitatis.) Cod. 6, 25, 9i 4 Kent, Comm.
The �ike 3uccession according to Pnetorian 397.
law was bonorum pos::,·e.,;sio. The hce1'editas
was cal1t:d Hjacefl:J." until the lUeres took it Hooreditas nihil allud est, quam sue·

up, i. e., made bis aditio hee1'erlitatis; and cessio in universum jus, quod defunctus

suc h hJJl'eJS. if a suus h(J!'res. bad till' right to habuerit. The right of i nh er ita n ce is noth- J
abstain, (potestcs abstinentli.) aOlI. if an ex-­ in g else than the faculty of succe eding to all

traneu.s heel'ea, had the right to consider the rights of tbe deceased. Dig. 50. 17.62.

whether lie would ace.ept or decline, (potestas

Hrereditas nunquam aacendit. A n ill­
dt:libe-randi.) the reason for this precaution
being that ( p rior to Justinian's emwtment to
he ritance never ascends. GlaDv. lib. 7, c. 1; K
2131. Comm. 211. A maxim of feudal origin .
the c ontrary) No hrens after his aditio was
and which invari ab ly pr evai le d ill the law of
li&.blu to tile full extent of the dol tts of the
El1gland down to the passage of the statute
dec�u.3d PllfSOD, and could have n o relie f
;) &. 4 Wm. lY. c. 106, § ti, by which it was
thsrefrom, except in the case of a damnum
abrogated. 1 Steph. Comm. 378. See Broom, L
emC1'/fe1iS or dwnnosa hrereditas, i. e., an
Max. 527, 528.
Ilt:er,�·'tus whit:h dist:los e d ( an e r the aditio)
SOID.Ei6nOrmOUs unsuspected liability. Brown. Hreredum appellatione veniunt hoore-
In old English law. An estate trans­ des hrel'edum in infinitum. By the titlo
mi.ssible by de8cent j an inheritance. Co. of heirs, come the heirs ot hei rs to Infi nity . M
Litt. 9. Co. Litt. 9.
 H1ERES 558
HERES. In Roman law. The heir,
or universal successor in the event of death.
The heir is he who actively or passively suc­
ceeds to the entire property of the estate­
leaver. He is not only the successor to tile
rights and claims, but also to the estate-leav­
ees debts, Hnd in relation to his estate is to
be regarded as the identical person of the es­
tate-leaver, inasmuch as he represents him
in nil his active and passive relations to his
estllte. Mackeld. Rom. Law, § 651.
I t s hould be remarked that Lhe office, powers,
and duties of tbe hWl"68, in Roman law, were
much morc olosely assimilated to those of a. mod­
eru exCCHt01' than to tbose of an heil.. at law.
Hence "hoir" is not at all an accurate translation
of "'hlvres," unles8 it be understood in a special,
technical sense.
In common la w. An heir; he to whom
Jands, tenements, or hereditaments by the
act of God and right of blood do descend, ot
Bome estate of inherit.mee. Co. Litt. 7b.
HlERES ASTRARIUS. In old English
Jaw. An heir in actual possession.
HlERES DE FACTO. In old English
law. Heir from fact; that is, from the deed
or act of his ancestor, without or against
right. An heir in fact, as distinguished
from an heir de jure, or by law,
Hoores est alter ipse, et filius est pars
patris. An beir is another self, and a son
i. part of the father. 3 Coke. 12b.
Hreres est aut jure proprietatis aut
jure representatioDiB. An heir is either
by right uf property. or right of representa·
tion. 3 Coke, 40b.
Hreres est eadem persona. cum ante·
cessore. An heir is the same person with
bis ancestor. Co. Litt. 22; Brancb, Prine.
See Nov. 48, c. 1. § 1.
Hreres est nomen collectivum. "Heir"
1s a collective name or noun. 1 Vent. 215.
Hreres est nomen juris; filius est no·
men nature. l'lIeir" is a name or term of
la w; "son" is a name of nature. Eac. Max.
52, in reg. 11.
Hreres est pars anteces s oris. An heir
1s a part of the ancestor. So said because
the ancestor, during his life, bears in bis
body (in judgment of law) all his heirs.
HlERES EX ASSE. In the Civil law.
An heir to tbe whole estate; a sale heir. lust.
2, 23, 9.
HlERES EXTRANEUS. In the civil
law. A strange or foreign beir; one who
H1ERES NON TENETUR, ETC.
was nol subject to the power of tbe testntor,
or person who made him heir Qui testa·
.
toris J'u1'i 8ubjECti non suut, extranei hre1'roes
appellantm'. lnst. 2, 19. 3.
HlERES FACTUS. In the civil law.
An heir made by will; a testamentary heiri
tho person created universal successor by
will. Story.Cunn.Laws, § 507; SB!. Comru.
224. Otlwrwise called"hceres ex testamen­
to," and "hwl'e8 in.�titutu.s," Inst.2, 9,7;
Id. 2, 14.
H lE R E S FIDEICOMMISSARIUS.
In the civil law. The person for whose ben.
efit an estale was given to another (termed
"hceres jiducia1'ius," (q. tl.) by wm. lost.
2. 23,6, 7. 9. Allswering nearly to the ces­
tui que tnl8t of the English law.
HlERES FIDUCIARIUS. A fiduciary
or beir in trust; a person constituted
bt:il',
heir by will, in trust for the benefit of an·
olher. called the "jideicom,missa1'ius. OJ
Hmres hreredis mei est meus hreres.
The heir of my heir is my heir.
HlERES LEGITIMUS. A lawful heir;
one pointed out as such by the marriage ot
his parents.
Hool'es logitimuB ost quem nuptim de.
monstrant. He is a lawful heir whom mar.
riage paints out as such; who is born in wed.
lock, Co. Litt. 7bj Bract. fol. 88; Fleta,
lib. 6. c. 1; Broom, Max. 515.
Hreres minor uno et viginti annis non
respondebit, nisi in casu dotis. Moore,
348. An beir under twenty·one years ot
age is not answerable, except in the matter
of dower.
HlERES NATUS. In the civlllaw. An
heir born; one born heir. as distinguished
tram one made heir, (hceres factus, q. 11.,·)
an heir at law, or by intest<lcy, (ab intestato;)
the next of kin by blood, in cases of intestncy.
Story, Conn. L,ws, § 507; a HI. Comm. 224.
HlERES NECESSARIUS. In the civil
law. A necessnry or compnlsory heir. This
name was given to the heir when, being a
slave. he was named"heir" in the testament,
because on the death of the testator, whether
he would or not, he at on ce uecame free, and
was compelled to assume the heirship. lnst.
2, 19, 1.
Hreres non tenetur in Anglia ad deb·
ita. antecessoris reddenda, nisi per an·
tecessorem ad hoc fuerit obligatus. prre­
terquam debita regis tantum. Co. Litt.
 H2EBES RECTUS 559 HALF-SEA L

386. In England, t he heir is n ot bound to gear, and br in g the same home again. Skene
pay his ancestor's debts, unless be be bound de Verb. S ign .
to it by the ancest or, except debts due to the
HAIMSUCKEN. In Scotch law. The
king. But now, by 3 & 4 Wm. rv", c. 104,
crime of assa.ulting a person in his own
he is liable.
house. Bell.
H2ERES RECTUS. In old English law;
HAKE'l.'0N. A mililary coat of defense.
A right heir. Fleta. lib. 6, c. I, § 11.
HALF-BLOOD. A term denoting tho
H2ERES SUUS. In the c iv il law. A
degree of relationship which exists between
man's own h eir ; a decedent's pr o p er or nat­
those who bave the same father or the s ame
ural heil'. This name was given t o the
mother, but not both parents in common.
lineal descendants of the deceased. lnst. 3. See BUOTllER.
I, 4-b.
HALF-BROTHER. HALF-SISTER.
H2ERETARE. old English law.
In To
Persons who have the same father, but dif­
give a right of' inheritance. or make the do­
ferent mothers; or the !lame m otbe r, but di f·
nation hereditary to the grantee an d his
ferent fathers.
be irs. Cowell.
HALF-CENT. A copper c oin of the
H2ERETICO COMBURENDO. The
United Statf's,of the value of five mills. and
statute 2 Hen. IV. c. 15. de ha:retico combu­
of the weight of ninety-four grains. The
renda, was the first pUll<lllaw enacted against
coinage of these was discontinued in 1857.
heresy , and imposed the penalty of death by
burning against all hereti<.:s who relapsed or H A L F - DEFENSE. 1n common-law
who refnsed to abjure their opini o ns. 1L was pleading. The technical n,l me of the com�
repealed by tbe st atu te 29 Car . II. c. 9. mon clause at the commencement of a de­
Brown. This was also the Dame of a writ fenuant's plea: "And the said deftmdant, by
for the purpose indicated. ---, his a.ttorney, comes and defen,ds the
W1"M,q, ( or force.) and inju,1-Y, when," etc.
HAFNE. A haven or port. Cowell. Called C< ha lf-de fens e " from its abbreviated

H A F NE COUR T S. Haven courts; •

...Ort"!).

courts uncie ntly held in certain ports in Eng� HALF·DIME. A silver (now nickel)
land. Spelman. coin of the United SLates, of the value of five
HAGA. A h o u se in a city or borough. cents.

Scott. HALF-DOLLAR. A s il ver coin of the

HAGIA. A hedge. M o n . Angl. tom. 2, United States, of the value of fifty cents, or
p.273. one·half the value of a dollar.
A gold ooin of the
I
HAGNE. A litt le hand-gon. St. 33 HALF-EAGLE.

Hen. VIII. c. 6. United States. of th e value of five dollars.

HAGNEBUT. A hand-gun of a l arger HALF-ENDEAL. A moiety. or half of

description than the hague. St. 2 & 3 Edw. a tbing.
VI. c. 14; 4 & 5 P. &; M. c. 2.
HALF-KINEG. In Saxon law. Half- J
HAIA. A park inclosed. Cowell. king, (semi-rex.) A title given to the alder�
men of all ·England. Crabb, Eng. Law, 28;
HAIEBOTE. In old E ng l ish law. A Spelman.
permission or lib erty to take thorns, etc., to
make or repair hedges. Bl ount. HALF-MARK. A noble. or six shil-
lings and eight pence in English money. K
HAILL. In Scotch law. Whole; the
HALF-PROOF. In the civil law. Proot
whole. K All and haill" are common words
by one witness, or a private instrllmEmt.
in co nve yances. 1 Bell, App. Cas. 499.
I-Iallifax, Civil Law, b. 3. c. 9, no. 25; 3 BI.
HAILWORKFOLK, (i. e.. holywo rk­ Comm. 370. Or prima facie p ro o f. which L
folk. ) Those who.. formerly held by lands yet was not sufficient to found a sentence or
the service of de fending or repairing a ell urch decree.
or monument.
HALF�SEAL. That which was former-
HAIMHALDARE. old Scotch law.
In l y used in the English chancery for sealing M
ro seek r e stitu tio n at one's own goo ds and of commissions to delegates, upon any appeal
 HALF-TIMER 5GO HANAPER

to the court. of delegates. either in ecclesias4 ternal cause, ariSing from disorder of. the
Ucal or marine causes. nervous system; delusion. Webster.

HALF-TIMER. A child who. by the HALMOTE. See HALLE-GEMOTK.

operation of the English factory and educa­
HALYMOTE. A holy or ecclesiastical
tion acts, is employed for less than the full
court.
time in a factory or workshop, in order that
A court held in London before the lord
be may attend some "recognized efficient
mayor and sheriffs, for regulating the bakers.
Bchool." See factory and workshop act. 1878.
It was anciently held on Sunday next be­
§ 23; elementary education act. 1876. § n. fore St. Thomas' day. and therefore called
HALF-TONGUE. A jury half of one the "l1olymote," or boly court. Cowell.
tongue or nationality and half of another.
HALYWERCFOLK. Sax:. In old En­
See DE MEDIETATE LINGu...£.
glish law. Tenants who held land by the
HALF-YEAR: In legal cumputation. service of repairing or defending a cburchor
The period of one hundred and eighty-twIJ mOnUID('nt. whereby they wl;!re e xempted frow
days; tbe odd hours being rejected. Co. Litt. feudal and military services.
13M; Cro. Jac. 166; Ye!. 100; 1 Steph.
HAMA. In old English law. A hook ;
Comm . 265.
an f!ngine with which a house on fire is pulled
HALIGEMOT. In Saxon law. The down. Ye!. 60.
meeting of a llall. (colLventus aulw,) that is, A piace of land.
a lord's court; a court of a manor, or court­
HAMBLING. In forest l,w. The hox­
baron. Spelman. So called from the hall.
ing or hock-sillewing of dogs; an old mode
wherB the tenants or freemen met, and jus­
of laming or disabling dogs. Termes de Ja
tice was administered. Crabb. Eng. Law,
Ley.
26.
HAMESECKEN. In Scotch law. The
HALIMAS. In English law. The feast
violent entering into a man's house without
of All Saints. on the 1st of November; one
license or against the peace. and the seeking
of the cross-quarters of the year, was coru­
and assaUlting him there. Skene de Verb.
puted from Halimas to Candlemas. '''' harton.
Sign.; 2 Forb. Inst. 139.

HALL. A. building or room of consider­ The crime of houseureaking or burglary.

able size, llsed as a place for the meeting of 4 BI. Comm. 223.

public assemblies, conventions, courts, etc.

HAMFARE. (Sax. From ham, a house. )
In English law. A name given to many In Saxon law. An assault made in a bOllSej
manor-houses because the magistrate's court a breach of the peace in a private bouse.
was held in the hall of his mansion; a chief
manSion-house. Cowell. HAMLET. A smaH Village; a part or
member of a vill. It is the diminutive of
HALLAGE. In old English law. Atee "ham," a village. Cowell.
or toll due for goods or merchandise vended
in a hall. Jacoh. HAMMA. A close joining to a house; a

A toll due to the lord of a fair or marlH:t, croft; a little meadow. Cowell
for such commodities as were vended in the
HAMMER. Metaphorically • • forced
common hall of the place. Cowell; Blount.
sale or sale at public anction. "To bring to
HALLAZCO. In Spanish law. The the hammer." to put u p tor sale at Ruction.
tlnlling and taking possession of something "Sold under the bam mer, " sold by an officer
which previously had no owner, and wldcll of the law or by an auctioneer.
thus becomes the property of the first occu.
HAMSOCNE. The right of security and
pant. Las Partidas, 3, 5, 28; 5, 48, 49; 5.
pri vacy in a man's house. Du Cange. The
20. 50.
breach of this pri vilege by a forcible entry of
HALLE-GEMOTE. Hall assemhly. A a hOllse is breach of the peace. Du Cange.
species of court-baron.
HANAPEH. A. hamper or basket in
HALLUCINATION. In medical juris­ which were kept the writs of the court ot
prudence. .A. species of mania; the percep­ chancery relating to the business of a sub·
tion of objects which have no reality. or of ject, and their returns. 3 BI. Cumm. 49.
!ensations which have no corresponding ex- Accordlng to others, the fees accruing on
 HANAPER-OFFICE 561 HANSE TOWNS

writs, etc., were there kept. Spelman ; D u Anything wri tten by hand; an i n strumen t
Cange. written by the hand of a perso n , or a speci­
men of his wri ting.
HANAPER· OFFICE. An office belong.
Han d wr itin g , considered under the law of
ing to th e common-law jurisdiction of the
evidence, includes not only the ordi nary writ­
court of chancery. so called beca1lse all writs
ing of one able to write, but alsu writing
relating to the business of a subject, and
dODe in a disguised band, or in cipher, nnd a
their retu rn s, were formerly kept in a ham­
mark made by one able or u nable to write.
per, In hanaperio. 5 & 6 Vi ct. c. 103.
9 Amer. & Eng. Ene. Law, 264.
HAND. A measure of length equal to
HANG. In old practice. To remain un­
four inches . used in m eas uring t he bei ght of
det.ermined. " I t has hung long eno u gh ; it;
horses. A person' s signa t ure.
is ti lu e it were made an end of. " Holt. C.
In old English law. A n oath .
J., 1 Show. 77.
HAND DOWN. An appellate court i. Thus, Lhe presen t partici ple means pend­

said to " hand down" its decision in a case, ing; d u ring the pen de ncy. .. j f tho tena,nt
when the opinion is p re pa red and filed for alien, hanging the prrecipe. " Co. Litt. 266a.
transmission to the court below. HANGING. In criminal law. Suspen­
HAND·FASTING. Betrothment. sion by the neck; the mode of capital punis h­
ment llsed in England from time i lll n1 em �
HAND·GRITH. Peace or protection
ria l , and gene ra l l y ad opted in the United
given by the kin g with his own hand.
States. 4 Bl. Comm. 403.
HAND MONEY. Money paid in band HANGING IN CHAINS. In atrocious
to bind a bargai n ; earnest m o ney. cases it was at one time usual. i n England ,

HANDBILL. A wri Lten or p rinted no­ for the Court to direct a murderer, after ex&
tice displayed to inform those concerned ot c ut ion, to be h a nged lIpon a gibbet in chai ns

something to be done. near the place where the murder was com­
mitted, a p ractice quite con trary to the Mo-
HANDBOROW. In Saxon law. A IJand
8ai c law, ( Del1t. xxi . 23.) Abolished by 4
pledge; a name gi ven to the nine pledges in
& 5 Will. IV. c. 26. Wharton.
a decen nary or f riborg ; the ten th or chief,
being called "headborow." (q. v.) So calle d HAN GMAN. An execu tioner. One

as being an i nferior pledge to the chief. wh o executes condemned criminals by hang­

Spelman. i ng .

