HABEAS CORPORA,  English practice. A writ issued out of the C.
P. commending  the sheriff  to compel the appearance of a jury in
the cause  between the  parties. It  answers the  same purpose in
that court as the Distringas juratores answers in the K. B. For a
form, see Bootes Suit at Law, 151.

   HABEAS CORPUS, remedies A writ of habeas corpus is an order in
writing, signed by the judge who grants the same, and sealed with
the seal of the court of he is a judge, issued in the name of the
sovereign power  where it  is granted, by such a court or a judge
thereof, having  lawful authority  to issue the same, directed to
any one  having a  person in  his custody or under his restraint,
commanding him  to produce,  such person  at a  certain time  and
place, and  to state  the reasons  why he  is held in custody, or
under restraint.

  2. This writ was it common law considered as a remedy to remove
the illegal  restraint on  a freeman.  But  anterior  to  the  31
Charles II.  its benefit  was,  in  a  great  degree,  eluded  by
time-serving judges,  who awarded  it only  in term time, and who
assumed a  discretionary power  of awarding  or  refusing  it.  3
Bulstr. 23.  Three or  four years  before that statute was passed
there had  been two very great cases much agitated in Westminster
Hall, upon  writs of habeas corpus for private custody, viz:  the
cases of  Lord Lei-ah:   2 Lev;  128;  and Sir Robert Viner, Lord
Mayor.of London.  3 Keble,  434, 447,  470, 504;    2  Lev.  128;
Freem. 389. But the court has wisely drew the line of distinction
between civil  constitutional liberty, as opposed to the power of
the crown,  and liberty  as opposed  to the violence and power of
private persons. Wilmot's Opinions, 85, 86.

   3. To secure the full benefit of it to the subject the statute
81 Car.  II. c.  2, commonly  calfed the  habeas corpus  act, was
passed. This  gave to  the. writ  the vigor,  life, and  efficacy
requisite for  the due  protection of the liberty of the subject.
In England  this. is  considered  as  a  high  prerogative  writ,
issuing out  of the  court of  king's  bench,  in  term  time  or
vacation, and running into every part of the king's dominions. It
is also  grantable as a matter of right, ex debito justitae, upon
the application of any person.

   4. The  interdict De homine libero exhibendo of the Roman law,
was a  remedy very  similar to  the writ of habeas corpus. When a
freeman was  restrained by  another, contrary  to good faith, the
praetor ordered  that such  person should  be brought  before him
that he might be liberated. Dig. 43, 29, 1.

   5. The  habeas corpus  act has been substantially incorporated
into the jurisprudance of every state in the Union, and the right
to the  writ has been secured by most of the constitutions of the
states, and  of the  United States. The statute of 31 Car. II. c.
2, provides  that the  person imprisoned, if he be not a prisoner
convict, or  in execution  of legal  process,  or  committed  for
treason or  felony, plainly  expressed in the warrant, or has not
neglected wilfully,  by the  space of  two whole  terms after his
imprisonment, to  pray a  habeas corpus  for his enlargement, may
apply by  any one  in his behalf, in vacation time, to a judicial

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officer for the writ of habeas corpus, and the officer, upon view
of the copy of the warrant of commitment, or upon proof of denial
of it after due demand, must allow the writ to be directed to the
person  in   whose  custody  the  party  is  detained,  and  made
returnable immediately  before him. And, in term time, any of the
said prisoners  may obtain his writ of habeas corpus, by applying
to the proper court.

   6. By  the habeas  corpus law  of Pennsylvania,  (the  Act  of
February 18,  1785,) the  benefit of the writ of habeas corpus is
given in  "all cases  where any  person, not  being committed  or
detained for  any criminal,  or supposed  criminal  matter,"  Who
"shall be confined or restrained of his or her liberty, under any
color or  pretence whatsoever."  A similar provision is contained
in the  habeas corpus  act of  New York.  Act of  April 21, 1818,
sect. 41, ch. 277.

   7. The  Constitution of  the United  State art. 1, s. 9, n. 2,
provides, that " the privilege of the writ of habeas corpus shall
not be suspended, unless when, in cases of rebellion or invasion,
the public  safety may  require it  and  the  same  principle  is
contained in many of the state constitutions. In order still more
to secure  the citizen  the benefit  of this  great writ, a heavy
penalty is  inflicted upon  the judges who are bound to grant it,
in case of refusal.

   8. It  is proper  to consider, 1. When it is to be granted. 2.
How it  is to  be served.  3. What return is to be made to it. 4.
The bearing. 5. The effect of the judgment upon it.

   9. -  1. The  writ is  to be  granted whenever  a person is in
actual confinement,  committed or  detained as  aforesaid, either
for a  criminal charge,  or, as  in Pennsylvania and New York, in
all cases  where he  is confined  or restrained  of his  liberty,
under any color or pretence whatsoever. But persons discharged on
bail will  not be considered as restrained of their liberty so as
to be  entitled to,  a writ  of habeas  corpus, directed to their
bail. 3 Yeates, R. 263;  1 Serg & Rawle, 356.

   10. - 2. The writ may be served by any free person, by leaving
it with the person to whom it is directed, or left at the gaol or
prison with  any of  the under officers, under keepers, or deputy
of the  said officers  or keepers.  In Louisiana, it is provided,
that if  the person  to whom  it is  addressed  shall  refuse  to
receive the writ, he who is charged to serve it, shall inform him
of its  contents;   if he  to whom  the writ is addressed conceal
himself, or  refuse admittance  to the person charged to serve it
on him,  the latlat  shall affix the order on the exterior of the
place where  the person resides, or in which the petitioner is so
confined. Lo.  Code of  Pract. art. 803. The service is proved by
the oath of the party making it.

   11. - 3. The person to whom the writ is addressed or directed,
is required  to make  a return to it, within the time prescribed;
he either  complies, or  he does  not. If,  he complies,  he must
positively answer,  1. Whether  he has or has not in his power or
custody the  person to  be set at liberty, or whether that person

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is confined by him;  if he return that he has not and has not had
him in  his power  or custody,  and the  return is  true,  it  is
evident that  a mistake  was made  in issuing  the writ;   if the
return is false, he is liable to a penalty, and other punishment,
for making  such a,  false return.  If he return that he has such
person in  his custody, then he must show by his return, further,
by what  authority, and  for what  cause, he arrested or detained
him. If he does not comply, he is to be considered in contempt of
the court  under whose  seal the writ has been issued, and liable
to a severe penalty, to be recovered by the party aggrieved.

   12. -  4. When  the prisoner is brought, before the judge, his
judicial  discretion  commences,  and  he  acts  under  no  other
responsibility  than  that  which  belongs  to  the  exercise  of
ordinary judicial  power. The  judge or  court  before  whom  the
prisoner is  brought on  a habeas corpus, examines the return and
Papers, if any, referred to in it, and if no legal cause be shown
for the  imprisonment or  restraint;   or if  it appear, although
legally committed, he has not been prosecuted or tried within the
periods required  by law,  or that,  for  any  other  cause,  the
imprisonment  cannot   be  legally  continued,  the  prisoner  is
discharged from  custody. In  the case  of wives,  children,  and
wards, all  the court  does, is  to see  that they  ire under  no
illegal restraint.  1 Strange,  445;   2. Strange, 982;  Wilmot's
Opinions, 120.

   13. For  those offences  which are bailable, when the prisoner
offers sufficient bail, he is to be bailed.

   14. He  is to  be remanded in the following cases:  1. When it
appears he,  is detained  upon legal  process, out  of some court
having jurisdiction  of criminal  matters, 2. When he is detained
by warrant,  under the  hand and  seal of  a magistrate, for some
offence for  which, by law, the prisoner is not bailable. 3. When
he is  a convict  in execution, or detained in execution by legal
civil process.  4. When  he is detained for a contempt, specially
and plainly  charged in  the commitment,  by some existing court,
having authority  to commit  for contempt.  5. When he refuses or
neglects to  give the requisite bail in a case bailable of right.
The judge  is not  confined to  the return,  but he is to examine
into the causes of the imprisonment, and then he is to discharge,
bail, or  remand, as justice shall require. 2 Kent, Com. 26;  Lo.
Code of Prac. art. 819.

  15. - 5. It is provided by the habeas corpus act, that a person
set at liberty by the writ, shall not again be imprisoned for the
same offence,  by any  person whomsoever, other than by the legal
order and  process of  such court  wherein he  shall be  bound by
recognizance to appear, or other court having jurisdiction of the
cause. 4 Johns. R. 318;  1 Binn. 374;  5 John. R. 282.

  16. The habeas corpus can be suspended only by authority of the
legislature. The constitution of the United States provides, that
the privilege of the writ of habeas corpus shall not be suspended
unless when,  in cases  of invasion  and  rebellion,  the  public
safety may  require it.  Whether this  writ ought to be suspended
depends on political considerations, of which the legislature, is

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to decide.  4 Cranch,  101. The proclamation of a military chief,
declaring martial  law, cannot,  therefore, suspend the operation
of the law. 1 Harr. Cond. Rep. Lo. 157, 159 3 Mart. Lo. R. 531.

   17. There  are various  kinds of  this writ;  the principal of
which are explained below.

   18. Habeas  corpus ad  deliberandum et  recipiendum, is a writ
which lies  to remove  a prisoner to take his trial in the county
where the offence was committed. Bac. Ab. Habeas Corpus, A.

   19. Habeas corpus ad faciendum et recipiendum, is a writ which
issues out of a court of competent jurisdiction, when a person is
sued in  an inferior  court, commanding  the inferior  judges  to
produce the  body of  the defendant,  together with  the day  and
cause  of   his  caption  and  detainer,  (whence  this  writ  is
frequently denominated habeas corpus cum causa) to do and receive
whatever the  court or  the judge issuing the writ shall consider
in that  behalf. This  writ may  also be  issued by the bail of a
prisoner, who has been taken upon a criminal accusation, in order
to surrender  him in his own discharge;  upon. the return of this
writ, the  court will  cause an  exoneretur to  be entered on the
bail piece, and remand the prisoner to his former custody. Tidd's
Pr. 405;  1 Chit. Cr. Law, 182.

   20. Habeas  corpus ad prosequendum, is a writ which issues for
the purpose  of removing  a prisoner in order to prosecute. 3 Bl.
Com. 130.

   21. Habeas  corpus ad  respondendum, is a writ which issues at
the instance  of a  creditor, or  one who  has a  cause of action
against a  person who is confined by the process of some inferior
court, in  order to  remove the prisoner and charge him with this
new action in the court above. 2 Mod. 198;  3 Bl. Com. 107.

   22. Habeas  corpus ad  satisfaciendum, is a writ issued at the
instance of  a  plaintiff  for  the  purpose  of  bringing  up  a
prisoner, against  whom  a  judgment  has  been  rendered,  in  a
superior court  to charge  him with  the process  of execution. 2
Lill. Pr. Reg. 4;  3 Bl. Com. 129, 130.

   23. Habeas  corpus ad  subjiciendum, by way of eminence called
the writ  of habeas  corpus, (q.  v.) is  a writ  directed to the
person detaining  another, and commanding him to produce the body
of the  prisoner, with  the day  and cause  of  his  caption  and
detention, ad  faciendum, subjiciendum,  et recipiendum,  to  do,
submit to,  and receive,  whatsoever the  judge or court awarding
such writ  shall consider  in that  behalf. 3  Bl. Com.  131;   3
Story, Const. §1333.

   24. Habeas  corpus ad  testificandum, a  writ issued  for  the
purpose of  bringing a  prisoner, in  order that  he may testify,
before the court. 3 Bl. Com. 130.

   25. Habeas  corpus cum causa, is a writ which may be issued by
the bail  of a  prisoner, who  has been  taken  upon  a  criminal
accusation, in order to render him in their own discharge. Tidd's

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Pr. 405.  Upon the  return of  this writ  the court will cause an
exoneretur to  be entered  on the  bail  piece,  and  remand  the
defendant to his former custody. Id. ibid.;  1 Chit. Cr. Law 132.
Vide, generally,  Bac. Ab.  h. t.;  Vin. Ab. h. t.;  Com. Dig. h.
t.;   Nels. Ab. h. t.;  the various American Digests, h. t.;  Lo.
Code of  Prac. art.  791 to 827;  Dane's Ab. Index, h. t.;  Bouv.
Inst. Index, h. t.

   HABENDUM, conveyancing.  This is a Latin word, which signifies
to have.