In Saxon law . One HANGWITE. In Saxon law. A fi ne

HANDHABEND.
for illegal hang i ng of a thief . or for allowing
bav ing a thing in his hand; that is, a thief
fou nd having the stolen goods in bis posses­ bim to escape. Im munity from such fine.

sion. Jurisdiction to try such thief. Du Can ge.

HANIG. Customary labor.

HANDSALE. Anciently, among all the
northern nations, shaking of hands was held HANSE. An al1iance or confederation
necessary to bind a bargain, -a custom still among merchants or cities , for the good or­
retained in verbal contracts. A sale th us de ri ng and protection of the commel'ce of its
made was cal led .. handsale, I) (",enditlo per members. An imposition upon mercbandise: J
mutuam manum complexionem. ) In pro­ Dll Cange.
cess of time the S81lle word was used to sig�
HANSE TOWNS. LAWS OF THE.
n i fy the price or earnest w hi ch w as gi ve n
The maritim e ordinances of the Hanseatic
immediately after the shaking of hantls. or
instead thereof. 2 TIl. Comm. 44B.
towns, fil'st pub lished in German at Lu beck, K
in 1597. and in May, 1614. revised and en­
HAN D S E L . Handsale. or ear nest larged.
money.
HANSE TOWNS. The collecti va name
of certain Ger man ci ties , includi ng Lubeck.
HANDWRITING. Tbe chirograpby of L
a person ; the cast or form or wr iting pp.cul­ Hamburg, and Bremen. which formed ap al­
iar to a person. i ncl ud i ng the size. shape, liance for Lbe mutual protecLion and further­
and style of letters. tricks of penmanship. ance of t heir commercial interests, in the
and whatever gives individuality to his writ­ twelfth cent u l'Y · The powerful confederacy
ing, distinguis h ing it from Lhat of other pel'· thus formed w as called the " IIanseatic M
sons. Leag ue." The league framed and prom ui.
.A.I:l.DIOT.LAw-36
 HANSEA'rIC 562 HAUGH

�ated a code of maritima law, which was posed upon con viets sentenced to a peniten­
known as the "Laws of the IIansa Towns , " tiary. But the Jabor is not. as a rule, any
or Jus Hanseaticum Jla1'itimum. harder than ordinary mechanical labor.

HANSEATIC. Pertaining to a hanes or HARDHEIDIS. I n old Scotch law.

eommercial alliancej but, generally, the uni(m Lions; coins formerly of the value of three
of the lIansc towns is the one referred to, as half·ponce. 1 Pite,' Crim. Tr. pt. 1, p. 64,
i n the expression the II Hans�lic Leagu e . " note.

HANSGRAVE. The chiefof a company; HARDSHIP. The severity with which 8

the bead man of a corporation. proposed construction of the la w would bear

HANTELOD. In old European law. upon a parti cl1lar case, founding, sometimes,

An arrest, or attachment. Spelman. an argument aga i nst :mcb construction, which

is otherwise termed the " argument ab ineon­
HAP. To catch. Thus, " hap the rent , "
'Oenienti. "
U hap the deed-poll," were formerly used.
HARN ASCA. In old Eu ropean law. Tbe
HAPPINESS. The constitutional right defensive armor ot a man; barness. Spel­
of men to pursue thei r " bappiness" means man.
the right to pursue any lawful business or
vocation, in any manner not inconsistent HARNESS. All warlike instruments;

with the equal rights of others, which may also tbe tackle or furniture of a ship.

increase their IH'osperity. or develop their

HARO, HARRON. Fr. In Norman
faculUcs, so as to give to them their highest;
and early English law. An outcry. or hue
enjoyment. III U. S. 757, 4 Sup. Ct. Hep. and cry aftl:!r felons and malefactors. Cow­
652; 1 £1. Comm. 41. ell.
HAQUE. In old statutes. .A. band.gun.
HARRIOTT. The old form of "herlot, "
about three-quarters of a yard long. (g . •• ) Williams. Seis. 203.
HARACIUM. In old Englisb law. A.
HART. A stag or male deer of Lhe forest
race of horst'S and mareS kep t for breed ; a
five years olll complete.
stud. Spelman.
HASP AND STAPLE. In old Scotch
HARBINGER. In Engla nd, an officer
law. The form of e n tering an heirin a sub-­
of the royal household.
ject situlited within a rOYftl borou gh. It COIl­
HARBOR, v. To receive clandpstinely sisted of the heir's taking hold of the hasp
and without lawful authority a person for and staple of the door, (which was the sym·
the purpose of so co nceali n g him that another bol of possession,) with other formalities.
having a right to the lawful custody of such Bell; Burrill.
person shall be deprived of the same. 5 How.
HASPA. In old English law. Tlie hasp
215. 227. .A. distinction has been taken, in
of a door; by which livery of seisin might
some decisions, between "harbor" and "con·
anciently be made. where there was a house
ceal." A person may be convicted of har­
on the prellljses.
boring 1\ slave. although be may not have
concealed her. 24 Ala. 71. HASTA. Lat. A spear. In the Roman
law, a spear was the sign of a publ ic sale of
HARBOR, n. A haven, or a space of deep
goods or sale by auction. Hence the phrase
water 80 sheltered by the adjacent laud as to
" hastre subjice1°e ll (to put under the spear)
afford a safe anchorage tor ships.
meant to put up at auction. Calv i n .
"Port" is a word of largerimpol't. than "harbor, "
since it implies the presence of whal'ves, or at aoy In feudal la.w. A spear. The symbol
rn.Le the means and opportunity of receiving and used i n maJi:ing in vestiture of a flef. F�ud.
discharging cargo.
lib. 2, tit. 2.
HARBOR AUTHORITY. In England
HAT MONEY. In maritime law. Pri­
a harbor authority is a body of persons. cor­
mage; a 3 mall duty paid to the captain and
porate or unincorporate, being n l opriet ors of,
"
mariners of a ship.
01' intrusted with the duty of cOnJ�tI'llctjngt
impro ving, managing, or lighting, any har­ HAUBER. O. Fr. .A. high lord; a great
bor. St. 24 & 25 Vict. c. 47. baron. Spelman.

HARD LABOR. A. put';,�hUI r:II(', adcU­ HAUGH, or HOWGH. A. green Illet

Lional to mere imprisonment, sometImes im- in a valley.
 HAUL HE

HAUL. The use of this word, instead of
the statutory word "carry." in an indict­
ment cbarging that the defendant "did felo­
nio usly steal , take, and haul away" certain
p�rson alty, will not render the ind i ctm en t
bad. the words being in one sense equivale�t.
108 Ind. 171, 8 N. E. Rep. 9U.
HAUR. In old Eng li sh law. Hatred.
Leg . Wm. I. c. 16; Blonnt.
HAUSTUS. Lat. In the civ il law. A
species of servitude. consisting in the right
to dra w water from another's well or sp ring,
in which the iter, ( right of way to tbe well
or spring.) 80 far as it is n ecessary. is tacitly
included. Dig. 8, 3, 1 ; Mackeld. Hom. Law,
§ 818.
HAUT CHEMIN. L. Fr. Highway.
Yearb. M. 4 H en. VI. 4.
HAUT ESTRET. L. Fr. High street ;
high way. Yearb. P. II lien. VI. 2.
HAUTHONER. A man armed with a
Jacob.
coat of mail.
HAVE. Lat. A form of the saluta­
tory expr essio n «A.'�e." used in the titles of
some of the constitutions of the Theodosian
and Justinianean codes. See Cod . 7. 62, 9 ;
Id. 9, 2, 11.
HAVE. To poss ess corporally. "No
one, at common l a w, was said to ha'Ce or to
be in possession of l a n el , unless it w ere con�
veyecl to bi m by the livery of seisin , which
gave him the corporal in vestit u re and bodily
occupution thereof. " TIL Law Tracts, 1 13.
HAVE AND HOLD. A co mmon phrase
in con veyanci ng. deri ved from the habendum
et tenendum of the old common Jaw. See
HABENDU?tl ET TENENDUM.
H A W K E R . A trader who goes from
place to place. or along the streets of a town.
selling the goods which be carries with him.
It is perhaps not essential to the idea, but is gen­
erally understood from the word, that n. hawker is
to be one who not only carries goods for sale, but
seeks for purchasers, either by outcry, which some
lexicographers conceive as intimated by the der­
ivation of the word, or by attracting Dotine and
attention to them, as goods for sale, by an actual
exhibition or exposure of them, by placards or la­
bels, or by a conventional signal, like the sound
of a horn for the sale of fish. 12 Cush. 495.
HAWKING. The bllsiness of one who
sells or offers goods for sale on the streets,
by outcry. or by attracLing the atLention of
persons by exposing his goo ds in a publio
place, or by placards, labels, or Sig nalS. 107
Ind. 505, 8 N. E. Hep. 609.
HAY�BOTE. Another name for " hedge­
bote," being one of the eslovers allowed to a
tenant fur life or years, ni-l.mely, material for
repcliri n g the necessary hedges or fences of
hisgrolillds. 2 Bl. Comm. 35; 1 Washb. Real
Prop. 129.
HAYWARD. In old English law. An
officer appointed in the lord's co urt to keep a
common herd of cattle of a .tOWll; so cal led
because lIe was to see that they did not break
or injure the hedges of inclosed grounds.
His duty was also to i mpo u nd trespassing
cattle. and to g uard against pound-breaches.
Kitch. 46; Cowell.
HAZARD. An unlawful game at dice,
and those who play at it are called "hazard�
ors. " Jacob.
HAZARDOUS. Exposed \0 or involv­
ing dan g er j peril o us ; risky. I
The terms " hazardous," "extra-hazardous,"
" speci ally hazardous," and "not hazardous"

are well�understood tech nical terms in the

HAVEN. A plac. of a large receipt and
business of i ns u rance , having distinct and
safe riding of ships, so situate and secured
by the land circumjacent that the vessels
separate meanings. Although what goods J
are in cluded in each deSignation may no t b e
thereby ride and anchor safely, and are pro­
80 k no wn as to dispense with actual proof.
te cted by the adjacent land from dangerou s
the terms themselves are distinct and known
or viol ent winds; as Milford HaveoJ J:llym�
\0 b e 80. 38 N. Y. 364; 47 N. Y. 597.
outh Haven, and the like. Hale de Jure K
Mar. p ar. 2. c. 2. HAZARDOUS CONTRACT. A con­
HAW. A small parcel of land 80 called tract in which the performance of that which
is on e of its objects depends on an uncertain
in Kent ; houses. Co. Litt. 5.
event. Civil Code La. art. 1769. See I J.
HAWBERK. He who held land i n J. Marsh . 596. L
France. by fin ding a coat or shirt of mail,
HE. of thi s pronoun
The use in a writ.
wi th which he was to be ready when called
ten instrument. in referring to a person
apon. Wharton.
whose Christian name is designated therein
HAWGH, HOWGH. In old English by a mere initial, is not concl u sive that the M
taw. A valley. Co. Litt. 5b. person referred to is a male; it may be sbowD
 HE
by parol that the person intended is a female.
11 Cal. 38. 11 Pac. Rep. 802.
He who has committed iniquity shall
not have equity. Francis, Max.
He who seeks equity must do equity.
It is in pursuance of th is' maxim that equity
enforces the right of the wife's equity to a
,ettlement. Snell. Eq. (5th Ed.) 374.
HEAD. Chief; leading; principal; the
upper part or principal source of a stream.
HEAD OF A CREEK. This term
means the source of the longest branch, UD­
less general l'eputation has gi ven the appel­
lation to another. 2 13ibb, 110.
HEAD OF A FAMILY. A term used
in homestead and exemption laW8 to designate
a person who maintains a family ; a bouse­
holder.
HEADBOROUGH. In Saxon law. The
head or chief officeL' of a borough; chief of
the frsnkptedge tithing or decennary. This
office was afterwards. when the pettyconsta­
bleship was created, united with that office.
HEAD-COURTS. Certain tribunals in
Scotland. abolished by 20 Geo. II. c. 50. Ersk.
1. 4. 5.
HEADLAND. old English law. A
In
narrow piece of unplowed land left at the end
of a ploweu field for the t.urningof the plow.
Called, also. "butt."
HEAD-NOTE. A syllabus to a reported
case; a summary of the points decided in the
case, which is placed at the head or begin.
n ing of the repo rt.
HEAD-PENCE. An exaction of 40d. or
more, collected by the sheriff of Northumber­
land from the people of that county twice in
every seven years, without. account to the
king. Abolisbed i n 1444. Cowell.
HEAFODWEARD. In old EngliSh law.
One of the services to be rendered by a thane,
but in what it consisted seems uncertain.
HEALGEMOTE. In Saxon law.
A
court-baron; an ecclesiastical court.
HEALSFANG. In Saxon law. A sort
of pillory, by which the head of the cu lprit.
was caught between two boards, as feet are
caught in a pair of stocks. Cowell.
HEALTH. Freedom trom sickness or
auffering. The right to the enjoyment of
health is a subdivision of the right of per­
sonal security, one of tlle absolute rights of
564 HEABTH MONEY
persons. 1 B1. Corom. 129. 134. A. to in·
juries affecting health, see 3 Hl. Comm. 122.
HEALTH LAWS. Laws prescribing
sanitary measures, and de signed to promote
or preserve t11.e health of the community.
H E A L T H O F F I C E R . The officer
charged witb tbe execution and enforcement
of health laws. The powers and duties of
health officers are regulated by local laws.
HEALTHY. Free frorn disease or bodily
ailment, or any state of the system peculiarly
susceptible or liable to disease or bodily ail­
ment. 13 1 red. La w, 356.
HEARING. In equity practice. The
hearing of the arguments or the couDsel for
the p�t.rties upon the pleadings. or pleadings
and proofs; corresponding to the trial of an
action at law.
'I'he word "bearing " bas an establishod meaning
as applicable to equity cases. It means the same
thing in those cases that the word "trial n does in
cases at law. And the words "final bearing " have
long been used to designate the trial of an equity
case upon the merits, as distinguished from the
bearing of any prelimi�ary questioos arising in
the cause, aod which are termed winterlocutOl·Y. "
24 Wis. 111.
In criminal law_ The examination of a
prisoner charged with a crime or misdemean­
or, and of the witnesses for the accused.
HEARSAY. A term applied to that spe­
cies of testimony given uy a witness who re­
lates, not what he knows personally, but what
otbers have told him, or what he has beard
said by others.
Hearsay evidence is that which does not
derive its value solely from the credit of the
witness, but rests mainly on the veracity and
compete n cy of other persons. The very nat·
ure of the {'.vidence shows its wealmess. and
it is admitted only in specified cases from
neceSSity. Code Ga. 1882. § 3770; 1 Phil.
Ev. 185.
Hearsay evirjence is second-hand evi.
dence, as distinguished from original evi­
dence; it is the repetitiun at second-hand of
what would be original evidence if given by
the person who originally made the state­
ment.
HEARTH MONEY. A tax levied in
England by 8t. 14 Car . n. c. IO, conSisting of
two shillings on every hearth or stove in the
kingdom. It was extremely unpopular, and
was abolished by 1 W. & M. St. 1. c. 10.
This tax was otherwise caUed " c himne}
money. "
 HEARTH SILVER 565 HEIR AT LAW