   2. In  conveyancing, it  is that  part of a deed which usually
declares what estate or interest is granted by it, its certainty,
duration, and  to what use. It sometimes qualifies the estate, so
that  the   general  implication   of  the   estate,  which,   by
construction of  law, passes in the premises, may by the habendum
be controlled;   in  which case  the  habendum  may  enlarge  the
estate, but not totally contradict, or be repugnant to it. It may
abridge the premises. Perk. §170 , 176;  Br. Estate, 36 Cont. Co.
Litt. 299. It may explain the premises. More, 43;  2 Jones, 4. It
may enlarge  the premises  Co. Litt.  299;  2 Jones, 4. It may be
frustrated by the premises, when they are general;  Skin. 544 but
it cannot  frustrate the  premises, though  it may restrain them.
Skin. 543.  Its proper  office is  not to  give anything,  but to
limit or  define the  certainty of  the estate  to the feoffee or
grantee, who  should be  previously named  in the premises of the
deed, or  it is  void. Cro. Eliz. 903. In deeds and devises it is
sometimes construed  distributively, reddendo singula singulis. 1
Saund. 183-4, notes 3 and 4;  Yelv. 183, and note 1.

   3. The  habendum commences in our common deeds, with the words
"to have  and to  hold." 2 Bl. Com. 298.;  14 Vin. Ab. 143;  Com.
Dig. Fait,  E 9;   2  Co. 55 a;  8 Mass. R. 175;  1 Litt. R. 220;
Cruise, Dig.  tit. 32, c. 20, s. 69 to 93;  5 Serg. & Rawle, 375;
2 Rolle,  Ab. 65;   Plowd.  153;   Co. Litt. 183;  Martin's N. C.
Rep. 28;   4  Kent, Com.  456;  3 Prest. on Abstr. 206 to 210;  5
Barnw. & Cres. 709;  7 Greenl. R. 455;  6 Conn. R. 289;  6 Har. &
J. l32;  3 Wend. 99.

  HABERDASHER. A dealer in miscellaneous goods and merchandise.

  HABERE. To have. This word is used in composition.

   HABERE FACIAS  POSSESSIONEM, Practice, remedies. The name of a
writ of execution in the action of ejectment.

   2. The sheriff, is commanded by this writ that, without delay,
he cause  the plaintiff to have possession of the land in dispute
which is  therein described;   a fi. fa. or ca. sa. for costs may
be included in the writ. The duty of the sheriff in the execution
and return  of that  part of the writ, is the same as on a common
fi. fa.  or ca.  sa. The  sheriff is  to  execute  this  writ  by
delivering a  full and,  actual possession of the premises to the
plaintiff. For  this purpose  he may break an outer or inner door
of the  house, and,  should he be violently opposed, he may raise
the posse  comitatus. Wats.  on Sher.  60, 215;   5 Co. 91 b.;  1
Leon. 145;  3 Bouv. Inst. n. 3375.

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   3. The name of this writ is abbreviated hab. fa. poss. Vide 10
Vin. Ab.  14;  Tidd's Pr. 1081, 8th Engl. edit.;  2 Arch. Pr. 58;
3 Bl. Com. 412;  Bing. on Execut. 115, 252;  Bac. Ab. h. t.

   HABERE FACIAS SEISINAM, practice, remedies. The name of a writ
of execution,  used in most real actions, by which the sheriff is
directed that  he cause the demandant to have seisin of the lands
which he has recovered. 3 Bouv. Inst. n. 3374.

  2. This writ may be taken out at any time within a year and day
after judgment. It is to be executed nearly in the same manner as
the writ  of habere  facias possessionem,  and, for this purpose,
the officer  may break  open the outer door of a house to deliver
seisin to  the demandant.  5 Co.  91 b;   Com. Dig. Execution, E;
Wats. Off.  of Sheriff, 238. The name of this writ is abbreviated
hab. fac. seis. Vide Bingh. on Exec. 115, 252;  Bac. Ab. h. t.

   HABERE FACIAS  VISUM, practice.  The name of a writ which lies
when a  view is  to be  taken of  lands and  tenements., F. N. B.
Index, verbo View.

   HABIT. A disposition or condition of the body or mind acquired
by custom  or a  frequent repetition of the same act. See 2 Mart.
Lo. Rep. N. S. 622.

   2. The  habit of  dealing has always an important bearing upon
the construction  of commercial contracts. A ratification will be
inferred from the mere habit of dealing between the parties;  as,
if a broker has been accustomed to settle losses on policies in a
particular manner,  without any objection being made, or with the
silent approbation  of his  principal, and  he  should  afterward
settle other  policies in  the same manner, to which no objection
should be made within a reasonable time, a just presumption would
arise of  an implied  ratification;  for if the principal did not
agree to  such settlement  he should have declared his dissent. 2
Bouv. Inst. 1313-14.

   HABITATION, civil law. It was the right of a person to live in
the house of another without prejudice to the property.

   2. It  differed from a usufruct in this, that the usufructuary
might have  applied the  house to  any purpose,  as, a  store  or
manufactory;   whereas the  party having the right of habitation.
could only use it for the residence of himself and family. 1 Bro.
Civ. Law, 184 Domat. l. 1, t. 11, s. 2, n. 7.

  HABITATION, estates. A dwelling-house, a home-stall. 2 Bl. Com.
4;  4 Bl. Com. 220. Vide House.

   HABITUAL DRUNKARD.  A person given to ebriety or the excessive
use of intoxicating drink, who has lost the power or the will, by
frequent indulgence, to control his appetite for it.

   2. By  the laws  of Pennsylvania  an habitual  drunkard is put
nearly upon  the same  footing with a lunatic;  he is deprived of
his property,  and a  committee is appointed by the court to take

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care of  his person  and estate.  Act of June 13, 1836, Pamph. p.
589. Vide 6 Watts' Rep. 139;  1 Ashm. R. 71.

  3. Habitual drunkenness, by statutory provisions in some of the
states, is a sufficient cause for divorce. 1 Bouv. Inst. n. 296.

  HABITUALLY. Customarily, by habit. or frequent use or practice,
or so  frequently, as to show a design of repeating the same act.
2 N. S. 622:  1 Mart. Lo. R. 149.

   2. In  order to  found proceedings  in lunacy, it is requisite
that the  insanity should  be habitual,  yet it  is not necessary
that it should be continued. 1 Bouv. Inst.  n. 379.

   HAD BOTE, Engl. law.  A recompense or amends made for violence
offered to a person in holy olders.

   HAEREDES PROXIMI. The children or descendants of the deceased.
Dalr. Feud. Pr. 110;  Spellm. Remains.

   HAEREDES  REMOTIORES.  The  kinsmen  other  than  children  or
descendants;  Dalr. Feud. Pr. 110;  Spellm. Remains.

   HAEREDITAS. An inheritance, or an estate which descends to one
by succession.  At  common  law  an  inheritance  never  ascends,
haereditas nunquam  ascendit. But  in many  of the  states of the
Union provision is made by statute in favor of ascendants.

   HAEREDITAS JACENS. This is said of an inheritance which is not
taken by the heirs, but remains in abeyance.

   HAERES civil  law. An  heir, one  who succeeds  to  the  whole

   2. These  are of various kinds. 1. Haeres natus, an heir born;
the heir  at law:  he is distinguished from, 2. Haeres factus, or
an heir  created by  will, a testamentary heir, to whom the whole
estate of  the testator  is given. 3. Haeres fiduciarius, an heir
to whom the estate is given in trust for another. Just. 2, 23, 1,
2.  Haeres-legitimus,  a  lawful  heir;    this  is  one  who  is
manifested by  the marriage of his parents;  haeres legitimus est
quem nuptiae  demonstrant;  haeres suus, one's own heir, a proper
heir;  descendants. Just. 3, 1, 4, 5.

   HALF. One equal part of a thing divided into two parts, either
in fact  or in  contemplation. A  moiety. This  word is  used  in
composition;  as, half cent, half dime, &c.

   HALF-BLOOD, parentage,  kindred. When  persons have  only  one
parent in  common, they  are of  the half-blood.  For example, if
John marry  Sarah and  has a  son by  that  marriage,  and  after
Sarah's death  he marry  Maria, and has by her another son, these
children are  of the  half-blood;  whereas two of the children of
John and Sarah would be of the whole blood.

   2. By  the English  common law, one related to an intestate of
the half-blood  only, could  never inherit,  upon the presumption

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that he  is not of the blood of the original purchaser;  but this
rule has been greatly modified by the 3 and 4 Wm. IV. c. 106.

  3. In this country the common law principle on this subject may
be considered  as not  in  force,  though  in  some  states  some
distinction  is   still  preserved  between  the  whole  and  the
half-blood. 4  Kent, Com.  403, n.;  2 Yerg. 115;  1 M'Cord, 456;
Dane's Ab.  Index, h.  t.;   Reeves  on  Descents,  passim.  Vide

   HALF-BROTHER AND HALF-SISTER. Persons who have the same father
but different mothers;  or the same mother but different fathers.

   HALF CENT,  money. A  copper coin of the United States, of the
value of  one two-hundredth  part of  a dollar, or five mills. It
weighs eighty-four  grains. Act  of January  18, 1837,  s. 12,  4
Sharswood's cont. of Story's L. U. S. 2523, 4. Vide Money.

   HALF DEFENCE,  pleading. It is the peculiar form of a defence,
which is  as follows,  "venit et  defendit vim  et  injuriam,  et
dicit," &c.  It differs  from full  defence. Vide  Defence;    Et

   HALF DIME,  money. A  silver coin of the United States, of the
value of  one- twentieth  part of  a dollar,  or five  cents.  It
weighs twenty grains and five-eighths of a grain. Of one thousand
parts, nine  hundred are  of pure  silver, and one hundred are of
alloy. Act  of January  18, 1837, s. 8 and 9, 4 Sharswood's cont.
of Story's L. U. S. 2523, 4. Vide Money.

   HALF DOLLAR,  money. A silver coin of the United States of the
value  of  fifty  cents.  It  weighs  two  hundred  and  six  and
one-fourth grains.  Of one  thousand parts,  nine hundred  are of
pure silver,  and one  hundred of alloy. Act of January 18, 1837,
S. 8  and 9,  4 Sharsw.  cont. of  Story's L. U. S. 2523, 4. Vide

   HALF EAGLE,  money. A  gold coin  of the United States, of the
value of  five dollars.  It weighs  one hundred  and  twenty-nine
grains. Of one thousand parts, nine hundred are of pure gold, and
one hundred of alloy. Act of January 18, 1837, 4 Sharsw. cont. of
Story's L. U. S. 2523, 4. Vide Money.

   HALF PROOF,  semiplena probatio, civil law. Full proof is that
which is  sufficient to  end the controversy, while half proof is
that which  is insufficient,  as the  foundation of a sentence or
decree, although  in itself  entitled to some credit. Vicat, voc.

   HALF SEAL. A seal used in the English chancery for the sealing
of commissions  to delegates appointed upon any appeal, either in
ecclesiastioal or marine causes.

   HALF YEAR, In the computation of time, a half year consists of
one hundred and eighty-two days. Co. Litt. 135 b;  Rev. Stat., of
N. Y. part 1, c. 19, t. 1. §3.

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   HALL. A  public building  used  either  for  the  meetings  of
corporations, courts,  or employed  to some  public uses;  as the
city hall,  the town  hall. Formerly  this word denoted the chief
mansion or habitation.

  HALLUCINATION, med. jur. It is a species of mania, by which "an
idea reproduced  by the  memory is associated and embodied by the
imagination." This  state of mind is sometimes called delusion or
waking dreams.

   2. An attempt has been made to distinguish hallucinations from
illusions;   the former  are said to be dependent on the state of
the intellectual  organs and,  the latter,  on that  of those  of
sense. Ray,  Med. Jur.  §99;   1 Beck,  med. Jur.  538, note.  An
instance is  given of a temporary hallucination in the celebrated
Ben Johnson,  the poet. He told a friend of his that he had spent
many a night in looking at his great toe, about which he had seen
Turks and  Tartars,  Romans  and  Carthagenians,  fight,  in  his
imagination. 1  Coll. on Lun. 34. If, instead of being temporary,
this affection of his mind had been permanent, he would doubtless
have been  considered insane.  See, on  the subject  of  spectral
illusions, Hibbert,  Alderson and  Farrar's  Essays;    Scott  on
Demonology, &c.;   Bostock's  Physiology, vol.  3, p. 91, 161;  1
Esquirol, Maladies Mentales, 159.

  HALMOTE. The name of a court among the Saxons. It had civil and
criminal jurisdiction.

   HAMESUCKEN, Scotch  law. The  crime of  hamesucken consists in
"the felonious  seeking and  invasion of a person in his dwelling
house." 1  Hume, 312;   Burnett,  86;  Alison's Princ. of the Cr.
Law of Scotl. 199.

   2. The  mere breaking into a house, without personal violence,
does not constitute the offence, nor does the violence without an
entry with intent to, commit an assault. It is the combination of
both which  completes the  crime. 1.  It is  necessary  that  the
invasion of  the house  should have  proceeded  from  forethought
malice;   but it  is sufficient, if, from any illegal motive, the
violence has  been meditated,  although it may not have proceeded
from the desire of wreaking personal revenge, properly so called.
2. The  place where  the assault was committed must have been the
proper dwelling  house of  the party  injured, and not a place of
business, visit,  or occasional  residence. 3.  the offence maybe
committed equally  in the  day as  in the  night, and not only by
effraction of  the building  by actual  force  but  by  an  entry
obtained by  fraud, with  the intention  of  inflicting  personal
violence, followed  by its perpetration. 4. But unless the injury
to the person be of a grievous and material, character, it is not
hamesucken,  though  the  other  requisites  to  the  crime  have
occurred. When  this is  the case,  it is  immaterial whether the
violence be  done lucri  causƒ, or  from personal  spite. 5.  The
punishment of  hamesucken in aggravated cases of injury, is death
in cases  of inferior atrocity, an arbitrary punishment. Alison's
Pr. of  Cr. Law  of Scotl.  ch. 6;  Ersk. Pr. L. Scotl. 4, 9, 23.
This term  wag formerly used in England instead of the now modern
term burglary. 4 Bl. Com. 223.

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  HAMLET, Eng. law. A small village;  a part or member of a vill.

  HANAPER OFFICE, Eng.law. This is the name of one of the offices
belonging to the English court of chancery. 3 Bl. Com. 49.

  HAND. That part of the human body at the end of the arm.

   2. Formerly  the hand  was considered  as the  symbol of  good
faith, and  some contracts  derive their names from the fact that
the hand was used in making them;  as handsale, (q. v.) mandatum,
(q. v.)  which comes from ƒ manu datƒ. The hand is still used for
various legal or forensic purposes. When a person is accused of a
crime and  he is  arraigned, and he is asked to hold up his right
hand;   and when one is sworn as a witness, he is required to lay
his right hand on the Bible, or to hold it up.

   3. Hand  is also  the name  of a  measure of  length  used  in
ascertaining the  height of  horses. It  is four inches long. See
Measure:  Ell.

   4. In  a figurative  sense, by hand is understood a particular
form of  writing;   as if  B writes a good hand. Various kinds of
hand have  been used, as, the secretary hand, the Roman hand, the
court hand,  &c. Wills  and contracts  may be  written in  any of
these, or any other which is intelligible.

   HANDBILL. A printed or written notice put up on walls, &c., in
order to inform those concerned of something to be done.

  HANDSALE, contracts. Anciently, among all the northern nations,
shaking of  hands was held necessary to bind a bargain;  a custom
still retained  in verbal contracts;  a sale thus made was called
handsale, venditio  per mutuam  manum complexionem. In process of
time the same word was used to signify the price or earnest which
was given  immediately after  the shaking  of hands,  or  instead
thereof. In  some parts  of the  country it  is usual to speak of
hand money as the part of the consideration paid or to be paid at
the execution  of a contract of sale. 2 Bl. Com. 448. Heineccius,
de Antique  Jure Germanico,  lib. 2,  §335;   Toull. Dr. Civ. Fr.
liv. 3, t. 3, c. 2, n. 33.

   HANDWRITING, evidence.  Almost every  person's handwriting has
something whereby  it may  be distinguished  from the  writing of
others, and this difference is sometimes intended by the term.

  2. It is sometimes necessary to prove that a certain instrument
or name  is in  the handwriting  of a particular person;  that is
done either  by the  testimony of a witness, who saw the paper or
signature actually  written, or  by one  who  has  by  sufficient
means, acquired  such a knowledge of the general character of the
handwriting of  the party,  as will  enable him  to swear  to his
belief, that  the handwriting of the person is the handwriting in
question. 1  Phil. Ev. 422;  Stark. Ev. h. t.;  2 John. Cas. 211;
5 John.  R. 144;  1 Dall. 14;  2 Greenl. R. 33;  6 Serg. & Rawle,
668;   1 Nott  & M'Cord,  554;  19 Johns. R. 134;  Anthon's N. P.
77;   1 Ruffin's  R. 6;   2 Nott & M'Cord, 400;  7 Com. Dig. 447;
Bac. Ab. Evidence, M;  Dane's Ab. Index, h. t.

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   HANGING, punishment. Death by the halter, or the suspending of
a criminal, condemned to suffer death, by the neck, until life is
extinct. A mode of capital punishment.

   HANGMAN. The  name usually  given to  a man  employed  by  the
sheriff to  put a man to death, according to law, in pursuance of
a judgment  of a competent court, and lawful warrant. The same as
executioner. (q. v.)

   HAP. An  old word  which signifies  to catch;  as, "to hap the
rent," to hap the deed poll." Techn. Dict. h. t.

   HARBOR. A  place where  ships  may  ride  with  safety;    any
navigable water  protected by  the surrounding country;  a haven.
(q. v.) It is public property. 1. Bouv. Inst. n. 435.

   To HARBOR,  torts. To  receive clandestinely or without lawful
authority a  person for  the purpose  of so  concealing him  that
another having  a right  to the  lawful custody  of such  person,
shall be  deprived of  the same;  for example, the harboring of a
wife or  an apprentice,  in order  to deprive  the hushand or the
master of  them;   or in  a  less  technical  sense,  it  is  the
reception of persons improperly. 10 N. H. Rep. 247;  4 Scam. 498.
 2.  The harboring  of such  persons will subject the barborer to
an, action for the injury;  but in order to put him completely in
the wrong,  a demand should be made for their restoration, for in
cases where  the harborer  has not committed any other wrong than
merely receiving  the plaintiff's  wife, child, or apprentice, he
may be  under no  obligation to  return them  without a demand. 1
Chit. Pr.  564;   Dane's Ab.  Index, h. t.;  2 N. Car. Law Repos.
249;  5 How. U. S. Rep. 215, 227.

   HARD LABOR, punishment. In those states where the penitentiary
system has  been adopted,  convicts who  are to be imprisoned, as
part of  their punishment,  are sentenced  to perform hard labor.
This labor  is not greater than many freemen perform voluntarily,
and  the  quantity  required  to  be  performed  is  not  at  all
unreasonable. In  the penitentiaries  of Pennsylvania it consists
in  being   employed  in   weaving,  shoemaking,  and  such  like

   HART. A  stag or  male deer  of  the  forest  five  years  old

   HAT MONEY,  mar. law.  The name  of a  small duty  paid to the
captain and mariners of a ship, usually called primage. (q. v.)

   TO HAVE.  These words  are used in deeds for the conveyance of
land, in  that clause  which usually declared for what estate the
land is  granted. The  same as  Habendum. (q.  v.) Vide Habendum;

   HAVEN. A  place calculated  for the reception of ships, and so
situated, in  regard to the surrounding land, that the vessel may
ride at  anchor in  it in  safety. Hale,  de Port.  Mar. c. 2;  2
Chit. Com. Law, 2;  15 East, R. 304, 5. Vide Creek;  Port;  Road.

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   HAWKERS. Persons  going from  place to  place with  goods  and
merchandise for  sale. To  prevent impositions they are generally
required to  take out  licenses, under regulations established by
the local laws of the states.

   HAZARDOUS CONTRACT,  civil law.  When the  performance of that
which is  one of  its objects, depends on an uncertain event, the
contract is  said to  be hazardous.  Civ. Co.  of Lo. art. 1769 1
Bouv. Inst. n. 707.

  2. When a contract is hazardous, and the lender may lose all or
some part  of his  principal, it is lawful for him to charge more
than lawful  interest for the use of his money. Bac. Ab. Usury D;
1 J. J. Marsh, 596;  3 J. J. Marsh, 84.

  HEAD BOROUGH, English law. Formerly he was a chief officer of a
borough, but  now he  is an officer subordinate to constable. St.
Armand, Hist. Essay on the Legisl. Power of Eng. 88.

   HEALTH. Freedom from pain or sickness;  the most perfect state
of animal  life. It  may be  defined, the  natural agreement  and
concordant dispositions of the parts of the living body.

   2. Public health is an object of the utmost importance and has
attracted the attention of the national and state legislatures.

   3. By  the act  of Congress  of the  25th of February, 1799, 1
Story's L. U. S. 564, it is enacted:  1. That the quarantines and
other restraints,  which shall  be established by the laws of any
state, respecting any vessels arriving in or bound to any port or
district thereof,  whether coming  from a  foreign port  or  some
other part  of the  United States, shall be observed and enforced
by all  officers of the United States, in such place. Sect. 1. 2.
In times  of contagion  the collectors of the revenue may remove,
under the  provisions of the act, into another district. Sect. 4.
3. The  judge of  any  district  court  may,  when  a  contagious
disorder prevails  in his  district, cause the removal of persons
confined in  prison under  the laws  of the  United States,  into
another district.  Sect. 5.  4. In  case of  the prevalence  of a
contagious disease  at the  seat of  government, the president of
the United  States may  direct the  removal of  any or all public
offices to  a place  of safety.  Sect. 6.  5.  In  case  of  such
contagious disease, at the seat of government, the chief justice,
or in  case of  his death  or  inability,  the  senior  associate
justice of  the supreme court of the United States, may issue his
warrant to  the marshal  of the  district court  within which the
supreme court  is by  law to  be holden, directing him to adjourn
the said session of the said court to such other place within the
same or  adjoining district  as he  may deem  convenient. And the
district judges  may, under the same circumstances, have the same
power to  adjourn to  some other part of their several districts.
Sect. 7.

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   3. Offences  against the  provisions of  the health  laws  are
generally punished  by fine  and imprisonment. These are offences
against public  health, punishable  by the common law by fine and
imprisonment,  such   for   example,   as   selling   unwholesome
provisions. 4  Bl. Com.  162;  2 East's P. C. 822;  6 East, R.133
to 141;  3 M. & S. 10;  4 Campb. R. 10.

   4. Private  injuries affecting  a man's  health arise  upon  a
breach of  contract, express  or implied;   or  in consequence of
some tortions act unconnected with a contract.

  5. - 1. Those injuries to health which arise upon contract are,
1st. The  misconduct  of  medical  men,  when,  through  neglect,
ignorance, or  wanton experiments,  they injure their patients. 1
Saund. 312,  n. 2.  2d. By  the sale of unwholesome food;  though
the law  does not  consider a  sale to  be a  warranty as  to the
goodness or  quality of  a personal chattel, it is otherwise with
regard to food and liquors. 1 Rolle's Ab. 90, pl. 1, 2.

   6.-2. Those  injuries which  affect a  man's health, and which
arise from  tortious acts  unconnected with  contracts, are, 1st.
Private nuisances. 2d. Public nuisances. 3d. Breaking quarantine.
4th. By  sudden  alarms,  and  frightening;    as  by  raising  a
pretended ghost.  4 Bl.  Com. 197,  201, note  25;   1 Hale, 429;
Smith's Forens.  Med. 37  to 39;   1 Paris & Fonbl. 351, 352. For
private injuries affecting his health a man may generally have an
action on the case.

   HEALTH OFFICER.  The name of an officer invested with power to
enforce the health laws. The powers and duties of health officers
are regulated by local laws.

   HEARING, chwncery  practice. The term, hearing is given to the
trial of a chancery suit.

   2. The  hearing is  conducted as  follows. When  the cause  is
called on  in court,  the pleadings  on each side are opened in a
brief  manner  to  the  court  by  the  junior  counsel  for  the
plaintiff;   after which  the plaintiff's  leading counsel states
the plaintiff's case, and the points in issue, and submits to the
court his  arguments upon  them. Then the depositions (if any) of
the plaintiff's  witnesses, and  such parts  of  the  defendant's
answer  as   support  the   plaintiff's  case  are  read  by  the
plaintiff's solicitor;   after  which the rest of the plaintiff's
counsel address  the court;   then the same course of proceedings
is observed  on the  other side,  excepting that  no part  of the
defendant's answer can be read in his favor, if it be replied to;
the leading  counsel for  the plaintiff  is then  heard in reply;
after which  the court  pronounces the  decree, Newl. Pr. 153, 4;
14 Vin. Ab. 233;  Com. Dig. Chancery, T. 1, 2, 3.

   HEARING, crim. law. The examination of a prisoner charged with
a crime or misdemeanor, and of the witnesses for the accuser.