HEARTH SILVER. In English law. Mahomet w as compelled to escape from

A speci es of modus or composition for ti th es . Mecca, which bappened on Friday, July 16.
A..llstl'. 323, 326. A. D. 622, under the reign of the Emperor
H('raclius. Wharton.
HEAT OF PASSION. In crlm inal l"w.
A state of violent and uncontrollahle rage HEGUMENOS. The leader of Ihe monks
engendered by a b10w or certain other pro\'o­ in the Greek Church.
catiaH giv en. w h ic h w i ll red uce a homicide
HEIFER. A young cow which bas not
from the grade of murder to that of man­
slaughter. A s tate of mind contradistin­
had a calf. 2 East. P. O. 616.

guished from a cool state of the blood. 66 HEIR. At common law. A pers on
Mo. 13; 74 Mo. 250. who succeeds, by the rnles of law, to an estate
in lands. te ne me nts , 01' hereditaments, upon
HEBBERMAN. An unlawful fisber in
...ondon bridge;
the .Thames bel ow T so c alled the death of hig an cestor, by descent and

tide
right of relationsh ip .
becal1se they generally fished at ebbing
The term "beir" has a. very different signiftca­
or water. 4 Hen. VII. c. 15; Jacob.
tiOD at oommon law from what it has in those
HEBBERTHEF. In Saxon law. The states and countries which have adopted the civil
law. In the latter, the term is indiscriminately
privilege of bavi n g the goods of a thief, and
applied to aU persons who are called to the succes­
the tri al of him, within a certain liberty.
sion, whether by the act of the party or by opera­
Cowell. tion of law. The person who is oreated universal.
successor by a will is called the "testamentary
H E B B I N G -WEARS. A device for heir; II and the next. ot kin by blood is, in cases of
catching fish in ebbing water. St. 23 Hen . intestacy, called tho "heiT at law, " or "beir by in­
VIII. c. 5. testacy. " 'i'he executor of the common law in
many respects corresponds to the testamentary
HEBDOMAD. A. week; a space of seven heir of the civil law. Again, the administrator in
days. many respects corresponds with the heir by intes­
tacy. By the common law, executors and admin­
HEBDOMADIUS. A week's man j the istraUirs have no right except to the personal elt­
canon or prebendary in a cathed ral church, tate of the deceased; wb.el'ens the heir by the civil
law is a.uthorized to administer both the personal
who had the peculiar care of the choir and
and real estate. Story, Confi. Laws, §§ 507, 508.
the offices at it for his own week. Cowell.
In th e civil law . A un iversal sliccessor
HEOCAGIUM. In feudal law. Rent in the event of de ath . He who actively or
paid to a lord at the fee for a liberty to use passively s u cceeds to the entire property or
the engines called " hecks. " estate, rights and obligations, of a deced en t,

An engine to take ash In the

and occupies his pl ace.
HEOK.
The term"heir" has saveral significations. Some-­
river Ouse. 23 He n . VDI. c. 18.
times it refers to one who has formally accepted
a succession and taken possession thereof; some-­
HEDA. A small haven, wharf. or land­
tng place.
t.lmes to one who is called to 8uccel:ld, but still re­
tains the faculty of aocepting or renouncing, aod
I
it Is frequently used as applied to one who hu
HEDAGIUM. Toll or customary dues
formally renounced. 26 La. Ann. 417.
at the hithe or wharf. for landing goods, etc.,
from which exemption was granted by the In Scotch law. The pe rso n who suc­
crown to some particular persons and socie­ ceeds to the heritage or heritable rights of
J
ties . Wharton . oue deceased. 1 Forb. lnst . pt. ii. p. 75. The
word has a more exten ded signification lhan
HEDGE-BOTE. An allowance of wood in English law. comprphe ndin g not only those
tor repairing hedges or fences. wbich a ten­ who succeed to lands, iJut successors to per­
&nt or lessee has a right to take off the land sonal property also. Wharton. K
let or demised to him. 2 Bl. Comm. 35.
HEIR APPARENT. An heir whose
HEDGE-PRIEST. A.. vagabond priest
right of inheritance is indefeasible, provided
In olden time. he outlive the an ces tor ; as in England the
HEGEMONY. The leadeI1lhip of one eldes t son, or his iss ue , who mnst, by the L
among several independent confederate course of the common law, be beir to the
etates. father whenever he happens to die. 2 Bl.
Comm. 208; 1 Stepb. Oorum. 358.
HEGIRA. The epoch or acconnt of time
used by the A rabian s and the Turks. who HEIR AT LAW. He who. afler hi. M
begin their computation from the day that an cestor's death intestate, has a right to in-
 HEIR B E N E F I CL\RY 566 HEIR SUBSTITUTE, IN A BOND

berit all lands. tenements. and l!eredltuments or conventional lieir, who takes the succes­
which belonged to h i m or of wliich be was sion in virtue of the disposition ot. man.
leised. The same as "heir gE'neral." See Civil Code La. arts. sn, 875.

HEIR BENEFICIARY. In the civil HEIR-LOOMS. Such goods and chatt,i.

law. One who bas accepted the succession as, contrary to the nature of chattels, shall go
under the benefit of a n inventory regularly by special custom to the heir along with the
made. inheritance, and not to the executor. The
Beirs are divided into two classes, according to termina.tion "loom!' (Sax.) signifies a limb or
the manner in which they accept the successions member; so that a n heir-loom is nothing else
left to them, to-wtt, unconditional and beneficiary but a limb or member of the i n heritance.
heirs. Unconditional heirs are tbose who inherit
They are ge neral ly such th i n gs 88 c an n ot be
without any reservation, or without making an in­
ventory, whetber their acceptance be express or taken away without damaging or dismem�
tacit. Beneficiary heirs are those who have ac­ bering the freebold ; such as deer in a park,
cepted the succession under the benefit of an in­ doves in a cote, deeds and charters, etc. 2
ventory regularly made. Civil Code La. art. 881.
Bl. Cornm. 427.
HEIR BY CUSTOM. In English law.
HEIR MALE. In Scotch law. An beir
One whose right of i nheritance deptmus upon
institute, who. thuugh not next in blood to
a particular and local custom, such as gavel�
the deceased, is his nearest male relation that
kind, or borough English. Co. Litt. 140. can succeed to him. 1 Forb. lnst. pt. 3. p. 76.
H E I R BY D E V I S E . Oneto whom HEIR OF CONQUEST. In Scotch law.
lands are devised by will; a devisee of lands. One who succeeds to the deceased in con�
Answering to the hares factus (g. n.) of tbe quest. i. e., lands or olher heritable rights to
civil lnw. which the deceased neither did nor could suc­
ceed as heir to bis predecessor.
HEIR COLLATERAL. One who I.
noL linea lly related to the decedent. but is of HEIR OF LINE. In Scotch law. One
collateral kin; 6. g., bis uncle, cousin, brotl1er, who succeeds lineally by right of blood; one
nephew. who succeeds to the deceased in his herit.age ;
i. e., lands and other heritable rights dari ved
HEIR CONVENTIONAL. Inthecivil
One who takes a succession by vi rtue
to him by Sl1cc�ssiou as heir to his p l'edel:6S
law.
'

sor. 1 F orh . Inst. pt. 3, p. 77.

of a contract or settlement entitling him
thereto. HEIR OF PROVISION. In Scotch iaw.
One who succeeds as heir by virtue of a par·
HEIR, FORCED. One who cannot be
ticular provision in a deed or iustrument.
disinherited. See FORCED HEIRS.
HEIR OF TAILZIE. In Scotch iaw.
HEIR GENERAL. An heir .t iaw.
He on whom an est.ate is settlt'd that. would
The ordinary beir by blood. succeediug to all
Dot have fallen to him by legal suczes�ion. 1
the lands.
Forb. Inst. pt. 3, p. 75.
HEIR INSTITUTE. In Scotch law.
H E I R PRESUMPTIVE. The person
One to whom the right of succession is as­
who, if the ancestor should die imml'diate­
certained by disposition or express deed of
Iy. wou]!1. in the present circumsta.nces of
the deceased. 1 Forb. lnst. pt. 3, p. 75.
things, be his heir, but wbose right of in­
HEIR, IRREGULAR. In Louisiana. heritance may be defealed by the conLin�
Irregular heirs are those who are neither tes· gency of some nearer heir being born ; as a.
tallentary nor legal, and who ha ve been es­ brother or nephew, whose presumptive BUC�
tablished by law to take tlle succession. See cession may be destroy�d by the birth of a
Civil Code La. art. 874. ·When there aro no child. 2 Ill. Comm. 208; 1 Step h . Comm.
direct or collatpral relatives surViving the 358.
decenent. and the succession consequently HEIR SPECIAL. In E ngl is h law. The
devolves upon the surviving husband or issue in tail, who clailll8 per f01·mam doni;
wife, or illegitimate children, or the state, it. by the form of the gift.
is called an " irregular succession. OJ
HEIR SUBSTITUTE, IN A BOND.
HEIR, LEGAL. In tbe civil law. A. In Scotch law. He to whom a bond is pay.
legal heir is one who takes the succession by able expressly i n case of the creditor's dPr­
relationship to the decedent and by force of cease, or after his death. 1 Forb. lost. pt.
law. This is different from a testamentary 3, p . 76.
 HEIR TESTA)lENTARY 567 HERALD

HEIR TESTAMENTARY. I n the clvil for ; it is not found in any Anglo-Sa xon law
law. One who 1s namod and apPointed heir extant. Wharton.
In the testament of the decedent. This name
HENCHMAN. A page; an attendant; .
distinguishes h i m from a legal hei r, (one up­
herald.
on whom the law casts the succession.) and
from a con'Oentionat h eir, (one who takes it HENEDPENNY. A customary pay­
by vbtue of a pre vious contract or settl e­ ment of money instead of hens at Chrlstmaloll
ment.) a composition for eggs. Cowell.

H E I R UNCONDITIONAL. In the HENFARE. A fins for flight on account

civil law. One who inhuits without any of murder. Dom esd ay Book.
reservation . or without making an inventory.
HENGHEN. In Saxon law. A prison.
whether bis acceptance be express or tacit.
a gaOl. or lJouse of correction.
Distinguished from heir b�nejiciary. (g:. 'D.)
HENGWYTE. Sax. In old English
HEIRDOM. Su ccessio n by inh eri tance. law. An acqu iLtance from a fine for bang­

HEIRESS. A female heir to a person

ing a thief. Fleta, lib. I, c. 47, § 17.
baving an estate of inheritance. When there HENRICUS VETUS. n.nry the Old,
are more than one, they afe called "co-.heir. or Elder. Kin g IIenry I. is so called in an­
esses," or "co-beirs. " c ient English ch ronicl es and charters, to dis­
tiu gu ish him from the subsequent kings ot
HEIRS. A word used in deeds of convey­
that name. Spelman.
ance, (either solely. or in co n nec tion with
oth ers.) where it is intended to pass a fee. HEORDFlETE, or HUDEFlEST. In
Saxo n law. A master of a fam ily. keeping
HEIRS OF THE BODY. An beir be­
bouse. distinguished from a lower c1ass of
gotten or borne by the person referred to; a
freemen, viz . , fol{Je1'as. (folgarii,) who had
lineal descendant. The terms " natural lleirs"
no habitations of t.heir own. but were bouse­
and "heirs or the body!' in a will. and by
retainers of their lords.
way of executory devise, are considered as of
tbe same legal import. 19 Conn. 112. HEORDPENNY. Peter-pence, (q. �.)
HEORDWERCH. In Saxon law. The
HEIRSHIP. The qu ality or condition of
service of herdsmen, done at the will of their
being heir. or tbe relation b�tween the beir
lord.
aou his ancestor.
HEPTARCHY. A govern ment exercised
HEIRSHIP MOVABLES. In Scotch
by seven persons, or a nation divided into
law. The movables which go to the iJeir.
seven governments. In the year 560, se ven
and not to the executor. that the lund may
different monarchies had been formed in
not go to the heir completely dismantled, such
En gland by tbe German tribes, namely. that
as Lhe best of furniture, IlOrse8. cows. elc.,
of Kent by the Jutes; those of Su ssex , Wes­ I
but not fungibles. Bell.
sex, and Essex by the Saxons; and those of
HELL. Th e name given to a place under East Ang-Jill, Be rni ci a, and Deira by the An­
the exchequer chamber, where Lhe king'! glE!s. To tbese were added, about the year
de;:btors were conOned. Rich. Dict. 5136, an e igh th , called the "Kingdom of Mer­
cin,, " also fon neled by the Angles, and com­
J
HELM. Tlt<tLcb or straw; a covering for prehe ndi ng nearly the whole of tbe h ea rt ot
the head in war; a coat of arms l>earing a the kingdom. These states formed what bas
crest; the tiller or handle of the r udder of a been designated the Anglo-Saxon Octar­
{I

shi p. cily," or more commonly. though not 80 cor­

HELOWE-WALL. The end-wall cover­ rectly, the " Anglo-Saxon Heptarchy," from

ing and defending the rest of the bu ildi ng. the custom of speak ing of Deira and Berllicia

Paroch. Antiq. 573. ulluer the single lIppel1ation of the "King-Jom

of Nortiiumberlan d . " Wharton.
HELSING. A Saxon brass coin . of the L
HERALD. In anci ent law. a herald was
value of 8 balf-penny.
a diplomHtic messt'nger who carried message..

H E M O LD B O R H , or HELMEL­ between kings or states. aDd especially proc­

BORGH. A title to possession. The ad­ lamations of war, peace, or tr uc e. In En·
m iasion of this old Norse term into the Jaws glish law. a herald is an officer wbose dutl' M
of the C onquero r is difficult to be accounted is to keep genealogi cal lists and tables, ad·
 HEBALDRY 568 HE ltEDITAMENTS

just armorial bearings, and regulate the cer­ HERCISCUNDA. In the civil law. To
'
'8tnonies at. royal coronations and funerals. be divided. Familia herciscu,nda, an in�
heritance to be di v ide d. ..dctin familice her·
HERALDRY. The art. office, or science ciscu,nda, an actio n for dividing an inher·
of heralds. Also an old and obsolete abuse itance. E1'ci:;cunda is more commonly uSeQ
of buying and selling precedence in the pa­ in the civil law. Dig. 10, 2 ; Inst. 3, 28, 4:
per of causes for heari ng. rd. 4, 6, 20.