   2. The  magistrate should  examine with care all the witnesses
for the  prosecution, or so many of them as will satisfy his mind
that there  is sufficient  ground to believe the prisoner guilty,
and that  the case ought to be examined in court and the prisoner
ought to  be tried.  If, after the hearing of all such witnesses,
the offence  charged is not made out, or, if made out, the matter
charged is not criminal, the magistrate is bound to discharge the

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   3. When  the magistrate cannot for want of time, or on account
of the absence of a witness, close the hearing at one sitting, he
may adjourn  the case to -another day, and, in bailable offences,
either take  bail from  the prisoner  for his  appearance on that
day, or commit him for a further hearing. See Further hearing.

   4. After  a final hearing, unless the magistrate discharge the
prisoner, it  is his  duty to take bail in bailable offences, and
he is  the sole  judge of the amount of bail to be demanded this,
however, must  not be  excessive. He  is the  sole  judge,  also,
whether the  offence be  bailable or  not. When the defendant can
give the bail required, he must be discharged;  when not, he must
be committed  to the  county prison,  to take his trial, or to be
otherwise disposed of according, to law. See 1 Chit. Cr. Law, 72,
ch. 2.

   HEARSAY EVIDENCE.  The evidence  of those who relate, not what
they know themselves, but what they have heard from others.

   2. As  a general  rule, hearsay  evidence of  a  fact  is  not
admissible. If  any fact is to be substantiated against a person,
it ought  to be  proved in  his presence  by the  testimony of  a
witness sworn or affirmed to speak the truth.

   3. There  are, however,  exceptions to the rule. 1. Hearsay is
admissible when  it is  introduced, not  as a  medium of proof in
order to establish a distinct fact, but as being in itself a part
of the  transaction in  question, when  it is  a part  of the res
gestae. 1  Phil. Ev.  218;   4 Wash.  C. C.  R. 729;   14 Serg. &
Rawle, 275;  21 How. St. Tr. 535;  6 East, 193.

   4. -  2. What  a witness  swore on a former trial, between the
same parties,  and where  the same  point was  in issue as in the
second action,  and he  is since  dead, what  he swore  to is  in
general, evidence.  2 Show. 47;  11 John. R. 446;  2 Hen. & Munf.
193;   17 John.  R. 176;   But  see 14 Mass. 234;  2 Russ. on Cr.
683, and the notes.

   5. -  3. The dying declarations of a person who has received a
mortal injury,  as to  the fact  itself, and the party by whom it
was committed,  are good  evidence under  certain  circumstances.
Vide Declarations,  and 15  John. R.  286;   1 Phil.  Ev. 215;  2
Russ. on Cr. 683.

    6.  -  4.  In  questions  concerning  public  rights,  common
reputation is admitted to be evidence.

   7. -  5. The  declarations of  deceased persons in cases where
they appear  to have  been made against their interest, have been

  8. - 6. Declarations in cases of birth and pedigree are also to
be received in evidence.

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   9. -  7. Boundaries may be proved by hearsay evidence, but, it
seems, it  must amount  to common tradition or repute. 6 Litt. 7;
6 Pet.  341;   Cooke, R  142;  4 Dev. 342;  1 Hawks 45;  4 Hawks,
116;  4 Day, 265. See 3 Ham. 283;  3 Bouv. Inst. n. 3065, et seq.
10. There  are perhaps  a few more exceptions which will be found
in the books referred to below. 2 Russ. on Cr. B. 6, c. 3;  Phil.
Ev. ch. 7, s. 7;  1 Stark. Ev. 40;  Rosc. Cr. Ev. 20;  Rosc. Civ.
Ev. 19  to 24;   Bac.  Ab. Evidence,  K;  Dane's Ab. Index, h. t.
Vide also,  Dig. 39,  3, 2, 8;  Id. 22, 3, 28. see Gresl. Eq. Ev.
pt. 2,  c. 3, s. 3, p. 218, for the rules in courts of equity, as
to receiving hearsay evidence 20 Am. Jur. 68.

   HEDGE-BOTE. Wood  used for  repairing hedges  or fences. 2 Bl.
Com. 35;  16 John. 15.

   HEIFER. A young cow, which has not had a calf. A beast of this
kind two  years and  a  half  old,  was  held  to  be  improperly
described in  the indictment  as a  cow. 2  East, P.  C. 616;   1
Leach, 105.

   HEIR. One  born in  lawful matrimony, who succeeds by descent,
and right  of blood,  to lands, tenements or hereditaments, being
an estate  of inheritance. It is an established rule of law, that
God alone  can make  an heir.  Beame's Glanville, 143;  1 Thomas,
Co. Lit.  931;   and Butler's  note, p. 938. Under the word heirs
are comprehended  the heirs  of heirs in infinitum. 1 Co. Litt. 7
b, 9  a, 237  b;  Wood's Inst. 69. According to many authorities,
heir may  be nomen  collectivuum, as well in a deed as in a will,
and operate  in both  in the  same mannar, as heirs in the plural
number. 1 Roll. Abr. 253;  Ambl. 453;  Godb. 155;  T. Jones, 111;
Cro, Eliz.  313;   1 Burr.  38;  10 Vin. Abr. 233, pl. 1;  8 Vin.
Abr. 233;   sed  vide 2 Prest. on, Est. 9, 10. In wills, in order
to effectuate  the intention  of the  testator, the word heirs is
sometimes construed  to mean  next of  kin;   1 Jac. & Walk. 388;
and children,  Ambl. 273. See further, as to the force and import
of this word, 2 Vent. 311;  1 P. Wms. 229;  3 Bro. P. C. 60, 454;
2 P.  Wms. 1,  369;   2 Black.  R. 1010;  4 Ves. 26, 766, 794;  2
Atk. 89,  580;   5 East Rep. 533;  5 Burr. 2615;  11 Mod. 189;  8
Vin. Abr. 317;  1 T. R. 630;  Bac. Abr. Estates in fee simple, B.

   2. There are several kinds of heirs specified below.

   3. By  the civil  law, heirs  are divided into testamentary or
instituted heirs  legal heirs,  or heirs  of the blood;  to which
the Civil  Code of  Louisiana has added irregular heirs. They are
also divided into unconditional and beneficiary heirs.

   4. It  is proper here to notice a difference in the meaning of
the word  heir, as  it is  understood by  the common  and by, the
civil law.  By the  civil law,  the term heirs was applied to all
persons who  were called to the succession, whether by the act of
the party  or by  operation of  law. The  person who  was created
universal successor  by a will, was called the testamentary heir;
and the  next of  kin by blood was, in cases of intestaby, called
the heir at law, or heir by intestacy. The executor of the common
law is, in many respects, not unlike the testamentary heir of the

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civil law.  Again, the administrator ln many respects corresponds
with the  heir by  intestacy. By the common law, executors unless
expressly authorized  by the  will and  administrators,  have  no
right, except  to the  personal estate of the deceased;  whereas,
the heir  by the  civil law was authorized to administer both the
personal and real estate. 1 Brown's Civ. Law, 344;  Story, Confl.
of Laws, §508.

   5. All  free persons, even minors, lunatics, persons of insane
mind or  the like,  may transmit  their estates  as intestate  ab
intestato, and  inherit from  others.  Civ.  Code  of  Lo.,  945;
Accord, Co. Lit. 8 a.

   6. The  child in  its mother's womb, is considered as born for
all purposes  of its  own interest;   it  takes  all  successions
opened in its favor, after its conception, provided it be capable
of succeeding  at the  moment of its birth. Civ. Code of Lo. 948.
Nevertheless, if  the child conceived is reputed born, it is only
in the hope of its birth;  it is necessary then that the child be
born alive,  for it  cannot be  said that those who are born dead
ever inherited. Id. 949. See In ventre sa mere.

   HEIR. APPARENT.  One who  has an  indefeasible  right  to  the
inheritance, provided he outlive the ancestor. 2 Bl. Com. 208.

   HEIR, BENEFICIARY.  A term  used in the civil law. Beneficiary
heirs are  those who  have  accepted  the  succession  under  the
benefit of  an inventory  regularly made.  Civ. Code  of Lo. art.
879. If  the heir  apprehend that the succession-will be burdened
with  debts   beyond  its  value,  he  accepts  with  benefit  of
inventory, and  in that case he is responsible only for the value
of the succession. See inventory, benefit of.

   HEIR, COLLATERAL.  A collateral  heir is one who is not of the
direct line  of the  deceased, but  comes from a collateral line;
as, a  brother, sister,  an uncle  and aunt,  a nephew, niece, or
cousin of the deceased.

   HEIR, CONVENTIONAL,  civil law. A conventional heir is one who
takes a  succession by  virtue of  a contract;   for  example,  a
marriage contract, which entitles the heir to the succession.

     HEIR,  FORCED.   Forced  heirs   are  those  who  cannot  be
disinherited. This  term is used among the civilians. Vide Forced

   HEIR, GENERAL.  Heir at common in the English law. The heir at
common law  is he who, after his father or ancestor's death has a
right to,  and is  introduced into  all his  lands, tenements and
hereditaments. He  must be  of the  whole blood,  not a  bastard,
alien, &c. Bac. Abr. Heir, B 2;  Coparceners;  Descent.

   HEIR, IRREGULAR.  In Louisiana,  irregular heirs are those who
are neither testamentary nor legal, and who have been established
by law  to take  the succession.  See Civ.  Code of Lo. art. 874.
When  the  deceased  has  left  neither  lawful  descendants  nor
ascendants, nor  collateral  relations,  the  law  calls  to  his
inheritance either  the surviving  hushand or wife, or his or her
natural children,  or the state. Id. art., 911. This is called an
irregular succession.

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   HEIR AT LAW. He who, after his ancestor's death intestate, has
a  right  to  all  lands,  tenements,  and  hereditaments,  which
belonged to  him, or  of which  he was  seised. The  same as heir
general. (q. v.)

   HEIR, LEGAL, civil law. A legal heir is one who is of the same
blood of  the deceased,  and who takes the succession by force of
law;  this is different from a testamentary or conventional heir,
who takes the succession in virtue of the disposition of man. See
Civil, Code  of Louis. art. 873, 875;  Dict. de Jurisp., Heritier
legitime. There  are three  classes of  legal heirs, to wit;  the
children and  other lawful  descendants;  the fathers and mothers
and other  lawful ascendants;   and  the collateral kindred. Civ.
Code of Lo. art. 883.

   HEIR LOOM,  estates. This  word seems to be compounded of heir
and loom,  that is,  a frame,  viz. to  weave in. Some derive the
word loom  from  the  Saxon  loma,  or  geloma,  which  signifies
utensils or  vessels generally.  However this  may be,  the  word
loom, by time, is drawn to a more general signification, than it,
at  the   first,  did   bear,  comprehending  all  implements  of
household;  as, tables, presses, cupboards, bedsteads, wainscots,
and which,  by the custom of some countries, having belonged to a
house, are  never inventoried  after the decease of the owner, as
chattels, but  accrue to the heir, with the house itself minsheu.
The term  heir looms  is applied  to  those  chattels  which  are
considered as  annexed and  necessary  to  the  enjoyment  of  an

  2. They are chattels which, contrary to the nature of chattels,
descend to  the heir, along with the inheritance, and do not pass
to the  executor of  the last  proprietor. Charters,  deeds,  and
other evidences  of the  title of the land, together with the box
or chest  in which  they are contained;  the keys of a house, and
fish in a fish pond, are all heir looms. 1 Inst. 3 a;  Id. 185 b;
7 Rep.  17 b;  Cro. Eliz. 372;  Bro. Ab. Charters, pl. 13;  2 Bl.
Com. 28;  14 Vin. Ab. 291.

  HEIR PRESUMPTIVE. A presumptive heir is one who, in the present
circumstances, would  be entitled  to the  inheritance, but whose
rights may  be defeated  by the  contingency of  some nearer heir
being born.  2 B1 Com. 208. In Louisiana, the presumptive heir is
he who  is the  nearest relation  of  the  deceased,  capable  of
inheriting. This  quality is  given to  him before the decease of
the person  from whom  he is  to inherit,  as well  as after  the
opening of the succession, until he has accepted or renounced it.
Civ. Code of Lo. art. 876.

   HEIR, TESTAMENTARY,  civil law. A testamentary heir is one who
is constituted  heir by testament executed in the form prescribed
by law.  He is so called to distinguish him from the legal heirs,
who  are  called  to  the  succession  by  the  law;    and  from
conventional heirs,  who are  so constituted  by a contract inter
vivos. See Haeres factus;  Devisee.

          Bouvier's Law Dictionary : H1 : Page 17 of 37

   HEIR, UNCONDITIONAL.  A term used in the civil law, adopted by
the Civil  Code of  Louisiana. Unconditional  heirs are those who
inherit without  any reservation, or without making an inventory,
whether their  acceptance be  express or  tacit. Civ. Code of Lo.
art. 878.

   HEIRESS. A  female heir  to  a  person  having  an  estate  of
inheritance. When  there  is  more  than  one,  they  are  called
co-heiresses, or co-heirs.

   HEPTARCHY, Eng.  law. The  name of  the kingdom  or government
established by  the Saxons,  on their establishment in Britain so
called because  it was  composed of seven kingdoms, namely, Kent,
Essex, Sussex, Wessex, East Anglia, Mercia, and Northumberland.

   HERALDRY, civil  and canon law. The art or office of a herald.
It is the art, practice, or science of recording genealogies, and
blazoning arms  or ensigns  armorial. It  also  teaches  whatever
relates to  the marshaling  of cavalcades, processions, and other
public ceremonies.  Encyc.;  Ridley's View of the Civil and Canon
Law, pt. 2, c. 1, §6.

   HERBAGE, English Law, A species of easement, which consists in
the right to feed one's cattle on another man's ground.

  HEREDITAMENTS, estates. Anything capable of being inherited, be
it  corporeal  or  incorporeal,  real,  personal,  or  mixed  and
including not  only lands  and everything  thereon, but also heir
looms, and certain furniture which, by custom, may descend to the
heir, together  with the  land. Co.  Litt. 5 b;  1 Tho. Co. Litt.
219;  2 Bl. Com. 17. By this term such things are denoted, as may
be the  subject-matter of  inheritance, but  not the  inheritance
itself;  it cannot therefore, by its own intrinsic force, enlarge
an estate,  prima facie a life estate, into a fee. 2 B. & P. 251;
8 T. R. 503;  1 Tho. Co. Litt. 219, note T.

   2. Hereditaments  are divided  into corporeal and incorporeal.
Corporeal hereditaments  are confined  to  lands.  (q.  v.)  Vide
Incorporeal hereditaments,  and Shep. To. 91;  Cruise's Dig. tit.
1, s. 1;  Wood's Inst. 221;  3 Kent, Com. 321;  Dane's Ab. Index,
h.t.;  1 Chit. Pr. 203-229;  2 Bouv. Inst. n. 1595, et seq.

  HEREDITARY. That which is inherited.

   HERESY, Eng.  law. The  adoption of  any  erroneous  religious
tenet, not warranted by the established church.

  2. This is punished by the deprivation of certain civil rights,
and by fine and imprisonment. 1 East, P. C. 4.

   3. In  other countries  than England,  by heresy  is meant the
profession, by  Christians, of religious opinions contrary to the
dogmas approved  by the  established  church  of  the  respective
countries. For  an account of the origin and progress of the laws
against heresy,  see Giannoni's  Istoria di  Napoli, vol.  3, pp,
250, 251, &c.

          Bouvier's Law Dictionary : H1 : Page 18 of 37

   4. in  the United  State,  happily,  we  have  no  established
religion;   there  can,  therefore,  be  no  legal  heresy.  Vide
Apostacy;  Christianity.

   HERISCHILD. A species of English military service, or knight's

   HERIOTS, Eng.  law. A render of the best beast or other goods,
as the  custom may be, to the lord, on the death of the tenant. 2
Bl. Com. 97.

  2. They are usually divided into two sorts, heriot service, and
heriot custom;   the  former are  such as  are due upon a special
reservation in  the grant or lease of lands, and therefore amount
to little  more than  a mere  rent;   the latter  arise  upon  no
special reservation whatsoever, but depend merely upon immemorial
usage and  custom. These are defined to be a customary tribute of
goods and  chattels, payable  to the  lord of  the  fee,  on  the
decease of  the owner of the land. 2 Bl. Com. 422. Vide Com. Dig.
Copyhold, K 18;  Bac. Ab. h. t.;  2 Saund. lndex, h. t.;  1 Vern.

   HERITAGE. By  this word  is understood,  among the  civilians,
every species  of immovable which can be the subject of property,
such as  lands, houses,  orchards, woods, marshes, ponds, &c., in
whatever mode  they may  have been acquired, either by descent or
purchase. 3  Toull. 472.  It is  something that can be inherited.
Co. Litt. s. 731.

   HERMAPHRODITES. Persons  who have  in the  sexual  organs  the
appearance of  both sexes.  They are  adjudged to  belong to that
which prevails in them. Co. Litt. 2, 7;  Domat, Lois Civ. liv. 1,
t. 2, s. 1, n.. 9.

   2. The  sexual characteristics in the human species are widely
separated, and  the two  sexes are  never, perhaps, united in the
same individual.  2 Dunglison's Hum. Physiol. 304;  1 Beck's Med.
Jur. 94 to 110.

    3.  Dr.  William  Harris,  in  a  lecture  delivered  to  the
Philadelphia Medical Institute, gives an interesting account of a
supposed hermaphrodite  who came  under his  own  observation  in
Chester  county,   Pennsylvania.  The   individual   was   called
Elizabeth, and  till the  age of eighteen, wore the female dress,
when she  threw it  off, and  assumed the  name of Rees, with the
dress and  habits of a man;  at twenty-five, she married a woman,
but had  no children.  Her clitoris  was five or six inches long,
and in  coition, which she greatly enjoyed, she used this instead
of the male organ. She lived till she was sixty years of age, and
died in  possession of  a large estate, which she had acquired by
her industry  and enterprise.  Medical Examiner, vol. ii. p, 314.
Vide 1  Briand, M‚d.  L‚g. c.  2, art.  2 ,  §2, n. 2;  Dict. des
Sciences M‚d.  art. Hypospadias,  et art. Impuissance;  Guy, Med.
Jur. 42, 47.

          Bouvier's Law Dictionary : H1 : Page 19 of 37

   HIDE, measures.  In England, a hide of land, according to some
ancient-manuscripts, contained  one hundred and twenty acres. Co.
Litt. 5;  Plowd. 167;  Touchst. 93.

   HIERARCHY, eccl. law. A hierarchy signified, originally, power
of the  priest;   for in  the beginning of societies, the priests
were  entrusted  with  all  the  power  but,  among  the  priests
themselves, there  were different degrees of power and authority,
at the  summit of  which was  the sovereign pontiff, and this was
called the  hierarchy. Now it signifies, not so much the power of
the priests as the border of power.

   HIGH. This  word has  various signifcations:   1. Principal or
chief, as  high constable,  high sheriff.  2. Prominent, in a bad
sense, as high treason. 3. Open, not confined, as high seas.

   HIGH CONSTABLE. An officer appointed in some cities bears this
name. His  powers are generally Iimited to matters of police, and
are  not   more  extensive   in  these  respects  than  those  of
constables. (q. v.)

   HIGH COURT  OF DELEGATES,  English law.  The name  of a  court
esthlished by  stat. 25  Hen. VIII.  c. 19,  s. 4.  No  permanent
judges are  appointed, but in every case of appeal to this court,
there issues  a special commission, under the great seal of Great
Britain, directed  to such  persons as  the lord chancellor, lord
keeper, or  lords commissioners  of the  great seal, for the time
being, shall think fit to appoint to bear and determine the same.
The persons  usually appointed, are three puisne judges, one from
each court  of common  law, and  three or more civilians;  but in
special  cases,   a  fuller   commission  is   sometimes  issued,
consisting of  spiritual and temporal peers, judges of the common
law, and  civilians, three  of each  description. In  case of the
court being  equally divided, or no common law judge forming part
of the  majority, a  commission of  adjuncts  issues,  appointing
additional judges  of the same description. 1 Hagg. Eccl. R. 384;
2 Hagg. Eccl. R. 84;  3 Hagg. Ecel. R. 471;  4 Burr. 2251.

   HIGH SEAS.  This term, which is frequently used in the laws of
the United  States signifies  the unenclosed waters of the ocean,
and also  those waters  on the  sea coast  which are  without the
boundaries of  low water mark. 1 Gall. R. 624;  5 Mason's R. 290;
1 Bl. Com. 110;  2 Haze. Adm. R. 398;  Dunl. Adm. Pr. 32, 33.

   2. The Act of Congress of April 30 1790, s. 8, 1 Story'S L. U.
S. 84,  enacts, that  if any  person shall  commit upon  the high
seas, or  in  any  river,  haven,  basin,  or  bay,  out  of  the
jurisdiction of  any particular  state, murder,  &c.,  which,  if
committed within  the body of a county, would, by the laws of the
United States,  be punishable  with death,  every such  offender,
being thereof  convicted, shall  suffer death  and the  trial  of
crimes committed  on the  high seas,  or in  any place out of the
jurisdiction of  any particular  state, shall  be in the district
where the  offender is apprehended, or into which he may first be
brought. See 4 Dall. R. 426;  3 Wheat. R. 336;  5 Wheat 184, 412;
3 W.  C. C.  R. 515;   Serg.  Const. Law, 334;  13 Am. Jur. 279 1
Mason, 147, 152;  1 Gallis. 624.

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   HIGH TREASON,  English  law.  Treason  against  the  king,  in
contradistinction with  petit treason,  which is the treason of a
servant towards  his master;   a  wife towards  her hushand;    a
secular or  religious man against his prelate. See Petit treason;

  HIGH WATER MARK. That part of the shore of the sea to which the
waves ordinarily reach when he tide is at its highest. 6 Mass. R.
435;   1 Pick.  R. 180;   1  Halst. R. 1;  1 Russ. on Cr. 107;  2
East, P. C. 803. Vide Sea shore;  Tide.

   HIGHEST BIDDER,  contracts. He  who, at an auction, offers the
greatest price for the property sold.

   2. The  highest bidder is entitled to have the article sold at
his bid,  provided there  has been  no unfairness  on his part. A
distinction has  been made  between  the  highest  and  the  best
bidder. In  judicial sales, where the highest bidder is unable to
pay, it  is said  the sheriff  may offer the property to the next
highest, who  will pay,  and he  is considered  the highest  best
bidder. 1 Dall. R. 419.

   HIGHWAY. A  passage or road through the country, or some parts
of it,  for the use of the people. 1 Bouv. Inst. n. 442. The term
highway is  said to  be a  generic name  for all  kinds of public
ways. 6 Mod R, 255.

   2. Highways  are universally  laid out by public authority and
repaired at the public expense, by direction of law. 4 Burr. Rep.

   3. The  public have  an easement  over a highway, of which the
owner of the land cannot deprive them;  but the soil and freehold
still remain  in the  owner, and  he may  use the  land above and
below consistently  with the  easement. He may, therefore, work a
mine, sink  a drain  or water  course, under  the highway, if the
easement remains  unimpaired. Vide  Road;   Street;   Way;  and 4
Vin. Ab.  502;   Bac. Ab.  h. t.;   Com. Dig. Chemin;  Dane's Ab.
Index, h.  t.;   Egremont on  Highways;  Wellbeloved on Highways;
Woolrych on  Ways;  1 N. H. Rep. 16;  1 Conn. R. 103;  1 Pick. R.
122;   1 M'Cord's  R. 67;   2  Mass. R.  127;  1 Pick. R. 122;  3
Rawle, R.  495;   15 John.  R. 483;  16 Mass. R. 33;  1 Shepl. R.
250;  4 Day, R. 330;  2 Bail. R. 271;  1 Yeates, Rep. 167.

  4. The owners of lots on opposite sides of a highway, are prima
facie owners,  each of one half of the highway,, 9 Serg. & Rawle,
33;  Ham. Parties, 275;  Bro. Abr. Nuisance, pl. 18 and the owner
may recover the possession in ejectment, and have it delivered to
him, subject  to the  public easement. Adams on Eject. 19, 18;  2
Johns. Rep. 357;  15 Johns. Rep. 447;  6 Mass. 454;  2 Mass. 125.

   5. If  the highway is impassable, the public have the right to
pass over  the adjacent  soil;   but this rule does not extend to
private ways, without an express grant. Morg. Vad. Mec. 456-7;  1
Tho. Co.  Lit. 275;   note 1 Barton, Elem. Conv. 271;  Yelv. 142,
note 1.

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   HIGHWAYMAN. A robber on the highway.

   HILARY TERM,  Eng. law.  One of  the four terms of the courts,
beginning the  11th and  ending the  31st day  of January in each

   HIGLER, Eng.  law. A person who carries from door to door, and
sells by retail, small articles of provisions, and the like.