HERALDS' COLLEGE. In England. HERDEWICH. A grange or place for

An ancient roya l corporation, first i nstituted cattle or hUSbandry. MOil. Angl. pt. 3.
by Hichard III. in 1483. It comprises three
• H E R D W E R C H . HEORDWERCH.
kings of arms, six heralds, <t11(l four marshals
Herdsmen's work, or customary labor, done
or pursuivants of arms, together with the
by shepherds autl inferior tenants. at the will
earl marshal anll a secretary. The heralds'
of the lord. Cowell.
books. cum piled when progresses were sol­
emnly and reg-llJarly made into every part of HEREBANNUM. In old English law.
the kingdom. to inquire into the state of fam­ A proclamation Bummoning the army into
ilies. and to regi.ster suell marriages and de­ the field.
scents as were verified to Lhem upon oath. A m u lct or fine for not joining the army
are allowed to be g-ood evidence of pedigrees. when sum moned. Spelman.
The heralds' office is still allowed to make A tax or tribute for the support of the
grants of arms and. to permit change of army. D u Cange.
names. S Starki e, Ev. 843j Wharton.
HEREBOTE. The royal edict summon
HERBAGE. In English law. An ease­ log the people to the tield. Cowell.
ment or lilJel·ty, which consists i n the right
HEREDAD. In Spanish law. A piece
to past ure Ctlltle on another's ground.
of land under cultivation; a CUltivated farm,
Feed for cattle in fie�ds and pastures. real estate.
Bract. fol. 222; Co. Litt. 46; Shep. TOllch.
97. A right to herbage does not include a HEREDAD .YACENTE. From Lat.
right to cut grass. or dig potatoes, or pick "hCE1'editas jacens," (q.�.) I n Spanisll law.
apples. 4 N. H. 303. An inheritance not yet eutered upon or ap­
propriated. White, New Recap. b. 2, tit. 19,
HERBAGIUM ANTERIUS. The tirst c. 2, § 8.
crop of grass or hay, i n opposition to after­
HEREDERO. In Spanish law. Heir;
math or second cutting. Paroell. Antiq.
he who, by legal or testamentary disposition,
459.
succeeds to the property of fl deceaged per­
HERBENGER, or HARBINGER. An son. .. Hceres censeatur cum defu/luto una
ofll eer in lhe royal house. who goes before eademque persona. n Las PHI"tidas. 7, 9, 13.
and allot!! the noblemen aIllI tbose of the
HEREDITAGIUM.. In Sicilian and Ne­
household tbeir lodgings; also an i n nkeeper.
apolitan li.\w. That which is held by beredi­
HERBERGAGIUM. Lodgi ngs to re­ tary dgilt; the same wi th hereditamentum
ceive guests 1n the way of hospitality. Cow­ (hereditament) in English law. Spelman.
ell
HEREDITAMENTS. Things capabl.
HERBERGARE. To harbor; to enter­ of being in ht:rited. be it corporeal or incorpo�
tain. real, real, persollal, or mixed, and including
Dot only lands and everything thereon, but
HERBERGATUS. Harbored or enter­
also heir�looms, and certain furniture which,
tained in an inn. Co well.
by custom, may descend to the heir together
HERBERY, or HERBURY. An Inn. with the land. Co. Litt.. 5b; 2 Bl. Comm.
Cowell. 17.
The two kinds of hereditaments are cor­
HERCIA. A. harrow. Fleta. l ib. 2, e. p01'eal, w hi ch are tangible. (in fact. they
77. mean the same thing as land.) and inco1'Po­
HERCIARE. To harrow. 4 lnst. 270. real, which are not tangible, and are the
ri ghts and profits annexed to or issuing ou�
HERCIATURA. In old English law. of land. 'Vlmrtoll.
narrOWing; work with a uarrow. Fleta, The term includes a. few rights unconnected
lib. 2, c. 82, § 2. with laod, but it. is gcne!"ally 1180d as the wides1.
 IIEHEDITAI\Y 569 HERITABLE JURISDICTIONS

expression lor real property ot &11 kinds, and is present I,)r time fu t ure, and has no definite
therefore employed in conyeyances after the words and precise lignification beyond this . 40
"lands '" ana " !,enements, " to include everything
of the nature or realty which they do not cover.
Conn . 157.
Sweet. HERE TUM. In old records. A. court
HEREDITARY. That which t. the BUb­ or yard for drawing up g uards or military
ject of inheritance. retinue. Cowell.

HEREDITARY RIGHT TO THE HEREZELD. In Scotch I... . A gtft or

CROWN. The crown of England, by the present made or left I;y a tenant to his lord
positive constitution of tb� k ing d o m, has ever as a token of reverence. Skene.
been descendible, and 80 c ont i n ne s, in R
HERGE. In Saxon law. Offenders who
course pec ulia r to itself. yet s u bj ect to limita­
joi ned ill a body of more than thirty-five to
tion by pal'l i am ent ; but. llotwi thsli\nding
commit depredations.
8uch limitation, the crown retains its de­
scendible quality. and becomes hereditary in HERIGALDS. In old English law. A
the pr ince to whom it is limited. 1 BI. !ort of garment. Cowell.

Comm. I9I.
HERIOT. In English law. A custom­
HEREFARE. Sax. A going into or ary tribute of goo(ls and ch a ttels , payaLle to
with aD army ; a going out to war, (pro/oo' the lord of the fee on the decease of the own�
tiD militarls/) an expedition. Sp elm an. er of the lan d.
Heriats are divided into herlot s(;'rtJ'ce and herioi
HEREGEAT. A heriot. (g. �.) cHstom.. The former expression denotes such u

Sax. In old E nglish l a w . are due upon a special re�ervation in a grant 01'
HEREGELD.
lease of lands, and t.herefore amount to little more
A. tribute or tax levied for the maintenance
tha.n a. mere reut.; tlle latter arise upon no specio.l
of an army. Spelman. reservation whatever, but depend solely upon im­
memorial usage and custom. 2 BL Comm. 422.
HEREMITORIUM. A place of retir.·
went for hermits. Mon. Ang!. tom. 3, p. 18. HERISCHILD. A species of milita",
service, or knight's fee. Cowell.
HEREMONES. Followers of an army.
HERISCHULDA. [n old Scotch I. IV .
HERENACH. An archdeacon. Cowell
A fine o r penalty for not obeying the proe-­
HERES. Heir; an heir. A form of larnation made for warfare. Skene.
haTes. very comUlon in the civil la w. See
HERISCINDIUM. A di vision of bouse­
H£REB.
hold goods. Blount.
HERESCHIP. In old Scotch law. Tbert
R E R I S L I T. Layin g down ot arms.
or roLuery. 1 Pitc. Crim. '.rr. pt. 2. pp.
J310uut. Desertion from the army . �pel­
26. �9.
man.
HERESLITA, HERESSA, HERESSIZ. I
A hired soldier who departs without license.
HERISTAL. The station at an army;
the place where a camp is piLched. Spel�
4 I nst . 128.
man.
HERESY. In E nglish Jaw. An ofi'enB6
agai ns t religion, con s ist i n g not in a total de­
HERITABLE.
by descent .
Capabie of betng taken
A ter m chieOy used in :Scotch
J
nial of Chdstianity, but of some of its essen­
law, where it enter s into several phras es .
tial doctrines, publiclY and obstin ately
avow ed. 4 HI. Corum. 44. 45. An opinion HERITABLE BOND. In Scotch law.
on di vi n e 8uujects devisrd by h u rnan reaSon,
openly taught. and obstinately mai ntai ned.
A bond for a sum of money to whicb is added,
for further s ec urity of the creditor. a con v ey·
K
1 nale. P. C. 384. This offense is now sub­ ance of land or beritage to be held by the cred­
jecL only to ecclesiastical correction , and is itor as pledge. 1 Ross, Cony. 76; 2 Ross,
no longer punis hable by the secular law. " Conv. 324.
Steph. Comm. 233.
HERITABLE JURISDICTIONS. IB
l
HERETOCH. A general , leader. or com­
Scotch law. Grants of cl'iminal jurisdiction
mander; allO a baron of the real m. Du
formerly besto wed o n great families in Scot­
Fresne.
land, to fa cilitat e the administration of jus­
HERETOFORE. Th is word si mply d.. tice. Whishaw. Abol isbed in effect by St. M
notrB time past, in distinction from tim e 20 Geo. II. c. 5U. TomiillJl.
 HERITABLE OBLIGATION 570 HIDE

H E RI T AB L E OBLIGATION. In HERPEX. A harrow. Spelman.

Louisiana. An obligation is heritable ,
...· hen
HERPICATIO. In old English law. A
the heirs and assigns of ODe party roay en­
day's work with a harrow. Spelman.
force the performance against the beirs ot
the otber. Civil Codo La. art. 1997. HERRING SILVER. This was a com·
position in money for the custom of su ppiy�
H E R I T A B L E RIGHTS. In Scotch
ing herrings for the provision of a religiou!
law. Right8 of the heir; all .;rights to land
house. Wharton.
or whatever is connected with' land, as mills.
fishings, tithes. etc. HERUS. A master. Be1"1Y!t.f facit ut
heru,s det, the servant does [the work ] in
HERITAGE. In the civil law. Every
order that the master may give [him the
species of immovable which can be the sub.
wages agfeed on.] Herus dat ut se1"1JUS
ject of proper ly ; such as lands. hOUBPS, or ­

facit. the master gives [or agrees to g i vet

clmrds. woods, marshes, ponds, etc., in what­
the wages.] in consideration of, or with a
ever mode tuey may have been acquired,
view to, the servant's doing [tbe work.] 2
either by descent or purchase. 3 TallUiar,
BL Comm. 445.
no. 472.
HESIA. An easement. Du Cange.
In Scotch law. Land, and all property
connected with land ; real estate, as distin­ REST CORN. In old records. Corn or
guisbed from movables. or personal estate. grain given 01' devoted to religi ous persons
Bell. or pu rposes. 2 Mon. A ngl. 367b; Cowell.
HERITOR. In Scotch law. A proprio HESTA, or HESTHA.. A Uttlo loaf of
etor of land. 1 Kames, Eg. Pref. bread.
HERMANDAD. In Spanish law. A HET lERARCHA. The head of a rolig.
fratel'nityformed amongdiITerent towns and ious house; the head of a college ; the warden
villages to pre\ ent tiJe commission of crimes,
"
of a corporation.
and to prevent the al.l1Lses and vexations to
which they were subjected by IDen in power. HETlERIA. In Roman law. A com·

Bouvi er. pany, society. or college.

HERMAPHRODITE. An animal or HEUVELBORH. Sax. In old English

human being so malformed as to have the law. A surety, (warrantll-l.)
organs of gen eration of both sexes. HEYLODE. In old records. A custom­

Hermaphroditus tam masculo quam ary burden upon inferior tenants, tor mend­

fcaminre comparatur, secundum prreval. ing or repairi n g hays or hedges.

entiam seXUB incalescentis. An her­ HEYMECTUS. A hay·net; a net for

maphrodite is to be considered male or fe­
catching conies. Cowell.
male according to the predominanc e of the
exciting sex. Co. Litt. 8; Bract. fol. 5. HIBERNAGIUM. The season for sow­
ing winter corn. Cowell.
HERMENEUTICS. Tbe scienco or art
ot construction and interpretation. By the HIDAGE. An extraordinary tax for�
phrase " legal hermeneutics" is understood merly payable to tIle crown for every hide of
the systematic body of rules wbich are recog­ land. This taxation was levied, not in mon­

n iz ed as applicable to the construction and ey. but p ro vision of armor, etc. Cowell.

interpretation of legal writings.. HIDALGO. In Spanish law. A noblej

HERMER. A great lord. Jacob. a person entitled to the rights of nobility.
By hidalgos are understood men cbosen from
HERMOGENIAN CODE. Soo CoDEX
good situations in Hfe, (de buenos lugures,)
HERMOGENIANU8.
and possessed of property, (alga.) 'Vhite,
IIERNESCUS. A heron. Cowell. New H(lcop. b. 1, tit. 5, c. Ie

H E R N E S I U M, or HERNASIUM. HIDALGUIA. In Spanish law. Nobil­

Household goods ; implements of trade or ity by descent or lineage. White, New
husbandry; the rigging or tackle of a ship. Recap . b. 1, tit . 5, c, 8, § 4.
CoweU.
HIDE. In old English law. A m easure
HEROUD, HERAUD. L Fr. A ber. of land, being a3 much as could be worked
ald. with one plow. It is variously estimated at
 ElDE AND GAlN 571 HIGH CRIMES

trom 60 to 100 acres. but was probably de­ HIGH CONSTABLE OF ENGLAND.
Lerlllined by local usage. Another meaning LORD. His office baa been disused (except
was as much land as would support one only upon great and solemn occasions. 8S the
ramily or the dwellers in a mansion-house. coronation, or the like) since the attainder
Also a bouse; a dwelling-house. of SLaiford. Duke of Buckingham, in the
reign of Henry VII.
HIDE AND GAIN. In English law.
A tei'm anciently applled to arable land. HIGH COURT OF ADMIRALTY.
Co. Litt. 85b. In E nglish law. This was a .court which ex:­
ercised jurisdiction in prize cases, and had
HIDE LANDS. I n Saxon law. Lands general jurisdiction in IDL.ritime causes, on
belonging to a hide; that is, a house or the instance side. Its proceedings were
mansion. Spelman. usually in rem, and its prac ti ce and princi­
HIDEL. In old English law. A place
ples deriveu in large m(laS lire from the civil
of protection ; a sanctuary. St. 1 Hen. VII. la w. The jUdicature acts of 1873 transferred
cc. 5, 6: Cowell.
all the powers and j ur1sdiction of this tri­
bunal to the probate, divorce, and admiralty
HIDGILD. A sum of money paid by a diviSion of the bigh court of justice.
villein or servant to save himself from a
H I G H COURT OF DELEGATES.
whipping. Fleta, 1. 1, c. 47, § 20.
In English law. A trilmnal which formerly
HIERARCH�. Originally, government exercised appellate jurisdiction over cases
by a body of priests. Now, the body of offi­ brought from the ecclesiastical &ond admiral­
cers in any church or ecclesiastical institu_ ty courts. 3 HI. Comm. 66.
tion, considered as fOfming an ascen ding se­ It was a court of great dignity, erected by
ries of ranks or degrees of puwer and au­ the statute 25 Hen. VII. c. 19. It was abol­
thori ty. with tbe correlative subjection, each ished, and its j Ilr isdiction transfel'red to the
to the one next above. Derivatively, any judicial commi ttee of the privy council.
body of men, ta\{en in their public capacity,
HIGH COURT OF ERRORS AND
and consid ered as forming a chaiu of powers,
APPEALS. The court of last resort in the
as above described.
state of MiSSissippi.
HIGH BAILIFF. An officer attached
HIGH COURT OF JUSTICE. That
to an English county court. His duties are
branch of the English supreme court of judi­
to attend the court when sittin gj to serve
cature (q. v.) which exercises (1) the original
summonses; and to execute orders, W1trrants,
j urisdiction formerly exercised by the court
writs. etc. St. 9 & 10 Viet. e. 95, § 33; Poll.
of chancery, the courts of queen's bench.
C. C. PI'. 16. TIe also has similar duLies UD­
common pleas, and exchequer, the courts of
der the uankruptcy jurisdiction of the county
probate, divol'ce, and admiralty, the court of
courts.
common pleas at Vmcaster, the court of pleas I
HIGH COMMISSION COURT. In at DUl'ham, and the courts of the judges or
English law. An ecclesiastical court of very commissioners of assize j and (2) the appellate
formidable jn risdictiotl, for the vindication jurisdiction of such of those courts as heard
of the peace and d i gn ity of the church, by re­ appeals from inferior courts. Judicature
forming. ordering. and correcting the eccle­ act, 1873. § 16. J
siastical state and persons, and all manner of H I G H COURT OF JUSTICIARY.
errors, heresies, schisms, abuses. offenses, See CoURT OF JUSTICIARY.
contempts, and eno rmi ties. :1 HI. Comm. 67.
It was erected by St. 1 E liz. c. 1, and HIGH COURT OF PARLIAMENT. K
abolished by 16 Car . !. e. H . In English law. The English parliament. as
composed of the bouse of peers and house of
HIGH CONSTABLE. In English law. com mons; or the bouse of lords sitting in
An officer of public justice, otherwise called its judicial capacity.
"chief constable" and "constable of the hun­ L
dred, II whose proper duty is to keep the ki n g's HIGH CRIMES. High crimes and mis­
peace within the hundred, as the petty con­ demeanors are such immoral and unlawful
stable does ,viLbin the parish or to wnship. acts as are nearly allied and equ al in g uilt to
s Steph. Comm. 46, 47. See CONSTABLE. felony, yet, owing to some technical circum-
An oUleer appOinted in some cities with stan ce, do not fall wi thi n the definiti on of M
powers ge nerally limited to matters of pOlice. "felony. " 6 Conn. 417.
 HIGH JUSTICE
IDGH JUSTICE. In feudal law.
jurisdiction or right of trying crimes of ev­
ery kind, even the higllest. This was a priv­
ilege claimed and exercised by the great lords
or barons ot the middle ages. 1 Robertson's
Car. V'f appendix, note 23.
HIGH JUST ICIER. In old French and
Ca.nadian law. A feudal lord who exercised
the right called " high justice. tf Guyot,
lnst. Feod. c. 26.
HIGH MISDEMEANORS. See MIs­
PRISION ; HIGH CRIMES.
HIGH SCHOOL. A scbool In whicb
higher branches of learning are taught than
in t h e common 8chools. 123 lUass. 306.
8chool in which Buch instruction is given as
will prepare the students to entel' a college
or university.
HIGH SEAS. Theocean; public waters.
Accordi ng to the English doctrine. the high
sea begins at tue distance of three miles froID
the coast of any country ; according to the
American view, at low-water murk, except
in the case of small harbors and roadsteads
inclosed within the fauces tern:e.
The open ocean outside of the fauces terrlE.
as distinguished from arms of the sea; the
waters of the ocean without tile boundary of
any county.
Any wuters on the sea-coast which are
without tbe boundaries of low-water mark.
HIGH STEWARD, COURT OF THE
LORD. In Englisb law. A tribunal insti­
tuted for tbe trial of peers indicted for trea-
80n or felony, or for misprision of either,
but not for any other offense. The office is
very ancient, and was formerly hereditary.
or held for life, or dum bene 8e gesserit j but
it has been for many centuries granted
hac t)ice only. and al ways to a lord of parlia­
ment. When, therefore. such an indictment
is found by a grand jury or freeholders in
the queen's bench. or at the assIzes before a
j udge of oyer and terminer, it is removed by
1\ writ of ce1·tiorari i nto the court of the lord
high steward, which alone has power to de­
termine it. A peer may plead a pardon be�
fore tbe queen's bench, in order to prevent
the trouble of appointing a bigh steward.
merely to receive the ple<:l, but he cannot
plead any otber plea, because it is possible
that. in consequence of snch plea, jUdgment
of death might be pronounced upon him.
'Vbarton.
HIGH TREASON. In English law.
Treason against the king or sovereign, as
572 H1GHWAY
The distinguished from petit or petty treason,
which might forlnerly be commiUed against
a subject. 4 Bl. Corum. 74, 75; 4 Steph.
Comm. 18S, 184, note.
IDGH-WATER MARK. This term i.
properly applicable only to tidal waters, and
designates the line on the shore reached by
the water at the high or flood tide. Dut it is
sometimes also used with reference to tho
waters of arti ficial ponds or lakes, created by
dams in unnavigable streams. and then do­
nates the highest point on t.he shores to which
the dams can raise the water in ordinary cir­
cumstances.
A HIGH WOOD. Timber.
H I G H E R A N D LOWER SCALE.
In the practice of the English supreme court
of jUdicature there are two scales regulating
the fees of tbe' court and the fees wlJicb so·
lici tors are entitled to cbarge. The lower
scale applies ( unless the court otherwise or­
ders) to the following cases: All causes and
matters assigned by the judicat ure acts to
the queen's bench. or the probate, divorce,
and admiralty divisiolls; ail actions of debt.
contract. or tort; and in almost all causes and
matters assigned by the acts to the chancery
di vision in which the amount in litigation is
under £1,000. The higher Bcale applies in
all other causes and matters, and also in ac·
tions falling uuder one of the above classes.
but in which the principal relief sought to he
obtained is an injunction. Sweet.
HIGHNESS. A title of honor given to
princes. The k ings of England. uefore the
time of James I., were not usually saluted
with the title of "Majesty." but with that of
"Hi ghness . " The chi ldren of crowned heads
pro generally recdve the style of " HiglJ ness. "
Wharton,
HIGHWAY. A free end public road,
way. or streetj, one which e\'ery person has
the right to use.
"In all coun�ies of this state. public bigh·
ways arB roads, stn:ets. a.lleys, lanes. courts,
places, trails, and bridges, laid out or erecLed
as such by tho public, or. if laid out and
erected by others, dedicated or abandoned to
the 'pUbliC, or roade sucli in actions for the
partition of real property . " Pol. Code Cal.
§ 21H8.
There is a di.fference in the shade otmeanlng oon·
veyed by two uses of the word. Sometimes it Big·
nifies right of Iree passage, in the abstract, not
importing anything about the character or COl:.·
struction of tho way. 'I'huB, a river is called a
u. hillhwaY i " and it has been not unusuaJ. for COil-
 Ill G 11 WA Y ACTS 573 HIRING

gress, In granting a privilege of building n. brIdge, classes, and valued them, a! to satisfaction
to declare that it shall be a public highway.
for injuries. etc., according to their class.
Again, it has refet"ence to some system 01 law au­
thorir:lng the taking a strip ot land, and preparing
The highest class were valued at 1,2005., and
and devoting it to the use of trn.velors. In this weI's caHed H twelf htndmen ;" the middle

use itimporta a road-way upon the soil, conatructed class at 600s aOlI called "sexhindmen ;" the
.•

under the autbority of these laws. Abbott..

lowest at 2003 cal1ed twyhtnd1fl.fJn. tr Their
. • "

HIGHWAY ACTS, or LAWS. The wives were termed " hinda•• " Brompt. Leg.
body or system of laws governi ng the lay in g Alfred. c. 12.
out, repair. and USe of highways.
HINDER AND DELAY. To hinder
HI G H W A Y CROSSING. A place and delay is to do something which is an at­
where the track of a railroad crosses the line tempt to defraud, rather than a successful
of a high way. fr3.lId; to put Borne obstacle in the path, or
interpose some time, unj ustifiably, before the
HIGHWAY-RATE. In English law. A
creditor can realize what is owed out of his
tax for the maintenance and repair of high­
debtor's property. 42 N. Y. Snper. Ct. 63 .
ways, chargeable upon the sarno property
that is liable to the poor-rate. HINDU LAW. The system of native
law prevailing among the Gentoos, and ad·
HIGHWAY ROBBERY. In criminal
ministered by the government of British In�
law. The crime ot robbery committed IIpon
dia.
or near a public highway. In E n gland. by
St. 23 Hen. VIII. c. l, ttlis was, made felony HINE, or HIND. A husbandry "'n­

without benefit of clergy. while robbery com· ant.

mitted elsewhere was less severely pu nished. HINEF ARE. The loss or departure of 8
Tho dislinction was abolished by St. 8 & 4 servant from his master. Domesday.
\V. & M. c. 9. and in this country it bas ney·
er prevailed generally. HIPOTECA. In Spaniab law. A mor�
gage of real property.
HIGHWAY TAX. A tax for and ap­
pl icable to the making and repair of high ..
HIRCISCUNDA. See HEROISOUNDA.
ways. HIRE, 11. To purcbase the temporary

A bandit; one who use of a thing, or to stipulate for the hi-bor

HIGHWAYMAN.
rolls travelers upon the highway. or services of another. See HmING.
To engage in service for a stipu lated re­
HIGLER. In English law. A hawker ward. as to hire a servant for a year, or la­
or peddler. A pe rson whocarl'ies from door borers by the day or month; to engage a man
to door, and sells by retail. small articles of to temporary service for wages. To "em­
provisions, an d the like.
ploy" is a word of more e nlarged significa­
HIGUELA. In Spanish law. A re cei pt tion. A man hired to labor is employed. but
given by an heir of a decedent. setti ng forth a man may be employed in a work who is not 1
what property he has received frOID the es. h ired. 11 N. Y. 605.
tate. For definitions of the various species of
this class of contracts. under tbeir Latin
HIKENILD STREET. One ot the
names, see LOOATIO and following titles.
four great Roman roads of Britain. More J
commonly called " lkenild Street. " HIRE, 'U. Compensation for the use ot I
thing, or for labor or services.
mLARY RULES. A coilection ot or­
ders and forms extensively modifying tho HIREMAN. A subject. Du Cange.
pleading and practice in the English supe­
HIRER. One who hires a thing, or the
rior court! of common la.w. established in
labor or services of another person.
Hilary term, 1834. Stimson.
HIRING. Hiring is a contract by which
HILARY TERM. I n English law. A
one person grants to another eiLher the en­
term of court., beginning on Lhe 11th and
ending on th� Sllit of Ja n uary in each year.
joyment of a thing or Lbe use of the labor and L
industry. either of himself or hi8 servant,
Superseded (1875) by Hilary sittings. which
during a certain time. for a stipulated com..
begin January 11th, and end on the ,"Vednee.
pensation. or where one contract8 for the
day before Easter.
labor or services of another about a thing
HINDENI HOMINES. A sodety of bailed to him for a specified purpo8e. Cod, M
men. The Saxons ranked men into three Ga. 1882. § 2005.
 HIRING 674 HOG HENIIYNE

HIring is a contract by which one gives to HOASTMEN. In English law. An

another the temporary possession anll use of ancient gild or fratern ity at N ewcastle­
property. other than mon�y. for reward, and upon-Tyne, who dealt in sea coal. St. 21
the latter agrees to return the same to the J.c. I. c. 3.
former at a future time. Civil Code Cal .
H O B B L E R S. In old English law.
§ 1925; Civil Code Dak. § 1103.
Light horsemen or bowmen; also certain ten­
HIRST, HURST. In old English law. ant.s, bound by their tenure to maintain a
A wood. Co. Litt. 4b. little light horse for giving notice of any in­
vasion, or sllch like peril, towards the se�
HIS. The use of this pronoun in a writ­
side. Camden, Brit.
ten instrnment, in referrmg toa person whose
Christian name is deSignated therein by a HOC. Lat. This. Hoc intuitu" with
mere initial, is not conclusi v e that the person this expectation. Hoc loco, in this place.
referred to is a male; it may be shown by Hoc nomine, in this name. Hoe titulo, uu­
parol that the person intpoded is a female. der this title. Hoc voce, under this word.
7 1 Cal. 38, 11 Pac. Rep. 802.
HOC QUIDEM PERQUAM DURUM
HIS EXCELLENCY. In Engllsh la.w. EST, SED ITA LEX SCRIPTA EST.
The title of a viceroy. governor general, am­ Lat. (This indeed is exceedingly hard, but
bassador, or comma.nder in chief. so the law is written; such is the written or
In American law. This title is given to positiYe law.) An observation quoted by
the governor of Massachusetts by the consti­ Blackstone as used by Ulpian in the civil
tution of that state; and it. is commonly giv­ Jaw; and applied to cases where courts ot
en, as a title of honor and courtesy, to the equity have no power to abate the rigor of
governors of the other states and to the pres· the law. Dig. 40, 9, 12, 1 ; 3 BI. Comm. 430.
ident of the United States. It is also cus­
HOC PARA T U S EST VERIFI·
tomarily used by foreign ministers in ad­
CARE. Lat. This he Is ready to verify .
dressing the secretary of state in written
com m uni cations. Hoc servabitur quod initio convenit.
This shall be preserved which is useful in
illS HONOR. A title given by the con·
the begin ning. Dig. 50, 17, 23; Bract. 73b.
stitution of Massachusetts to the lieutenant;..
governor of that commonwealt.h. Const. HOCCUS SALTIS. A hoke, hole, or
Mass. pt. 2, c. 2, § 2, art. 1. lesser pit of 8alt. Cowell.

illS TESTIBUS. Lat. These heing wit· HOCK · TUESDAY MONEY. This
nesses. The attestation clause in old deeds was a duty given to the landlord that his

and charters. tenants and bondmen migbt solemnize the

day on which the English conquered the
HIWISC. A. hide of land.
Danes, being the second Tuesday after Eas­
HLAF lETA. Sax. A servant fed at ter week. Cowell.
his master's cost.
HOCKETTOR, or HOCQUETEUR.
HLAFORD. Sax. A. lord. I Spence, A knight of the post; a decayed man; a bas·
Ch. 36. ket carrier. Cowell.

HLAFORDSOCNA. Sax. · A lord's pro­ HODGE · PODGE ACT. A name ap'

tection. Du Cange. plied to a statute which comprlsea a medley
of incongruous subjects.
HLAFORDSWICE. Sax. In Saxon
law . The crime of betraying one's lord, HOGA. In old English law. A hill or
(proditio domini ; ) treason. Crabb, Eng. mountain. I n old EngliSh, a how. Grene
Law, 59, 301. hoga, Grenehow. Domesday ; Spelman.

HLASOCNA. Sax. The benefit of the HOGASTER. In old English law. A

law. Du Cange. sheep of the second year. Fleta, Jib. 2, c.
79, §§ 4. 12. .A. young hog. Cowell.
HLOTHBOTE. In Saxon law. A fine
for being present at an unlawful aBsembly. HOGGUS, or HOGIETUS. A. hog or
,spelman. swine. Cowell.

HLOTHE. In Saxon law. An unlawful HOGHENHYNE. In Saxon la.w. A

assembly from eigllt to thirty-flve. inclusive. house-servant. Any stranger who lodged
CowelL Lhree nights or more at a. mau's house in a
 HOGSHEAD 575 HOLOGRAFO

do?cenna ry was called "hoghenhyne , " Rnd who is entitled to receive payment of the in·
bis bost became responsible for bit acts as strument from the party or parties liable to
for those of his servant. m eet it.

HOGSHEAD. A m easu re or a capacity HOLDER IN DUE COURSE. In En­

'Ontai n ' ng the fourth part of a tun, or sixty­
... glish law. is U s holder who has tal( eo a bill of
three gallons. Cowell. A large cask, of eXChange (check or note) complete and reg­
indefi ni te contents, but usually conta ining ula r on the face of it, under the following
from one hundred to o ne bundred and forty conditions. namely: (a) That be became
gallons. 'Vebster. the holder of i t before it was ove rd ue, and
wit hout notice that it had been prev iou sly
HOLD, o. 1. To possess i n virtu e of a
dishonored, if such was the fact. (b) That
lawful title; as jn the expression, common
he took the bill (check or note) in good faith
in grants . "to have and to holtl . .. 01' in that
and for value, and that at the time it was
applied to notes , Uthe owner and holder . "
n egotiated to him he bad no nutice of any
2 . To be the grantee o r tenant of another;
defect i n the title of the person who nego­
to take or have an estate from anothel'.
tiated it. " Bills of exchan ge act. 1882, (45
Properly. to have an estate on co ndition of
& 46 Viet. e. 61. § 29.)
paying rent. or performing service.
S. To aclj udge or decide, spoken of a court, HOLDES. Sax. In Saxon law. A mil­
particu larly to declare the conclusion of law itary com mander . Spelman.
reached uy the court as to the legal effect of
HOLDING. In English law. A piece
the facts d isclosed.
of land held under a lease Ol' sim ilar te n ancy
4. To maintai n or Sltstaill; to be u nder the
for tlgricultural, pastoral, or similar pur�
necessity or duty of sustaining or proving;
poses.
as when it is said that a party " balds the af­
In Scotch law. The tenu re or nature ot
firmative" or u egat ive of an issue in a canse.
the right given by the superior to the vassal.
S. To bind or ob liga.te ; to restrain or coo­
Bell.
!train; to keep in c ustody or uuder an ob­
ligation; as in the ph r;;ses "hold to bail , " HOLDING OVER. A holding beyond
uhold for court," "beld and firmly bound , " a ter m ; a con tin uing in possession after the
etc. expi ration of a term. The act of keep i ng
6. To administer; tio cond llct or preside posse:.>sion of pre mises leased. after the ex­
at; to co nv oke open, and direct the opera�
. piration of th e term of the lease. without
tions of; as to bold a court. hold pleas, etc. the consent of the lamllord j or of an office
7. To prosecute; to direct and bring about after the expiration of the in cumbent's legal
officially; to conduct accordi ng to law ; as term.
to hold an election .
HOLDING UP THE HAND. In
8. To possess; to occupy; to be in posses­
cri mi nal practice. .A. formal ity observed in
sion and auministration of ; as to hold omce.
the arraig n ment of prisoners. Held to he
HOLD, n. In old law. Tenure. A word not absolutely necessary. 1 \V. Dl. 3, 4.
con stan tly occuning in conj un ction with
HOLIDAY . .A. religions fest ival j a day
otb ers. as fnehold. leasehold, ropyhuld, etc.,
set apart for corumemoraLing som e impor�
but rarely met with in the separate form.
tant event in historY j a dayof exemption from J
HOLD OVER. To hold possess io n after labor ·Wehster.
, A day upon which the
the ex pi ration of a term or lease. To retain usual operat. ions of business are suspended
possession of property leased, uftcr the end and the cou rts closeu, and, generally, no legal
of the term . To continue in possession of
an office, and con�inue to exercise its fune­
process is served.
K
HOLM. An Island in a river or the sea.
tions. after the end of the ollicetts lawful
Spelman.
term.
Plain grassy gro und upon water sides or
HOLD PLEAS. To bear or try causes in t he water. Blount. Low ground inter.
L
.