   HIRE, contracts.  A bailment,  where a  compensation is  to be
given for  the use of a thing, or for labor or services about it.
2 Kent's  Com. 456;   1  Bell's Com. 451;  Story on Bailim. §369;
see 1  Bouv. Inst.  n. 980,  et seq;  Pothier, Contrat de Louage,
ch. 1,  n. 1;  Domat, B. 1, tit. 4 §1, n. 1 Code Civ. art.. 1709,
1710;   Civ. Code  of Lo., art. 2644, 2645. See this Dict. Hirer;

   2. The  contract of letting and hiring is usually divided into
two kinds;    first,  Locatio,  or  Locatio  conductio  rei,  the
bailment of  a thing  to be used by the hirer, for a compensation
to be paid by him.

   3. Secondly,  Locatio operis,  or the  hire of  the labor  and
services of  the hirer,  for a  compensation to  be paid  by  the

  4. And this last kind is again subdivided into two classes:  1.
Locatio operis  faciendi, or  the hire  of labor  and work  to be
done, or  care and  attention to  be bestowed on the goods let by
the hirer, for a compensation;  or,

   5. -  2. Locatio  operis mercium  vehendarum, or  the hire and
carriage of  goods from one place to another, for a compensation.
Jones' Bailm.  85, 86,  90, 103,  118;   2 Kent's Com. 456;  Code
Civ. art. 1709, 1710, 1711.

  6. This contract arises from the principles of natural law;  it
is voluntary,  and founded  in consent;   it  involves mutual and
reciprocal obligations;   and  it is  for mutual benefit. In some
respects it  bears a  strong resemblance to the contract of sale,
the principal  difference between  them being,  that in  cases of
sale, the owner, parts with the whole proprietary interest in the
thing;   and in cases of hire, the owner parts with it only for a
temporary use  and purpose.  In a  sale, the  thing itself is the
object of  the contract;   in hiring, the use of the thing is its
object. Vinnius, lib. 3, tit. 25, in pr.;  Pothier, Louage, n. 2,
3, 4;  Jones Bdilm. 86;  Story on Bailm. §371.

   7. Three  things are  of the essence of the contract:  1. That
there should  be a thing to be let. 2. A price for the hire. 3. A
contract possessing  a legal  obligation. Pothier,  Louage, n. 6;
Civ. Code of Lo. art. 2640.

   8. There is a species of contract in which, though no price in
money be  paid, and which, strictly speaking, is not the contract
of hiring,  yet partakes  of its nature. According to Pothier, it

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is an  agreement which  must be classed with contracts do ut des.
(q. v.)  It frequently  takes place  among  poor  people  in  the
country. He  gives the  following example:   two  poor neighbors,
each owning  a horse,  and desirous  to plough  their  respective
fields, to  do which  two horses are required, one agrees that he
will let  the other  have his  horse for  a particular  time,  on
condition that  the latter will let the former have his horse for
the same length of time. Du Louage n. 458. This contract is not a
hiring, strictly speaking, for want of a price;  nor is it a loan
for use,  because there  is to  be  a  recompense.  It  has  been
supposed to  be a  partnership;   but it  is different  from that
contract, because there is no community of profits. This contract
is, in  general, ruled  by, the  same principles which govern the
contract of hiring. 19 Toull. n. 247.

   9. Hire  also, means  the price given for the use of the thing
hired;   as, the  hirer is  bound to  pay the hire or recompense.
Vide Domat.  liv. 1,  tit. 4;   Poth.  Contrat de Louage;  Toull.
tomes 18,  19, 20;   Merl. R‚pert. mot Louage;  Dalloz, Dict. mot
Louage;  Argou, Inst. liv. 3, c. 27.

   HIRER, contracts. Called, in the civil law, conductor, and, in
the French  law conducteur, procureur, locataire, is he who takes
a thing  from  another,  to  use  it,  and  pays  a  compensation
therefor. Wood's  Inst. B.  3, c. 5, p. 236;  Pothier, Louage, n.
1;   Domat, B.  1, tit. 4, §1, n. 2;  Jones' Bailm. 70;  see this
Dict. Letter.

   2. There  is, on the part of the hirer, an implied obligation,
not only to use the thing with due care and moderation but not to
apply it  to any  other use than that for which it is hired;  for
example, if  a horse  is hired as a saddle, horse;  the hirer has
no right  to use  the horse in a cart, or to carry loads, or as a
beast of  burden. Pothier  Louage, n.  189;  Domat, B. 1, tit. 4,
§2, art.  2, 3;   Jones' Bailm. 68, 88;  2 Saund. 47 g, and note;
1 Bell's  Com. 454;   1  Cowen's R.  322;   1 Meigs, R. 459. If a
carriage and  horses are  hired to  go from  Philadelphia to  New
York, the  hirer has  no right  to go  with them  on a journey to
Boston. Jones' Bailm. 68;  2 Ld. Raym. 915. So, if they are hired
for a  week, he  has no  right to  use them  for a  month, Jones'
Bailm. 68;   2  Ld. Raym.  915;  5 Mass. 104. And if the thing be
used for  a different purpose from that which was intended by the
parties, or  in a  different manner,  or for a longer period, the
hirer is  not only  responsible for  all damages,  but if  a loss
occur, although  by inevitable  casualty, he  will be responsible
therefor. 1  Rep. Const. C. So. Car. 121;  Jones' Bailm. 68, 121;
2 Ld.  Raym. 909,  917. In  short, such  a misuser  is  deemed  a
conversion of  the  property,  for  which  the  hirer  is  deemed
responsible. Bac.  Abr. Bailment,  C;   Id. Trover,  C, D,  E;  2
Saund. 47 g;  2 Bulst. 306, 309.

   3. The  above rules  apply to  cases where  the hirer  has the
possession as  well as  the use of the thing hired when the owner
or his  agents retain the possession, the hirer is not in general
responsible for  an injury  done to  it. For  example,  when  the
letter of  a carriage  and a  pair of horses sent his driver with
them and  an injury  occurred, the  hirer  was  held  not  to  be

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responsible. 9  Watts, R. 556, 562;  5 Esp. R. 263;  Poth. Louage
n. 196;  Jones, Bailm. 88;  Story., Bailm. §403. But see 1 Bos. &
P. 404, 409;  5 Esp. N. P. c 35;  10 Am. Jur. 256.

   4. Another  implied obligation  of the hirer is to restore the
thing hired,  when the  bailment, is  determined. 4 T. R. 260;  3
Camp. 5, n.;  13 Johns. R. 211.

   5. The  time, the  place, and  the mode  of restitution of the
thing hired,  are governed  by the  circumstances  of  each  case
depend and  depend upon  rules of presumption of the intention of
the parties,  like those  in other  cases of  bailment. Story  on
Bailm.  §415

   6. There  is also  an implied  obligation on  the part  of the
hirer, to  pay the  hire or  recompense. Pothier, Louage, n. 134;
Domat, B. 2, tit. 2, §2, n. 11 Code Civ;  art. 1728.

   See, generally, Bouv. Inst. Index, h. t.;  Employer;  Letter.

     HIS  EXCELLENCY.  A  title  given  by  the  constitution  of
Massaebusetts to  the governor  of that commonwealth. Const. part
2, c.  2, s.  1, art.  1. This  title is customarily given to the
governors of  the  other  states,  whether  it  be  the  official
designation in their constitutions and laws or not.

   HIS HONOR.  A title given by the constitution of Massachusetts
to the lieu- tenant governor of that commonwealth. Const. part 2,
c. 2,  s. 2,  art. 1.  It, is  also  customarily  given  to  some
inferior magistrates, as the mayor of a city.

   HISTORY, evidence.  The recital of facts written and given out
for true.

   2. Facts  stated in  histories may be read in evidence, on the
ground of  their notoriety.  Skin. R.  14;   1 Ventr. R. 149. But
these facts  must be  of a  public nature, and the general usages
and customs  of the  country. Bull.  P. 248;   7  Pet. R. 554;  1
Phil. &  Am. Ev. 606;  30 Howell's St. Tr. 492. Histories are not
admissible in relation to matters not of a public nature, such as
the custom  of a  particular town, a descent, the boundaries of a
county, and  the like.  1 Salk. 281;  S. C. Skin. 623;  T. Jones,
164;  6 C. & P. 586, note. See 9 Ves. 347;  10 Ves. 354;  3 John.
385;  1 Binn. 399;  and Notoriety.

   HODGE-PODGE ACT.  A name  given to  a  legislative  act  which
embraces many  subjects. Such  acts, besides being evident proofs
of the  ignorance of the makers of them, or of their want of good
faith, are  calculated to  create a  confusion  which  is  highly
prejudicial to  the  interests  of  justice.  Instances  of  this
wretched legislation  are everywhere  to be found. See Barring on
the Stat. 449. Vide Title;  Legislation.

  HOERES FACTUS, civil law. An heir instituted by testament;  one
made an heir by the testator. Vide Heir.

   HOERES NATUS,  civil law. An heir by intestacy;  he on whom an
estate descends by operation of law. Vide Heir.

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  HOGSHEAD. A measure of wine, oil, and the like, containing half
a pipe;  the fourth part of a tun, or sixty-three gallons.

   TO HOLD. These words are now used in a deed to express by what
tenure the  grantee  is  to  have  the  land.  The  clause  which
commences with these words is called the tenendum. Vide Habendum;

   2. To  hold, also means to decide, to adjudge, to decree;  as,
the court  in that  case held that the hushand was not liable for
the contract  of the  wife, made  without his  express or implied

   3. It  also signifies to bind under a contract, as the obligor
is held  and firmly  bound. In  the constitution  of  the  United
States, it  is provided,  that no person held to service or labor
in one  state under  the laws  thereof,  escaping  into  another,
shall, in  consequence of  any  law  or  regulation  therein,  be
discharged from  such service or labor, but shall be delivered up
on the  claim of  the party  to whom such service or labor may be
due. Art.  4, sec. 3, §3;  2 Serg. & R. 306;  3 Id. 4;  5 Id. 52;
1 Wash. C. C. R. 500;  2 Pick. 11;  16 Pet. 539, 674.

   HOLDER. The  holder of a bill of exchange is the person who is
legally in  the  possession  of  it,  either  by  endorsement  or
delivery, or  both, and  entitled to  receive payment either from
the drawee or acceptor, and is considered as an assignee. 4 Dall.
53. And  one who endorses a promissory note for collection, as an
agent,  will   be  considered  the  holder  for  the  purpose  of
transmitting notices.  2 Hall,  R. 112;   6  How. U.  S. 248;  20
John. 372. Vide Bill of Exchange.

   HOLDING OVER.  The act  of keeping  possession by  the tenant,
without the consent of the landlord of premises which the latter,
or those  under whom  he claims,  had leased to the former, after
the term has expired.

  2. When a proper notice has been given, this injury is remedied
by,  ejectment,   or,  under   local  regulations,   by   summary
proceedings. Vide  2 Yeates'  R. 523;   2  Serg. & Rawle, 486;  5
Binn. 228;   8  Serg. &  Rawle, 459;  1 Binn. 334, a.;  5 Serg. &
Rawle 174;  2 Serg. & Rawle, *50;  44 Rawle, 123.

   HOLOGRAPH. What  is written  by one's  own hand.  The same  as
Olograph. Vide Olograph.

   HOMAGE, Eng.  law. An acknowledgment made by the vassal in the
presence of his lord, that he is his man, that is, his subject or
vassal. The form in law French was, Jeo deveigne vostre home.

   2. Homage  was liege  and feudal.  The former  was paid to the
king, the  latter to  the lord.  Liege,  was  borrowed  from  the
French, as  Thaumas informs us, and seems to have meant a service
that was  personal and  inevitable. Houard,  Cout. Anglo  Norman,
tom. 1, p. 511;  Beames;  Glanville, 215, 216, 218, notes.

          Bouvier's Law Dictionary : H1 : Page 25 of 37

  HOME PORT. The port where the owner of a ship resides;  this is
a relative term.

  HOMESTALL. The mansion-house.

  HOMESTEAD. The place of the house or home place. Homestead farm
does not necessarily include all the parcels of land owned by the
grantor, though  lying and  occupied together.  This depends upon
the intention  of the  parties when  the term  is mentioned  in a
deed, and  is to  be gathered from the context. 7 N. H. Rep. 241;
15 John. R. 471. See Manor;  Mansion.