8 BI. Comm. 85. 298. sected with streams. Spelman .

HOLDER. The bolder of • bill ot ex­ HOLO GRAFO. In Spanisb law. A

ohange, promissory note, or check is the per­ holograph. An instrument (particularly a
Ion who has legally acquired the possession will) wholly in the handwri ti ng of the per-
of the sam e, from a pers on ca.palJle of trans­ son exec u ti ng it; or which. to be valid, must M
ferring it, by indorsement or delivery, and be so written by his own band.
 HOLOGRAPH 576 HOMBllE BUENO

HOLOGRAPH. A wiJI or deed written HOMAGE JURY. A jury In a court­

entirely by the testator or grantor with his baron. consisting of tenants t hat do homage,
own band. who are to inquire and make presentments
of the death of tenants, surrenders, admit­
HOLT. SaL In old English law. A tancC8. and the like.
wood or grove. Spelmaoi Cowell; Co. Litt.
HOMAGE LIEGE. Tbat kind of hom.
4b.
age which was due to the sovereign alone as
HOLY ORDERS. In ecclesiastical law. supreme lord, and which was done without
The orders of bishops, (including archbish­ any saving or exception of tbe rights of other
ops,) priests, and deacons in the Church of lords. Spelman.
England. The Roman canonists had the or­ HOMAGER. One who does or is bound
ders of bishop, (in which the pope and arch­ to do homage. Cowell.
bishops were included.) priest, deacon, sub­
H O M A G I O RESPECTUANDO. A
deacon, psalmist, acolyte. exorcist, reader,
writ to the escheator commanding him to d.,..
ostiarius. 3 Steph. Camm. 55. and note a.
liver seisin of hmds to the heir of the k1Ug'�
tenant, notwithstanding his homage not
HOMAGE. In teudal law. A service
done. Fitzh. Nat. Brev. 269.
(or tbe ceremony of rendering it) which a
tenant was bound to perform to his lord on HOMAGIUM. Homage. (g. �.)
receiving in vestiture of a fee. or succeeding HOMAGIUM LIGIUM. Liege hom·
to it as heir, in acknowledgment of the ten­
nge; that kind of homage which was due to
ure. I t is described by LitLleton as the most the sovereign alone as supreme lord. and
honorable service of reverence that a free which was done without any saving or ex­
'tenant might do to his lord. The ceremony cepLion of the rights of other lords. Spel man.
was as follows: The tenant. being ungirt and So called from ligando. (binding.) because it
with bare head, knelt before the lord, t.he latter could not be renounced like other kmds ot
sitting, and held his hands extended and joined homage..
between the hands of the lord. and said: "I
become YOllr man [homo] from this day for­ Homagium, non per procuratores nee

ward, of life and limb and earthly bonor, and per literas fieri potuit, Bed in propria
to you will be faithful and loyal, and bear persona tam domini quam tenentis capi
you faith. for the tenements tl.lat I claim to debet et fieri. Co. Litt. 68. Homage can­
bold of you, saving the faith that l owe unto not be done by proxy, nor by letters. but
our sovereign lord the king, so help me God. " must be paid and received in the proper per­
The tenant then received a kiss from the son, as well of the lord as the tenant.
lord. Homage could be done only to the lord HOMAGIUM PLANUM. III feudal
bimself. Litt. § 85; Glanv. lib. 9. c. 1 ; law. Plain homage ; a species of homage
Bract. tols. 77b. 78-80 ; W
' harton. which bonnd him who did it to nothing more
II
Homage" is to he disti nguished from than fidelity. without any obligation either ot
"fealty." another incident of feudalism. and military service or attendance i n the courts
which consisted in the solemn oath of fidelity of his superior. 1 Uobertson's Cal'. V., Ap­
made by the vassal to the lord. whereas bam. pendix, note 8.
age was merely an acknowledgment of ten.
ure. If the homage was intended to include HOMAGIUM REDDERE. To re­
fealty, it was called " liege homage;" but nounce homage. This was wben a vassal
..ise it was called 6'siruple homage."
othcn, made a solemn declaration of disowning and
Brown. defying his lord; for which there was a set
form and method prescribed by the feudal
HOMAGE ANCESTRAL. In feudal laws. Bract. I. 2. c. 35. § 35.
law. Homage was called by this name where
HOMAGIUM SIMPLEX. In feudal
a man and ilis ancestors bad im memorially
law. Simple homage; that kind of homage
held of another and his ancestors by Lhe
wl1ich was merely an acknow ledgment of
service of homage, which bound tbe lord to
tenure, with a saving of the rightR or otber
warrant the title, and also to bold the tenant
lords. H(lrg. Co. I.itt. note 18. lib. 2-
clear of all services to superior lords. If the
tenant aliened in fee, his alienee was a ten­ HOMBRE BUENO. In Spall ish law.
ant by homage, but not by homage ancestral. The judge of a district. Also an arbitrator
Litt. § 143; 2 BI. CO Ill Ul. 300. chosen by the parties to a suit. Also a man
 HOhlE 577 HOM1ClDlUM

In good standing ; one who Is comp ete nt to HOMICIDAL. Pertai ning to hom icid e ;
testify in a suit. rC'latln g to ho mi c ide : i mpelli ng to homic i d e ;
a s a homicidal m ani a.
HOME. When 8 person voluntarily takes .
Dp his abode in a gi yen pl ace, with intention HOMICIDE. The killi n g any human
to remain perman e ntly. or for an indef'inite creature . Comill . 177. Th e act of a
4 Hl.
period of time, or without any present inten­ human being in kil lin g another human being .
tion 1;0 remove t herefrom. such phtceof abod e \I Homicide, " as a. term, does not import. erimQ.
It includes crimes, such, for instance, as murder
becomes bis reside nc e or home. 43 �le. 418.
and mansla.ughter. But n homicide may be iUDo­
This wo rd has not the same techn ical m ean ­
cent i may even be in the performance of s--duty.
ing ab " do micile . " 19 Me. 301. The execution of the sentence of death upon a.
criminal by the officer of �be la.w is a bomicids.
HOME, or HOMME. L. F r. Man; a The term "homicide " embraces all man-killing.
man. 1 Park. Crim. R. 182, 186.

Home ne sera puny pur suer des

Justifiable homi cide is such as is commit;.
ted illten tionally, hut wi th ou t any evil deSign,
briefes en court Ie rcy, Boit il a droit ou
and under such circumstances of necessity or
a tort. A man sball not be p un ish ed for
duty as rend er �he :wt pl'Oper, an d relieve the
suing out w rits i n the ki ng's COli rtf whether
party from any shadow of blame; as where a
h9 be right Ot'wrong. 2 lnst. 228.
sherill l awfu l ly executes a se n te n c e of death

HOME OFFICE The d epartment of upon a malefactor, or wh ere the killing takes
stde t.llrollgh which the English sovereign pla.ce in the endeavor to prevent the comm is­

adm.in isterS' most of the internal affairs of sion of a felony which could not be otherwise
the kir.gdom. e�pecially the pOlice, and com­ avoided.

Illunica.tes with tile ju di ci al fu n c ti o naries . Excusable ho m icide is such as is commit­

ted th rough m i sadventure or acciden t, with­
HOME PORT. A port in a state in out any willfnl or malicious intention; or by
wllich tb6 owner of a vessel resides. necessity, in self�defense.
Felonious homicide ( which may be either
HOMESOKEN, HOMSOKEN. See
murder or manslau ghter ) is that committed
H..-\MESOKF.:!i •
with ou t j ust i ficati on or excnse i n law. i. e.,

HOMESTAI,L. A mansion-house. witli malice and intention. and u nder sucb

circumstances as to m ake it p unis h able.
HOMESr.rEAD. The home pl ace ; the
place w here the home is. It is the home,
HOMICIDE PER INFORTUNIUM.
In criminal law. Homi cide by
misfortune.
th� hOU36 and the adjoin ing land. where
or accidentul homicide; as where a man do.
tho head of the fa mily dwells; the bome
i ng a la wfu l act. without a n y in tention 01
lal'm. 36 N. H . 166.
hurt. unfortunately kills another; a species
The flxeu residence uf Llle head uf a family.
of e xcusable hom i ci de. 4 BI. Comm. 182; 4
with thJ land and b uildings s unounding the
Steph. Comm . 101.
matn 10'.18".
H O M E S T E A Tl CORPORATIONS. HOMICIDE PER MISADVENTURE.
See HOMIOIDE PER INFORTUNIUM.
Corpor:\tlOns o rgan ized for the purpose of
acquiring lands in large tra�ts, paying 01f in­ HOMICIDE SE DEFENDENDO. In
J
cumbrances thereon, improving a nd s ubdi­ crim inal la w . Homicide in self-defense;the
vicl in g them into homestead lots or parcels, killing of a perso n
in self-defense u pon asud­
and distributing them among the sharehold­ den affray, w here the slayer had no other p ossi-
ers, and for the accu mu latio n of a fund for ble (or, at least, probable) means of escaping
such p urposes, are kno\"\' n as " homestead cor­ from his as sailant. 4 Bl. Comm. 183-186; K
porations," an d must not have a corpora te 4 Steph. Comm. 103-105. A species of ex­
existence for a longer period than ten years. cusable homicide. Id. ; 1 Russ. Crim es, 660.
Ci vii Code Cal. � 557.
HOMICIDIUM. Lat. HomiCide, (g • ) • •

HOMESTEAD EXEMPTION LAWS. Homicidium ex justitia, homicide in the l

Laws passed i n most of the sta.tes allowing admini s Lration of justice. or in the execution
a hou seholder or head of a family to desig­ of the sentence of the la w .
nate a bOQee and land as his ho m estead. and Homtcidium ex uece�$itate, homicide from
exemp ting the same hom estead from execu.. inevitable necessity. as for the protection of M
tion for his general debts. one's person or property•
..l..)I .DIOT.LA.w-37
 IlOMICIDIUM 578 HOMOLOGAClON

Homicidium ex casu, homicide by acci­ HOMO COMMENDATUS. In feu�al

dent. law. One who surrendered himself into the
Homicidium e::tI voZtmtate. volun tary or power of another for the sake of protecll on
homicide. Bract. fols. 120b. 121.
wllltul or support. See COIDIEN D.A.TION.

HOMINATIO. The mustering of men; IlOMO ECCLESIASTICUS. A churcb

the doing ot homage. vassal; one who was bound to serve a church,
IlOMINE CAPTO IN WlTIIERNAM­
especia.lly to do ser vice ot an agric�ltura1
IUM. A wri t to take him that had taken character. Spel man.

any bond man or woman, and led him or ber IlOMO EXERCITALIS. A man 01 tho
out of the cou n try, 80 that be or she could army. (exercttus i) a soldier.
not be replevied according to law. Reg.
Orig . 79. HOMO FEODALIS. A vaseal or ten­
ant; one who beld a fee . (ft!odum,) or part ot
IlOMINE ELIGENDO. In old English a fee. Spel m an .
law. A writ directed to a corporation . r�
-}uiringthe m embers to make choice of a man HOMO FISCALIS, or FlSCALINUS.
to keep one part of the s eal appointed for A servan t or vassal belonging to tbe treasury
s tat utes merchant, when a former is dead) or fiscus.
4ccording to the statute 01 Acton Burnell. IlOMO FRANCUS. In old EngliBh law.
neg. Orig . 178; Wbarton. A freeman. .A. Fren chman.
IlOMINE REPLEGIANDO. In En­ HOMO INGENUUS. A tree man. A
glish law . A w rit which lay to replevy a free and lawful man.
A yeoman.
m an out at prison, or out of the custody at
IlOMO LIBER. A freeman.
any private person. in the same manDer that
chattels tuken in distres8 may be replevied. HOMO LIGIUS. A liege man ; a su]).
Brown. ject; a k.1ng'e vassal The vassal of a IIUb­

IlOMINES. Lat. In felldal law. Men ; j ect.

feudatory tenants who claimed a pri vilege ROMO NOVUS. In feudal law. A
of hav ing their cau ses, etc., tried only in new te n ant or vassal i one who was invested
their lord's court. Parocll. .A.n tiq. 15. with a new fee. Spelman.

Il O M I N E S L I G I I. In fe udal law. IlOMO PERTINENS. In feudal law.

Lieg e men i fe udal tenants or vassals, es pe­ A feudal bondman or vassal; one who b�
cially those who held immediately ot the longed to Lhe soil, (qui gleb", ad8cribitur.)
so vereign . 1 Bl. Comm. 867.
Homo potest esse habilts et inhabilis
Hominum causa jus constitutum est.
diversis temporibus. 5 Coke, 98. A man
Law Is established for the benefit of man. may be capable and incapable at different
IlOMIPLAGIUM. In oldE nglish law. times.
The m aimi n g of a man. Bl oun t. IlOMO REGIUS. A k ing' s vass.l• .
HOMME. Fr. Man ; a m an. This t erm
II 0 M 0 ROMANUS. A Roman. An
the Civil Code of Louisia na to
is defi ned by
ap pellation given to the old i nh ab itants of
include a womun. Article 35�2. nn. 1, 2.
Gaul and other Roman provinces, and rfr
IlOMMES DE FIEF. Fr. In feudal tained in the la ws of the barbarouB nations..
law. Men at the fief; feud al tenants . the Spelman�
peers in the lords' courts. Montesq., Esprit
IlOMO TRIUM LITTERARUM. A
des Lois, liv. 28, c. 27. m an of the three letters ; that Is, the three
HOMMES FEODAUX. Fr. In teudal letters. " f . " " u . " "r;" the Latin word fur
law. F eud al tenants; the same with hom­ lDeaning " th ief. "
mes de jlef, (g. '0.) Montesq ., Esprit des
Homo vocabulum est naturre ; per..
Loi., li v . 28, c. 36.
sona juris civilis. Man (homo) is a term
HOMO. Lat. .A man ; l\ hum an bei ng . of nature; person (pe1'sona) ot civil law.
male or female; a vass al, or feudal tenant; Calvin.
a retainer, dep en dent, or servant .
IlOMOLOGACION. In Spanish law.
II 0 M 0 CIIARTULARIUS. A slave The tacit consent and a pproval inferred by
man umitted by charter. law from the omission of the parties, for tilt'
 HO MOLOGARE 679 HONTFONGE:-fETHEF

.pace of ten days. to complain of the sen­ baron or lord paramount. Also those dig­
tences of arbitrators. apPointment ot syndics, nities or privileges, degrees of nobility,
or assignees of insolvents, settlements of knighthood, and other titles, which flow from
luccessioD s, etc. Also the approval give n the crown as the fountain of honor. 'Vhar·
by the judge of certain acts and agreements ton.
tor thepurposeof rendering them more bind­ In American law. The customary title
Ing and executor!. Escriche. of co urtesy given to judge8 at the higher
courts, and occasionally to some other officers ;
HOMOLOGARE. In the civU law. To
confirm or approve; to consent or assenti to
as .. bis honor, tJ "your honor. JJ

confess. Calvin. H0NOR COURTS. Trihunala beld

HOMOLOGATE. In modern civil law. within honors or seigniories.

To approve; to con 6rm; 8S a court homolo­ HONORABLE. A ti tle of co u rtesy glT­

gatu a proceeding. HOlUOLOGA'l'ION.
See
en in Engla nd to the youn ger children ot
Literally. to use the same w07'ds with an­
earls, and the children of viscounts and bar­
other; to say the like. 9 Mart. (La.) 324.
ons; and. collectively, to the house of com­
To assent to what another says or writes. mons. In America, the word is used 88 •

HOMOLOGATI ON. In the civil law. title of courtesy tor various classes of offi­

.Approbation; confirmation by a court of cials. bu t without any clear lines of distinc­

jUB�ice; a jU dgmen t which orders tile execu­ tion.
tion or some Bct. Merl. Repert. The term HONORARIUM. In the c!vil law. An
Is also used in Louisiana. honorary or free gift; a grat uitous payment.
In English law. An estoppel in pai8. as distinguished from hi re or compensation.
L R. 3 App . Cas. 1026. for service; a lawyer's or cou nse llor' s fee..
In Scotch law. An act by which R per­ Dig. 50. 13. I. 10--12.
BOD approves of a deed, the e:Iect of w hi ch An honorartum is a voluntary donation, in COil'­
Is to render that deed, tho ugh in itself defect­ sideration of services which admit of no compen­
L!lation in money ; in particular, to advocates at law,
ive, bind ing upon the person by whom 1t is
deemed to practice tor honor or influence, and not;
ho mo logated. Bell. Confirmation of a void­ tor fees. 14: Ga. 89.
able deed.
HONORARIUM JUS. In Roman law.
HOMONYMIlE. A term appli ed In tbe
Tbe law of tbe praltors and tbe edicta of tho
civil law to cases where a law was repeated,
aediles.
or laid down in the same terms or to the
same effect, more than once. Cases of iter­ HONORARY CANONS. Tho.e with­
ation and repeti tion. 2 Kent, Comm. 489, out emolument. 3 & 4 Vlcl. c. 113. § 23.
note.
HONORARY FEUDS. Titles of nobil­
H O N D H A B E N D.
band. See HANDUABEND.
SaL Havi n g i n ity, descendible to the eldest son, i n exclusion
of aU the rest. 2 BI. Comm. 56.
I
HONESTE VIVERE. Lat. To live HONORARY SERVICES. In feudal
honorably. creditably, or viltu ously. One at 18w. Special services to be rendered to tb.
the three general prece pts to which Justinian king in person, characteristic of the tenure
reduced the whole doctrine of the law. (lnst. bygrandserjeauty ; such as to carry his ban·
J
1. I, 3; Bract. fols. 3, 8b,) the others being ner, his s word, or the like. or to be his but­
alterum non lredeTe, (not to i nju re others, ) ler, champion, or atller officer. at his corona­
and suum ooique tTibueT6, (to render to e very tion. Litt. § 153; 2 lll. Comm. 73.
ma.n his du e. )
HONORARY TRUSTEES. Trllstee. K
H0N E S TU B • Of good cbaracter or to preserve contin gent remai nders, 80 called
standing.Coram duobus 1)eZ plUTibus viris because they are bound. in honor only, to d�
kgalibw et honestu, before two or mOI'e cideon the most proper and pr ude n tial course.
lawful and good men. Bract. fo!. 61. Lewin. Trusts, 408.
l
HONOR. (7. To accept a bill of exch ange. HONORIS RESPECTUM. By reasoR
or to pay a no te, check, or accepted bUl, at of honor or privilege. See CH.il.LEI..
"VGl!:.
maturity snd according to its tenor.
HONTFONGENETHEF. In Saxon
HONOR. fl. In English law. A .elgn­ law. A. tbief taken with hondhabend; i. e., M
tory of leveral manors beld under one baving the thing stolen in hi s band. Cowell.
 HONY 580 HORSE GUARDS

HONY. L. Fr. Shame; evIl; disgrace. king's subjects. This was a species of grand
Sony soit qui mal y pense, evil be to him serje.nty. Lltt. § 156; 2 BI. Comm. 74.
who evil thinks.
H O R N W I TH HORN, or HORN
HOO. A. hU!. Co. Lilt. 5b. UNDER HORN. Tbe promiscuous teedlng

HOOKLAND. Land plowed and Bown of bulls and cows or all horned beasts that
every year. are allowed to run together upon the lame
common. Spelman .
HOPCON. A valley. Cowell.
HORNGELD. Sax. In old Englisb law.
HOPE. In old English law. A valley. A tax within a forest. paid for horned beasts.
Co. Lilt. 4b. Cowell; "Blount.

HOPPO. A Cbine�e term tor a collector; HORNING. In Scotcb law. "Letters

an overseer ot commerce. of born ing" is the name given to n j udiCial
process issuing on the decree of B court, by
HORA AURORlE. In old English law.
which the deb tor is sum moned to perform
The morning bell, as ignite.qium or coverfeu
his obligation in terms of the decree, the con·
(curfew ) was the evening bell.
sequence of his failure to do so being liability
Hora non est multum de Bubstantia to arrest and imprison ment. It was ancient­
negotiiJ licet in appello de ea. aliquando ly the custom to proclai m a debtor who bad
flat mentio. The bour is not of much con· failed to obey sllch process a rebel or outlaw,
sequence as to the substance of business, al­ which was done by three blasts of the horn
though in appeal it is sometimes m entioned. by the ki ng' i:j sergeant in a public place.
1 BuIst. 82. This was called U putting to the horn , "
whence the mime.
HORlE JURIDIClE, or JUDICIlE.
Hours during which the judges sat in court HORREUM. Lat. A place tor keeping
to attend to judicial business. grain; a granary. A place for keeping fruits,
wines. and goods generally ; a store-house.
HORCA. In Spanish law. A gallowB; Calvin.; Bract. fol. 48.
the punishment of hanging. White, New
HORS. L. Fr. Out; out ot; witbout.
Hecop. b. 2, tit. 19. c. 4. § 1.
A cow in caIto HORS DE SON FEE. L. Fr. Out o!
HORDA. In old records.
his fee. In old pleading, this was the name
HORDERA. A treasurer. Du Cange. of a plea i n an action for reut or services, by
which the defendant aUeged that the land In
HORDERIUM. In old English law. A
question was out of the compass of the plain.
board ; a treasure. or repository. Cowell.
tiff's fee.
HORDEUM. In old records. Barley.
H 0 R S PRIS. L. Fr. Except. Liter·
Honleum paZmaZe. beer barley, as distin�
ally translated by the Scotch "out taken."
guished from common barley. which was
called " hordeum quadl'agesimale." Blount. HORS WEALH. In old Englis h law.
The weall:l. or Briton who had care of the
HORN. In old Scotcb practice. A kind king's horses.
of trumpet used i n denouncing contumacious
HORS WEARD. In old En gllsb law.
persons rebels and outlaws . which was done
A service or cor'l>�e. conSisting in watChing
with three blasts of the horn by the king'!
sergeant. This was called " putting to the the horses of the lord . Ane. Inst. Eng.

horn ;" and the party 80 denounced was said HORSE. Until a horse bas attained the
to be " at the horn. " Bell. age of four years. he is called a colt. 1 Russ.
& R. 416.
HORN·BOOK. A primer; a book ex·
The word 101 horse " 1s used in a quasi generlo
plaining the ruuiments of any science or
sense, to include every description of the malo, in
branch of know ledge. The phrase u horo_ contradist.inction to the female or mare, whether
book law" is a COlloquial designat.ion of the stallion or gelding. S8 'rex. 555.
rudiments or most familiar principles of law.
HORSE GUARDS. The directing pow­
HORN TENURE. In old Englisb law. er of the mili tary forces of the kingdom of
renule by cornage ; that is. by the service of Great Britain. The com mander in chief. or
winding a born when the Scots or other ene­ general comm anding the forces, is at the he-ao
mies entered the lund. in order Lo warn the of this department. It is ::mbordinate to the
 HORTUS 681 HOTCHPOT

war office, but the relations between them Hostes Bunt qui nobia vel quibus nOG
are complicated. Wharton. bellum decernimua ; creteri prod1tores
vel prredones aunt. 7 Coke. 24. Enemies
HORTUS. Lat. In the civil law. A
are those with whom we declare war, or who
garden. Di g. 82. 91. 5.
declare it against us; all others are tr&.itors
HOSPES. Lat. A gnest. 8 Coke •. 32. or pirates.

H0 SP E S GENERALIS. A great HOSTIA. In old records. The host­

chamberlain. bread, or consecrated wafer, in the eucha­
rist. Cowell.
HOSPITAL. An Institu tion tor the re­
ceptio n and care of sick, wounded, infirm, or HOSTICIDE. One who kills an enemy.
aged persons: general ly incorporated. and
HOSTILARIA. HO SPITALARIA. A
Lhen of t.l1e class of corporat.iolls called " elee-­
mosynary " or "cbaritable." place or room in relig io us houses Ilsed for
the reception of guests and strangers.
HOSPITALLERS. The knights at a re·
IIgious order, 80 cal led because they built a HOSTILE. Having the character of aD
hospital at Jerusalem. wherein pilgrims were enemy; standing in the relation of an en emy.
roceived. All their lands and goods in Eng­ See 1 Kent, Comm . c. 4.
land w ere given to the sovereign by 32 Hen .
HOSTILE EMBARGO. One laid upon
Vlll. c. 24.
the vessels of an actual or prospective enem y.
HOSPITATOR. A host or ente rtainer .
HOSTILE WITNESS. A witness who
HoapitatoT communis. An innkeeper.
manifests so much hostility or prejudice u n..
S Cake. 32.
der ex aminat io n in chief that the party who
HospUator magmu. The marshal of •
bas called him, or his representative. is al�
camp.
lowed to cross·examine him. i. e., to treat
HOSPITIA. Inns. Hospitta communia, him as though he had been called by the op­
common inns. Reg. Ori g. 105. Hospitia pOSite party. Wharton.
curia; inns of co urt. Hospitia cancellaria,
HOSTILITY. In tbe law of nations. A
inns of chancery. Crabb, Eng. Law, 428,
state of open war. U At tbe breaking out. ot
429; 4 Reeve. Eng. Law. 120.
hostility. " 1 Kent. Camm. 60.
HOSPITICIDE. One that kills his guest An act of open war. " 'Vilen hostilitiel
or bast. have commenced. " Id. 56.
A l10stile cl1aracter. " Hostility may at­
HOSPITIUM. An Inn; a b ousebold.
tacb only to the person. " Id.
HOSPODAR. A Turkish governor in
HOT· WATER ORDEAL. In old En­
M.oldavia or Wallachia.
glish law. Tll is was a test, in cases of ac­
HOST. L. Fr. An army. Britt. c. 22. cus atio n, by bot water; the party nccused
A military expedition; war. Kelbam. and s uspect ed being appOinted by the judge
to put his arms up to the elbows in seeth�
HOSTAGE. A person who is given into
ing bot wator. which. after sundry prayers
the possessio n of the enemy, in a public war,
and invocations. be did, and was, by the ef- J
his freedom (or life) to st.and as security for
fect which followed, j udged guilty or inno­
the performance of some contract or promise
cent. W ha rton.
made by the belligerent power giving the
hostage with the other. HOTCHPOT. The ble ndi ng and mixing
property b elo n gi ng to different persons, in
HOSTELAGIUM. In old recorda. A order to divide it equally. 2 BI. Corum . 190.
K
right to receive lodging and entertainment. Anciently applied to the mixing and ble nd.
anCiently reserved by lords in the houses of ing of lands given to one daughter in frank
their tenants. Cowell. marriage, with those descending to her and

HOSTELER. An Innkeeper. Now ap­

her sisters in fee-simple, for the purpose of L
diViding the whole equally among themj
plied, under the form "ostler." to those who
without which the daughter who held 111
look to a guest's horses. Cowell.
frank ma rriage could have no share i n the
HOSTES. Enemies. Hastes human! la�ds ill fee-si m ple . LiLt. §§ 267. 268; Co.
generis, enemies of th e human race; t. e., pi­ Lltt. 177a; 2 B I . Carom . 190. M
!'ales. Hotchpot, or the putting in hotchpot, is ap-
 HOTEL 582 HOUSEHOLD GOODS

pl1ed in modern Jaw to the throwing the HOUSE OF CORRECTION. A �

amount ot an advancement made to a par­ formatory. A place for the imprisonmento(
ticular child , in real or personal estate. in to juvenile offenders, or those who have com·
the common stock. for the purpose of <� more mitted crimes of lesser magnitude.
equal division. or of equalizing the shares
HOUSE OF ILL FAME. A bawdy­
of all the children. 2 Kent. Corom. 421, 422.
house; a brothel ; a dwelling allow�d by its
This answers to or resembles the collatio
cbief occupant to be used as a resort of per­
bono1'um. or collation of the civil law .
sons desiring unlawful sexual inte rcourse.

HOTEL. An innj a public house or tav­ 33 Conn. 91.

ern; a house for entertai ning strangers or HOUSE OF LORDS. Toe upper cham­
travelers. 54 Barb. 316; 2 Daly, 15; 46 Mo. ber of the British parliament. It comprises
594. the archbishops and bishops. (called " Lords
HOUR. The twenty-fourth part of a nat­ Spiritual. " ) tbeEllglish peers sitting by vir.
ural day ; sixty m i n utes of time. tue of hereditary right, sixteen Scotch peers
elected to represent the Scotch peerage under
HOUR OF CAUSE. In Scotch practice. the act of ullion, and twenty-eight Irish peers
r.rbe hour when a court is met. 3 How . elected under similar provisions. The house
State Tr. 603. of lords, as a juuichll body. bas ultimate ap­
HOUSE. 1. .A. dwelling; a b u ildin g de­ pellate jurisdiction, and may sit as a court
si gned for the habitation and residence of men. for the trial of impeachments.

"House" means, presumptively, a dwelling­ HOUSE OF REFUGE. A prison for

house ; a bllilding divhled into floors aud apart­
j uvenile delinquents. A house of correction
ments, with fOUL" walls, a roo!, and doors and
�himneys; but it. does Dot neces sarily mean pra­ or reformatory.
�isely t.his. 1 4 Mees. & W. 18] i 7 Man. & G. 122.
HOUSE OF REPRESENTATIVES.
uRausa" is Dot synonymous with "dwelling­
house." While the former is used in Do broader
The name of the body forming the more pop­
and more comprehensive seDse thun the latter, it. ular and numerous branch of the congress at
has a narrower nnd more restricted meaning than the United Stales; also of the similar brancb
the word "building. " 46 N. H. 61.
in many of the state legislatUl'es.
In the devise of a house, the word "bouse" is
synonymou s with " messuage, " and conveys all HOUSEAGE. A fee p ai d for housing
that comes within tho curtilage. 4: Pa. St. 93.
goods by a carrier, or at a wharf, etc.
2. A leg is lati ve assembly, or (where the bi­
HOUSEBREAKING. In criminal law.
cameral system obt ains ) aile of the two
Breaking and entering a dwelling-house with
branches of the legislaturtlj as the " house of
intent to commit any felony therein. If done
lords," " house of representati ves." Also a
by night, it comes under tbe definition of
quorllm of a legis lati ve body. :::iee 2 .holi c h.
"burglary . "
287.
3. The name "house" i s also giVBlI tosome HOUSEHOLD. A family living logeth­
collections of men other th an legislati ve bod­ er. 18 Johns. 400, 402. T hose who dwell
ies, to so m e puulic institu tions, and (colloqui­ under the same roof and compose a family.
ally) to mercantile thms or joi nt-stock com­ Webster. A man's famIly Jiving together
panies. constitutes his household, though he may
have gOlle to another state.
HOUSE-BOTE. A species of estovers,
Belonging to the house and family ; domes­
belonging to a tenan t for life or years. con­
tic. Webster.
sisting in the right to take from tbe woods
of the less or orowner such timber as may be HOUSEHOLD FURNITURE. Thi.
necessary for making repairs upon the house. term, in n will, incl udes all personal chattels
See Co. LiLt. 41b. that may contrib ute to the use or conven­
ience of tho householder, or the ornament at
HOUSE-BURNING. See ARsON.
t h e house; as pla.te, linen, chinn. both useful
HOUSE-DUTY. A tax on inhabited and ornamental, and pictures. But goods in
houses i mposed by 14 & 15 Vict. c. 36. in lieu trade, books. and. wines will not pass by a
of window-duty, which was abolished. bequest of household. furniture. 1 Rap. Leg.
20�.
HOUSE OF COMMONS. On e of the
tonstituent houses of the British parliament, HOUSEHOLD GOODS. Thes. words,
composed of representatives of the counties, in a will, include every lh i ng of a permanent.
cities, and boroughs. nature (i. e., a rticles of household wbich are
 HOUSEHOLD STUFF 583 HUNDHED GEMOTE

Dot consumed in their enjoyment} that are HUEBRAS. In Spanish law. A meas.
ased in or purchased or otherwise acquired ure of land equal to ,is much as a yoke of
by . testator for hls house. 1 Rop. Leg. 191. oxen can plOW ill one day. 2 White, Recap.
(38.) 49; 12 Pet. 443.
HOUSEHOLD STUFF. This phrase.
In a wlll, includes everything which may be HUISSERIUM. A ship used to tran ..
used for tbe cODvenience of the house. as port horses. Also termed " ut!er. "
tables. chairs. bedd ing. and the like. But
apparel, books, weapons, tools for artificers, HUISSIERS. In French law. Marshals;
catlie. victuals. and choses in action will not ushers; process�servers; sheriffs' officers.

pass by those words. unless the context of the Min isteria! officers attached to the courts. to

will clearly show a contrary int�ntion. 1 effect legal service of process required by law
in actions. to issue executions, etc., and to
ROp. Leg. 206.
maintain order during the sitting of the
HOUSEHOLDER. The occupier of a courts.
bouse. Brande. More correctly. one wilo
keeps house with his family; the head or mas· HULKA. In old records. A hulk or

ter of a family. Weuste.. ; 18 Johns. 302. small vessel. Cowell.