  HOMICIDE, crim. law. According to Blackstone, it is the killing
of any  human creature.  4 Com.  177. This  is the most extensive
sense of this word, in which the intention is not considered. But
in a more limited sense, it is always understood that the killing
is by human agency, and Hawkins defines it to be the killing of a
man by  a man.  1 Hawk.  c. 8,  s. 2.  See Dalloz,  Dict.  h.  t.
Homicide may  perhaps be  described to  be the destruction of the
life of  one human  being, either  by himself,  or  by  the  act,
procurement, or  culpable omission of another. When the death has
been intentionally  caused by  the deceased himself, the offender
is called  felo de  se;   when it  is caused  by another,  it  is
justifiable, excusable, or felonious.

   2. The  person killed must have been born;  the killing before
birth is balled foeticide. (q. v.)

   3. The destruction of human life at any period after birth, is
homicide, however  near it  may be  to extinction, from any other

   4. -  1. Justifiable  homicide is  such as  arises, 1st.  From
unavoidable necessity, without any will, intention or desire, and
without any  inadvertence in  the party  killing,  and  therefore
without blame;   as,  for instance,  the execution,  according to
law, of  a criminal  who has been lawully sentenced to be hanged;
or, 2d.  It is  committed for  the advancement of public justice;
as if  an officer,  in the lawful execution of his office, either
in a  civil or  criminal case,  should kill a person who assaults
and resists him. 4 Bl. Com. 178-1 80. See Justifiable Homicide.

   5. -  2. Excusable  homicide is of two kinds 1st. Homicide per
infortunium. (q.  v.) or, 2d. Se defendendo, or self defence. (q.
v.) 4 Bl. Com. 182, 3.

   6. - 3. Felonious homicide, which includes, 1. Self-murder, or
suicide;   2. Man-slaughter,  (q. v.);   and , 3. Murder. (q. v.)
Vide, generally,  3 Inst.  47 to 57;  1 Hale P. C. 411 to 602;  1
Hawk. c.  8;   Fost. 255 to 837;  1 East, P. C. 214 to 391;  Com.
Dig. Justices,  L. M.;   Bac.  Ab. Murder  and Homicide;   Burn's
Just. h.  t.;   Williams' Just.  h. t.;   2 Chit. Cr. Law, ch. 9;
Cro. C.  C. 285  to 300;   4 Bl. Com. to 204;  1 Russ. Cr. 421 to
553;  2 Swift's Dig. 267 to 292.

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   HOMINE CAPTO  IN WITHERNAM,  Engl. law..  The name  of a  writ
directed to  the sheriff,  and commanding him to take one who has
taken any  bondsman, and conveyed him out of the country, so that
he cannot be replevied. Vide Withernam;  Thesaurus, Brev. 63.

   HOMINE ELIGENDO, English law. The name of a writ directed to a
corporation, requiring  the members  to make choice of a new man,
to keep  the one  part of a seal appointed for statutes merchant.
Techn. Dict. h. t.

  HOMINE REPLEGIANDO. When a man is unlawfully in custody, he may
be restored  to his  liberty by  writ de homine replegiando, upon
giving bail;   or  by a writ of habeas, corpus, which is the more
usual remedy. Vide Writ de homine replegiando.

   HOMO. This  Latin word,  in its  most enlarged sense, includes
both man and woman. 2 Inst. 45. Vide Man.

   HOMOLOGATION, civil  law. Approbation, confirmation by a court
of justice,  a judgment  which orders  the execution of some act;
as, the  approbation of  an award,  and ordering execution on the
same. Merl.  Rep‚rt. h.  t.;   Civil Code of Louis. Index, h. t.;
Dig. 4,  8;   7 Toull. n. 224. To homologate, is to say the like,
similiter dicere. 9 Mart. L. R. 324.

  HONESTY. That principle which requires us to give every one his
due. Nul ne doit slenrichir aux de ens du droit d'autrui.

   2. The  very object of social order is to promote honesty, and
to restrain  dishonesty;  to do justice and to prevent injustice.
It is  no less a maxim of law than of religion, do unto others as
you wish to be done by.

   HONOR.  High  estimation.  A  testimony  of  high  estimation.
Dignity. Reputation.  Dignified respect  of  character  springing
from probity,  principle, or  moral  rectitude.  A  duel  is  not
justified by  any insult  to our honor. Honor is also employed to
signify integrity  in a judge, courage in a soldier, and chastity
in a  woman. To  deprive a  woman of her honor is, in some cases,
punished as  a public wrong, and by an action for the recovery of
damages done  to the  relative rights  of a  hushand or a father.
Vide Criminal conversation.

   2. In England, when a peer of parliament is sitting judicially
in that body, his pledge of honor is received instead of an oath;
and  in   courts  of  equity,  peers,  peeresses,  and  lords  of
parliament, answer  on their honor only. But the courts of common
law know  no such  distinction. It is needless to add, that as we
are not encumbered by a nobility, there is no such distinction in
the United States, all persons being equal in the eye of the law.

   HONOR, Eng. law. The seigniory of a lord paramount. 2 Bl. Com.

   TO HONOR,  contr. To accept a bill of exchange;  to pay a bill
accepted, or  a promissory  note, on  the day  it becomes  due. 7
Taunt. 164;  1 T. R. 172. Vide To Dishonor.

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   HONORARIUM. A  recompense for services rendered. It is usually
applied only to the recompense given to persons whose business is
connected with science;  as the fee paid to counsel.

   2. It is said this honorarium is purely voluntary, and differs
from a  fee, which  may be  recovered by action. 5 Serg. & Rawle,
412;   3 Bl.  Com. 28;   1 Chit. Rep. 38;  2 Atk. 332;  but see 2
Penna. R.  75;   4 Watts'  R. 334.  Vide Dalloz, Dict. h. t., and
Salary. See Counsellor at law.

   HORS DE  SON FEE,  pleading in  the ancient English law. These
words signify  out of  his fee.  A plea which was pleaded, when a
person who  pretended to  be the lord, brought an action for rent
services, as  issuing out  of his land:  because if the defendant
could prove  the land was out of his fee, the action failed. Vide
9 Rep. 30;  2 Mod. 104;  1 Danvers' Ab. 655;  Vin. Ab. h. t.

   HORSE. Until a horse has attained the age of four years, he is
called a  colt. (q.  v.) Russ.  & Ry. 416. This word is sometimes
used as a generic name for all animals of the horse kind. 3 Brev.
9. Vide Colt;  Gender;  and Yelv. 67, a.

   HOSTAGE. A  person delivered  into the  possession of a public
enemy in  the time of war, as a security for the performance of a
contract entered into between the belligerents.

   2. Hostages are frequently given as a security for the payment
of a  ransom bill,  and if they should die, their death would not
discharge the  contract. 3 Burr. 1734;  1 Kent, Com. 106;  Dane's
Ab. Index, h. t.

   HOSTELLAGIUM, Engl.  law. A  right reserved to the lords to be
lodged and entertained in the houses of their tenants.

   HOSTILITY. A state of open enmity;  open war. Wolff, Dr. de la
Rat.  §1191.   Hostility,  as  it  regards  individuals,  may  be
permanent or temporary;  it is permanent when the individual is a
citizen or  subject of  the government at war, and temporary when
he happens  to be  domiciliated or resident in the country of one
of the  belligerents;   in this  latter case  the individual  may
throw  off  the  national  character  he  has  thus  acquired  by
residence, when he puts himself in motion, bona fide, to quit the
country sine  animo revertendi. 3 Rob. Adm. Rep. 12;  3 Wheat. R.

   2. There  may be  a hostile  character merely as to commercial
purposes, and  hostility may  attach only  to  the  person  as  a
temporary enemy,  or it  may attach  only to  the property  of  a
particular description.  This hostile  character in  a commercial
view, or  one limited  to certain intents and purposes only, will
attach in,  consequence of having possessions in the territory of
the enemy, or by maintaining a commercial establishment there, or
by a  personal residence,  or, by particular modes of traffic, as
by sailing  under the  enemy's flag  of passport. 9 Cranch, 191 5
Rob. Adm.  Rep. 21,  161;   1 Kent Com. 73;  Wesk. on Ins. h. t.;
Chit. Law of Nat. Index, h. t.

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   HOTCHPOT, estates.  This homely  term is  used figuratively to
signify the  blending and  mixing property belonging to different
persons, in  order to  divide it  equally among those entitled to
it. For  example, if  a man  seised of  thirty acres of land, and
having two children, should, on the marriage of one of them, give
him ten  acres of  it, and  then  die  intestate  seised  of  the
remaining twenty;   now,  in order  to obtain  his portion of the
latter, the  married child,  must bring  back the  ten  acres  he
received, and  add it  to his  father's  estate,  when  an  equal
division of  the whole  will take  place, and each be entitled to
fifteen acres.  2 Bl. Com. 190. The term hotchpot is also applied
to bringing  together all  the personal  estate of  the deceased,
with the  advancements he has made to his children, in order that
the same  may be  divided agreeably  to  the  provisions  of  the
statute for  the distribution of intestate's estates. In bringing
an advancement  into hotchpot,  the  donee  is  not  required  to
account for  the profits  of the thing given;  for example, he is
not required  to bring  into hotchpot the produce of negroes, nor
the interest  of money. The property must be accounted for at its
value when given. 1 Wash. R. 224;  17 Mass. 358;  2 Desaus. 127.;
3 Rand.  R. 117;   3  Pick. R.  450;  3 Rand. 559;  Coop. Justin.

  2. In Louisiana the term collation is used instead of hotchpot.
The collation of goods is the supposed or real return to the mass
of the  succession, which  an heir  makes of  property  which  he
received in advance of his share or otherwise, in order that such
property maybe  divided, together  with the  other effects of the
succession. Civ.  Code of  Lo. art.  1305;   and vide  from  that
article to  article 1367.  Vide, generally, Bac. Ab. Coparceners,
E;   Bac. Ab.  Executors, &c.,  K;   Com.  Dig.  Guardian,  G  2,
Parcener, C  4;   8 Com. Dig. App. tit. Distribution, Statute of,
III. For  the French  law,  see  Merl.  Rep‚rt.  mots  Rapport  a

   HOUR measure  of time.  The space  of sixty  minutes,  or  the
twenty-fourth part  of a  natural day. Vide Date;  Fraction;  and
Co. Litt. 135;  3 Chit. Pr. 110.

  HOUSE, estates. A place for the habitation and dwelling of man.
This word  has  several  significations,  as  it  is  applied  to
different things.  In a grant or demise of a house, the curtilage
and  garden   will  pass,   even  without  the  words  "with  the
appurtenances," being added. Cro. Eliz. 89;  S. C.;  3 Leon. 214;
1 Plowd. 171;  2 Saund. 401 note 2;  4 Penn. St. R;  93.

   2. In  a grant  or demise of a house with the appurtenaces, no
more, will pass, although other lands have been occupied with the
house. 1 P. Wms. 603;  Cro. Jac. 526;  2 Co. 32;  Co. Litt. 5 d.;
Id. 36 a. b.;  2 Saund. 401, note 2.

   3. If  a house,  originally entire,  be divided  into  several
apartments,  with   an  outer  door  to  each  apartment  and  no
communication with  each other subsists, in such case the several
apartments are considered as distinct houses. 6 Mod. 214;  Woodf.
Land. & Ten. 178.

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  4. In cases of burglary, the mansion or dwelling-house in which
the burglary  might be  committed, at  common  law  includes  the
outhouses, though  not under  the same  roof or  adjoining to the
dwelling-house provided they were within the curtilage, or common
fence, as  the dwelling  or mansion  house. 3  Inst. 64;  1 Hale,
558;   4 Bl.  Com. 225;   2  East, P. C. 493;  1 Hayw. N. C. Rep.
102, 142;  2 Russ. on Cr. 14.

   5. The  term house,  in case  of arson,  includes not only the
dwelling but all the outhouses, as in the case of burglary. It is
a maxim in law that every man's house is his castle, and there he
is entitled to perfect security;  this asylum cannot therefore be
legally invaded,  unless by  an officer  duly authorized by legal
process;   and this  process must  be of  a  criminal  nature  to
authorize the  breaking of an outer door;  and even with it, this
cannot be  done, until  after demand of admittance and refusal. 5
Co. 93;  4 Leon. 41;  T. Jones, 234. The house may be also broken
for the  purpose of  executing a writ of habere facias. 5 Co. 93;
Bac. Ab. Sheriff, N 3.

   6. The  house protects the owner from the service of all civil
process in  the first  instance, but  not if  he is once lawfully
arrested and he takes refuge in his own house;  in that case, the
officer may  pursue him  and break open any door for the purpose.
Foster, 320;  1 Rolle, R. 138;  Cro. Jac. 555;  Bac. Ab. ubi sup.
In the  civil law  the rule  was nemo  de domo sua extrahi debet.
Dig. 50,  17, 103. Vide, generally, 14 Vin. Ab. 315;  Yelv. 29 a,
n. 1;  4 Rawle, R. 342;  Arch. Cr. Pl. 251;  and Burglary.