One wbo has a household j the head of a

HULL US. In old records. A bill. �
household.
Mon. Ang!. 292; Cowell.
HOUSEKEEPER. One who is in actual
HUMAGIUM. A moist place. Mon.
posseSSion of and who acell pies a house, as
Angl.
distinguished from a "boarder, II "lodger. II or
"guest. " HUNDRED. Under the Saxon organiza­
tion of England. each county or sbire com·
HOVEL. .A place used by husbandmen
prised an indefinite n u mber of hund1'eda,
to set their plows, carts, and other farming
each hun dred containing ten tithings, or
utensils out of the rain and SUD. A shed; a
groups of ten families of freeholdcrs or frank­
cottagej a mean house.
pledges. The hundred was governed by a
HOWE . In old English law. A hill. high constable, and had its own court; but
Co. Litt. 5b. its most remarkable feature was the corporate
HOY. A small coasting vessel. usually responsibility of the whole for the crimes or
sloop.rigged, used in conveying passengers defaults of the individual members. The in­
and goods from place to place. or as a tender troduction of this plan of organization into
to larger vessels in port. Weuster. England is commonly ascribed to Alfred,
but the idea. as weH of the collective liability
HOYMAN. The master or captain of a as of the division. was probably known to
boy. the ancient German peoples, as we fmd the
aame thing established in the Frankish king­
HUCUSQUE.
erto. 2 Mod. 24.
In old pleading. Hith·
dom under Clotbaire. and in Denmark. See I
1 BJ. Comm. 115; 4 Bl. Comm. 411.
HUDE-GELD. In old English law. An
acquittance for an assault upon a trespassing HUNDRED COURT. In Englisb law.
servant. Supposed to be a mistake or mis­ .A larger court-baron. being beld for all the in­
print in Fleta for " hinegeld." Fleta, lib. 1, habitants of a particular hund1'ed, instead of
J
c. 47. § 20. Also tue price of one's skin. or a manor. The free suitors are the jullges,
the money paid by a servant to save himself and the steward the registrar. as in the case
from a whipping. Du Cange. of a eourt�baron. It is not a court of record,
and resembles a court�baron in all respects
HUE AND CRY. In old English law.
except that in point of territory it is of greater
A louo outcry with which felons (s ucll as rob­
jurisdiction. These court.� have long since
bors, burglars. and m u rderers) were anciently
fallen into desuetude.3 BI. Comm. 34. 35;
pursued. and which all who beard it wefe
3 Steph. Comm. 394. 395.
bound to take up. and join in the pursuit.
until the malefactor was taken. Bract. fols.
l
HUNDRED GEMOTE. Among tbe
115b. 124; 4 Bl. Comm. 293. Saxons. a meeti ng or court of the freehold-
A written proclamation issued on the ers of a hundred. which assembled. original-
escape of a felon from prison, requiring all ly, twelve times a year, and possessed civil
officers and people to assist i n retaking him. and criminal jurisdiction and ecclesiastical M
S How. State Tr. 386. powers. 1 Reeve, Eng. Law, 7.
 HU:NDrtED LAGH 584 HUSTINGS

HUNDRED LAGH. The law of the HURTO. In Spanish law. ThelL.

hundred, or hundred court; liability to attend White, ;>i ow necop. b. 2. tit. 20.
the h undred court. Spelman.
HUSBAND. A married man; one who
HUNDRED PENNY. In old English has a lawful wife living. The correlative of
Jaw. A tax collected from the hu ndred, by " wife. "
the sheriff o r lord of theh uodred. Spel. voe. Etymologically, the word signified the "house
.. Hund1'edus. " bond i " the man who, according to Saxon ideas and
institutions, held around him the family, for whom
HUNDRED SECTA. The performance he was in law responsible.
of suit and service at the hu ndred court.
HUSBAND AND WIFE. One of the
HUNDRED SETENA. In Saxon law. great domestic relationships; being that of a
The d wellers or inhabitants of a ·hu nd red . man and woman lawfully jOined in marriage,
Cowell ; Blount. Spelman suggests the read­ by which, at common law, the legal exist-.
ing of sceatena from Sax . .. scea t." a tax. ence of a wife is incorporated with that of
bel' husband.
HUNDRED-WEIGHT. A denomina­
tion of weight contai ning. according to the HUSBAND LAND. In old Scotch law.
English system, 112 pounds: but in this A quantity of land containing commonly six
country, generally. it consists of 100 pounds acres. Skene.
avoirdupois. HUSBAND OF A SHIP. See SHIP"

HUNDREDARIUS. In old English

HusB�D.
law. A.. h undredal'Y or hnnd redor. A name HUSBANDMAN. A farmerj 8 culti­
given to the cbief o-ficer
f of a h u ndred. as vator or tiller of the grounll. rrbe word
well as to the freeholders who composed it. " farmeL''' is colloquially used as synonymous
Spel. voe. "Hu,ndredu8. " with " h usbandman , " iJut originally meant a
tenant who cultiv ates leased ground.
HUNDREDARY. The chief or presid­
irng officer of a hundred. HUSBANDRIA. In old EngliBh law.
Husbandry. Dyer, (Fr. Ed.) 35b.
HUNDREDES EARLDOR, or HUN­
DREDES MAN. The presiding omcer in HUSBANDRY. A griculture; cultivation
the h undred court. ADC. lost. En g. of the soil for food; farming, iu the sense
of operating land to raise provisions.
HUNDREDORS. In English law. The
inhabitants or freeholders of a hunured, an­ HUSBREC. In Saxon law. The crime
ciently the su itors or judges of the hundred of housebreaking or burglary. Crabb, Eng.
court. Persons impaneled or fit to be im­ Law, 59, 308.
paneled upon j u r i es, dwelling witbin the
HUSCARLE. In old English law. A
h u ndred where the cause of action arose.
house servant or domestic; \
; man of the
Cramp. Jur. 217. It was formerly necessary
household. Spelman.
to bave some of these upon every panel of
A king's vassal, thane, or ba ron ; an earl' s
j urors. 3 Bl. Comm. 359, 360; 4 Steph.
man or vassal. A term of frequent occur.
Com lll . 370.
rence in Domesday Book.
The term "hundredor" was 1I1�o useJ to
signify the officer who had the ju risdiction of HUSFASTNE. He who holds houae and
'
a h u n dred, and h eld the hundred court, and land. Rract. I. 3 , t. 2, c. 10.
sometimes the bailiff of a bunured. Termes
HUSGABLUM. In old records. House
de la Ley; Cowell.
rent; or a tax or tribute laid upon a honse.
HURDEREFERST. A domestic; one Cowell; Blount.
of a family.
HUSH-MONEY. A COlloquial expres­
HURDLE. In English criminal law . sion to deSignate a bribe to hinder informa­
A kind of sledge, on wilich con v icted felons tion; pay to Secure silence..
were drawn to the place of execution. HUSTINGS. Council; court.; tribunal.
Apparently so called from being held within
HURST, HYRST, HERST, or HIRST.
a building. at a time when other courts were
A wood or grove of trees. Co. Litt. 4b.
Leld in the open air. It was a local court.
HURTARDUS, or HURTUS. A ram Tile county court in the city of London bore
or wether. this name. There were hust i ngs at York,
 HUSTINGS 685 HYPOTHECATION

Winchester, Lincoln, and in other places ventI anal term for the payment ot the rent.
•lInjlnr to the London hustings. Also the Dell .
raised place from which candidates for seats
HYPOTHECA. "Hypotbeca" was.
In parliament address the constituency, on
term of the Roma n la w, and denoted a pledge
the occasion of their nomination. 'Vbarton.
or mortgage. As disti nguished from the
In Virginia, some of the local courts are
ter m "pignus. " in the same law. it denoted
called '-l hustings,1l as in the city of Rich­
a mortgage. whether of lands or of goodS. in
mond. 6 Grat. 696.
which the subject in pledge remained i n the
HUTESIUM ET CLAMOR. Hue and possession of the mortgagor or debtor;
cry. See HUE AND Cxy. whereas in tbe pignus tbe mortgagee or
creditor was in tbe possession. Sucb an hy­
HUTILAN. Tax... Mon. Angl. !. 586.
potheca m ight be either express or implied ;
HWATA, HWATUNG. In old English express, where the parties upon the occasion
law. Augury; divination. of a loan entered into express agreement to
that effect; or implied, as, e. g., i n the case
HYBERNAGIUM. In old English law.
ot the stock and utensils ot a farmer, which
The season for sowing winter grain, between
were subject to the landlord's right as a cred­
Mlchaelmas and Christmas. The land on
The grain it.
itor for renti wbence the Scotch law of by­
which Buch grain was sown.
pothec.
lelfi winter grain or winter corn. Cowell.
The word has suggested the term " hypoth­
HYBRID. A mongrel; an animal formed ecate, " as used in the mercantile and mar·
of the union of different specie8. or different itime law of England. Thus. under the
genera; also (metapborica,l Iy) a human be­ factor's act, goods are frequently said to be
ing born of the union of persoDs of different "hypothecated ; " and a captain is said to bave
races. u right to bypothecate his vesseJ for necessa­

In old English law. Hide; skin. ry repairs. BrowD. See Mackeld. Rom.
HYD.
A measure of land, containing, accord ing to Law. §§ 334-359.
aome, a hundred acres, winch qua ntity is HYPOTHECARIA A C T I 0 . In the
also assigned to it in the Dialogus de S(:acca� civil law. An bypothecary action; an action
f'W. It seems, however, that the hide Varied for the enforcement of an hypo theca. or right
In different parts of the kingdom. of mortgage; or to obtain the surrender ot
HYDAGE. See IlIDAGE. the thing mortgaged. 4. 6, 7 j Maokeld.
lnst.
Rom. Law, § 356. Adopted In tbe Civil
HYDROMETER. An Instrument for Code of Louisiana, under tbe name of "llac­
measuring the density of fluids. Being im­ tion hypothccarie, " ( translated, "action ot
mersed in fluids, as in water, brine, beer, mortgage. " ) Article 3361.
brandy. etc. , it determiues the proportion of
their density. or their specific gravity, and HYPOTHECARII CREDITORES. In
thence their q uali ty. See S Story, U. S. the civil law. Hypothecary oreditors; tbose I
Laws. 1976. who loaned money o n the security of an h1J­
pothcca, (g. �.) Calvin.
HYEMS, mEMS. Lat. In,the civil law.
Winter. Dig. 43, 20, 4, 34. Written, i n H Y P O T H E C A R Y ACTION. Tbo
some of the old books, "gems." Fleta, li b. nume of an action allowed under the civil J
2, c. 73. §§ 16, 18. law for the enforcement of the claims of. •
creditor by the contract of llypotheca..
HYPOBOL UM. In tbe c Ivi l law. Tbe
name of the bequest or legacy given by the HYPOTHECATE. To pledge a tblng
husban d to his wife, at his death, above her without delivering the possflssion of it to the K
dowry. pleugee. "The master, when abroad, and in
the absence of the owner, may hypothecau
HYP O T H E C. In Scotland, the term
the Ship, freight, and cargo, to raise money
"hypothec" Is used to Blgntfy tbe landlord's
requisite for the completion of the voyage."
right which, independen tly at any stipula·
tion. he bas over tbe crop and stock ing of his
8 Kent, Comrn. 171. L
tenant. It gives 8 security to tbe landlord HYPOTHECATION. A term borrowed
over tbe crop ot each year for tbe rent of that from the civiI la \v. In 80 far 88 it is nat­
year, and over the cattle and stocking on the uralized in English. and American Jaw, it
farm for tbe cunent year's rent, wbicb last means a contract of mortgage or pledge in M
contiu ues for three mouths after the last con- which the subject-matter is not delivered
 HYPOTHECATION 586 HYTHE

into the possession at. the pledgee or pawneej meut of a court of justice j and con'Ventl.onel�
when it ill the result of an agreement of the par·
Of, conversely , a conventional right existi ng
ties. Brown.
i n one person over sp ecific p roper ty of an­
other. which consists in the power to cause HYPOTHESIS. A supposition, assump­
a sale of the same. though it be not in bis tion, or theory ; a theory s e t lip by the prosecu­
p ossession, in order that a specific claim of tion, on a cri m i nal trial, or by the defens e, as

the creditor may be satisfied out of the pro­ an explanation of the facts in evidence, and a
ceeds . grounu for inferr i ng guilt or innocence, as
The term is frequently used in our text­ the case Ulay be, or as inel i cati ng a probable
books and reports, particularly upon the law or possible moti ve for the crime.
of bottomry and maritime li ens j thus a ves­
HYPO THETICAL CASE. A combi n a·
sel is said to be hypothecated for the demand
tiOD of assumed or proved facts and circum­
of olle who has advanc",d money for supplies.
stances, stated in such form as to constitute
In the common law, there are but few, if any,
cases of hypothecation, in the strict seDse of the
a co heren t and specific sit uation or state of
civil lawi that is, a pledge without possession by facts, upon which the opinion of an expert
the pledgee. The nearest approaches, perhaps, is asked. by way of evidence on a trial .
are cases of bottomry bonds and claims of material­
men, and of seamen for wage s ; but these nre liens HYPOTHETICAL YEARLY TEN·
and privileges, ratherthan hypothecations. Story,
ANCY. The basis, in England. of rating
Ealim. § 288.
lands and her ed itam ents to the poor-rate, snd
"Hypothecation n is a term of the civil law, and
Is that kind of pledge in which the possession of to other rates and taxes that are expressed to
the thing pledged remains with the debtor, (the be leviable or assessable i n like manner as
obligation resting in mere contract without deliv· the p oor-rate .
ery;) and in this respect distinguished from "pla­
flUS, n in which possession is delivered to the credo HYRNES. In old EngJloh Jaw. A par­
itor or pawnee. 24Ark. 27. See 2 Bell, Comm. 25. ish.
HYPOTHECATION BOND. A bond
HYSTEROPOTMOI. Tho.e who. bav­
given in the contract of bottomry or respon­
ing been thought dead, had, after a l ong ab­
dentia. sence in foreign countries, returned safely
HYPOTHEQUE. In Frencb Jaw. Hy­ homej or those who, having been thought
pothecation ; a mortgage on real property; dead in battle, had afterwards unexpecttdly
the right vested in a creditor by the assign­ escaped fl'Om thf'ir enemies and return ed
ment to him of real estate as security fol' the home. These, among the Homans, were not
payment of hiq debt, whether or not it be permitted to enter their own houses at the
accompanied by po.session. Sea Civil Code d oor, bllt were received at a passage opened
La. art. 3360. in the roof. Ene. Lond.
It corresponds to the mortgage of real property
HYSTEROTOMY. The Crosarian opera·
in English law, and is a real charge, following the
property intowhoseS06verhauds it comes. Itmay tion.
be legale, 88 in the case of the charge which the
HYTHE. In E nglish Jaw. A port,
state has over the lrmds of its accountants, or
which a married woman has over those of her hus­ wharf, or small haven to embark or land
band; judicLalre, when it is tho result of 8 judg· merchandise at. Cowell; Blount.