   7. House  is used  figuratively to  signify  a  collection  of
persons, as  the house of representatives;  or an institution, as
the house of refuge;  or a commercial firm, as the house of A B &
Co. of New Orleans;  or a family, as, the house of Lancaster, the
house of York.

   HOUSE OF COMMONS, Eng. law. The representatives of the people,
in contradistinction to the nobles, taken collectively are called
the house of commons.

   2. This  house must  give its consent to all bills before they
acquire the  authority of  law, and  all laws for raising revenue
must originate there.

   HOUSE OF CORRECTIONS. A prison where offenders of a particular
class are  confined. The  term is  more common in England than in
the United States.

   HOUSE OF  LORDS. Eng.  law. The  English lords,  temporal  and
spiritual, when  taken collectively  and forming  a branch of the
parliament, are called the House of Lords.

   2. Its  assent is required to all laws. As a court of justice,
it tries all impeachments.

   HOUSE OF  REFUGE, punishment.  The name  given to a prison for
juvenile delinquents.  These houses  are regulated  in the United
Statees on the most humane principles, by special local laws.

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  HOUSE OF REPRESENTATIVES, government. The popular branch of the

   2. The  Constitution of  the United  States, art.  1, s. 2, 1,
provides, that "the house of representatives shall be composed of
members chosen  every second  year by  the people of, the several
states;    and  the  electors  of  each  state,  shall  have  the
qualifications requisite for electors of the most numerous branch
of the state legislature."

   3. The  general qualifications of electors of the assembly, or
most numerous  branch of  the legislature,  in the  several state
governments, are, that they be of the age of twenty-one years and
upwards, and  free resident  citizens of  the state in which they
vote, and  have paid  taxes:   several of the state constitutions
have  prescribed   the  same  or  higher  qualifications,  as  to
property, in the elected, than in the electors.

   4. The constitution of the United States, however, requires no
evidence of property in the representatives, nor any declarations
as to  his religious  belief. He  must be free from undue bias or
dependence, by  not holding  any office  under the United States.
Art. 1, s. 6, 2.

   5. By  the constitutions  of  the  several  states,  the  most
numerous branch  of the  legislature generally  bears the name of
the house  of representatives.  Vide Story on Constitution of the
United States, chap. 9 1 Kent's Com. 228.

  6. By the Act of June 22, 1842, c. 47, it is provided,

   §1. That  from and  after the third day of March, one thousand
eight hundred and forty-three, the house of representatives shall
be composed  of members  elected agreeably  to  a  ratio  of  one
representative for  every seventy thousand six hundred and eighty
persons in  each state,  and of one additional representative for
each state  having a fraction greater than one moiety of the said
ratio,  computed   according  to   the  rule  prescribed  by  the
constitution of  the United  States;  that is to say:  within the
state of  Maine, seven;  within the state of New Hampshire, four;
within the  state of  Massachusetts, ten;   within  the state  of
Rhode Island,  two within the state of Connecticut, four;  within
the state  of Vermont,  four;   within the  state  of  New  York,
thirty-four;   within the  state of New Jersey, five;  within the
state  of   Pennsylvania,  twenty-four;    within  the  state  of
Delaware, one;   within  the state  of Maryland, six;  within the
state of  Virginia, fifteen;  within the state of North Carolina,
nine;   within the  state of  South Carolina,  seven;  within the
state of  Georgia, eight;   within  the state  of Alabama, seven;
within  state   of  Louisiana,   four;     within  the  state  of
Mississippi, four;    within  the  state  of  Tennessee,  eleven;
within the  state of  Kentucky, ten;   within  the state of Ohio,
twenty-one;   within the state of Indiana, ten;  within the state
of Illinois,  seven;  within the state of Missouri, five;  within
the state of Arkansas, one;  within the State of Michigan, three.

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   7.- §2.  That in  every case where a state is entitled to more
than one  representative, the number to which each state shall be
entitled under  this apportionment shall be elected by districts.
composed of  contiguous territory,  equal in number to the number
of representatives  to which  said state  may be entitled, no one
district electing more than one representative.

   8. For  the constitutions  of the houses of representatives in
the several  states, the  reader is  referred to the names of the
states in this work. Vide Congress.

   HOUSE-BOTE. An  allowance  of  necessary  timber  out  of  the
landlord's woods,  for the  repairing and  support of  a house or
tenement. This belongs of common-right to any lessee for years or
for life.  House-bote is  said to  be of  two  kinds,  estoveriam
aedificandi et ardendi. Co. Litt. 41.
 HOUSEKEEPER. One who occupies a house.

   2. A  person who  occupies every  room in  the house,  under a
lease, except  one, which  is reserved for his landlord, who pays
all the  taxes, is  not a housekeeper. 1 Chit. Rep. 502. Nor is a
person a  housekeeper, who  takes a  house, which  be  afterwards
underlets to  another, whom the landlord refuses to accept as his
tenant;  in this case, the under-tenant aid the, taxes and let to
the tenant  the, first  floor of the house, and the rent was paid
for the  whole house  to the tenant, who paid it to the landlord.
Id. note.

   3. In  order to  make the  party a house-keeper, he must be in
actual possession of the house;  1 Chit. Rep. 288 and must occupy
a whole  house. 1 Chit. Rep. 316. See 1 Barn. & Cresw. 178;  2 T.
R. 406;   1  Bott, 5;   3 Petersd, Ab. 103, note;  2 Mart. Lo. R.

   HOVEL. A place used by hushandmen to set their ploughs, carts,
and other  farming utensils,  out of  the rain and sun. Law Latin
Dict. A shed;  a cottage;  a mean house.

  HOYMAN. The master or captain of a hoy.

  2. Hoymen are liable as common carriers. Story, Bailm. §496.

   HUE AND  CRY, Eng.  law. A mode of pursuing felons, or such as
have dangerously  wounded any  person, or  assaulted any one with
intent to rob him, by the constable, for the purpose of arresting
the offender. 2 Hale, P. C. 100.

   HUEBRA, Spanish  law. An  acre of  land or  as much  as can be
ploughed in a day by two oxen. Sp. Dict.;  2 White's Coll. 49.

   HUISSIER. An  usher of  a court. In France, an officer of this
name performs many of the duties which in this country devolve on
the sheriff or constable. Dalloz, Dict. h. t. See 3 Wend. 173.

     HUNDRED,  Eng.   law.  A   district  of  country  originally
comprehending one  hundred  families.  In  many  cases,  when  an
offence is  committed within  the -hundred,  the inhabitants tire
civilly responsible to the party injured.

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   2. This  rule was probably borrowed from the nations of German
origin, where  it was  known. Montesq. Esp. des Lois, ]iv. 30, c.
17. It  was established  by Clotaire, among the Franks. 11 Toull.
n. 237.

   3. To  make the  innocent pay  for the  guilty,  seems  to  be
contrary to the first principles of justice, and can be justified
only by  necessity. In  some of  the United States laws have been
passed making cities or counties responsible for, the destruction
of property  by a  mob. This  can be justified only on the ground
that it  is the  interest of  every one  that property  should be
protected, and  that it  is for the general good such laws should

   HUNDRED GEMOTE.  The name  of a court among the Saxons. It was
holden every  month, for  the benefit  of the  inhabitants of the

  HUNDREDORS. In England they are inhabitants of a local division
of a  county, who,  by several statutes, are held to be liable in
the cases  therein specified,  to make good the loss sustained by
persons within the hundred, by robbery or other violence, therein
also specified.  The principal  of these statutes are, 13 Edw. I.
st. 2, c. 1, s. 4;  28 Edw. III. c. 11;  27 Eliz. c. 13;  29 Car.
II. c. 7;  8 Geo. II. c. 16;  22 Geo. II. c. 24.

   HUNGER. The  desire for  taking food.  Hunger is no excuse for
larceny. 1  Hale, P.  C. 54;   4  Bl. Com. 31. But it is a matter
which applies itself strongly to the consciences of the judges in
mitigation of the punishment.

   2. When  a person  has died,  and it  is suspected he has been
starved to death, an examination of his body ought to be made, to
ascertain whether  or not  he died  of hunger.  The  signs  which
usually attend  death from hunger are the following:  The body is
much emaciated,  and  a  foetid,  acrid  odor  exhales  from  it,
although death  may have  been very  recent. The eyes are red and
open, which is not usual in other causes of death. The tongue and
throat are  dry, even  to aridity, and the stomach and intestines
are contracted  and empty. The gall bladder is pressed with bile,
and  this   fluid  is   found  scattered  over  the  stomach  and
intestines, so  as to  tinge them very extensively. The lungs are
withered, but  all the  other organs  are generally  in a healthy
state. The  blood vessels  are usually empty. Foder‚, tom. ii. p.
276, tom.  iii. p. 231;  2 Beck's Med. Jur. 52;  see Eunom. Dial.
2, §47, p. 142, and the note at p. 384.

  HUNTING.  The act of pursuing  and taking  wild animals;    the

   2. The  chase gives a kind of title by occupancy, by which the
hunter acquires  a  right  or  property  in  the  game  which  he
captures.  In   the  United  States,  the  right  of  hunting  is
universal, and  limited only  so far  as to  exclude hunters from
committing injuries to private property or to the public;  as, by
shooting on public roads. Vide Feroe naturae;  Occupancy.

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  HURDLE, Eng. law. A species of sledge, used to draw traitors to

  HUshAND, domestic relations. A man who has a wife.

   2. The hushand, as such, is liable to certain obligations, and
entitled  to   certain  rights,   which  will   be  here  briefly

   3. First,  of his obligations. He is bound to receive his wife
at his  home, and should furnish her with all the necessaries and
conveniences which  his fortune  enables him to do, and which her
situation requires;   but this does not include such luxuries as,
according to  her fancy,  she deems  necessaries;   vide  article
Cruelty, where this matter is considered. He is bound to love his
wife, and  to bear  with her  faults, and,  if possible,  by mild
means to  correct them  and he  is required to fulfil towards her
his marital  promise of  fidelity, and  can, therefore,  have  no
carnal connexion with any other woman, without a violation of his
obligations. As  he is  bound to govern his house properly, he is
liable for  its misgovernment, and he may be punished for keeping
a disorderly house, even where his wife had the principal agency,
and he  is liable  for her torts, as for her slander or trespass.
He  is   also  liable  for  the  wife's  debts,  incurred  before
coverture, provided  they are  recovered from  him  during  their
joint lives;   and  generally for  such as  are contracted by her
after coverture, for necessaries, or by his authority, express or
implied. See  5 Whart.  395;  5 Binn. 235;  1 Mod. 138;  5 Taunt.
356;  7 T. R. 166;  3 Camp. 27;  3 B. & Cr. 631;  5 W. & S. 164.
 4.  Secondly, of  his rights.  Being the head of the family, the
hushand has  a right to establish himself wherever he may please,
and in  this he  cannot be controlled by his wife;  he may manage
his affairs  his own  way;   buy and  sell all  kinds of personal
property, without  any control, and he may buy any real estate he
may deem proper, but, as the wife acquires a right in the latter,
he cannot  sell it,  discharged  of  her  dower,  except  by  her
consent, expressed  in the  manner prescribed  by the laws of the
state where  such lands  lie. At  common law,  all  her  personal
property, in  possession, is vested in him, and he may dispose of
it as  if he had acquired it by his own contract this arises from
the principle  that they are considered one person in law;  2 Bl.
Com. 433  and he  is entitled  to all  her  property  in  action,
provided he reduces it to possession during her life. Id. 484. He
is also  entitled to her chattels real, but these vest in him not
absolutely, but  sub modo;  as, in the case of a lease for years,
the hushand  is entitled  to receive the rents and profits of it,
and may,  if he pleases, sell, surrender, or dispose of it during
the coverture,  and it is liable to be taken in execution for his
debts and,  if he  survives  her,  it  is,  to  all  intents  and
purposes,  his  own.  In  case  his  wife  survives  him,  it  is
considered as  if it  had never been transferred from her, and it
belongs to  her alone.  In his  wife's freehold  estate, he has a
life estate, during the joint lives of himself and wife;  and, at
common law,  when he has a child by her who could inherit, he has
an estate  by the  curtesy. But  the rights of a hushand over the
wife's property,  are very  much abridged  in some  of the United
States,  by statutes.  See  Act of Pennsylvania, passed April 11,

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   5. The  laws of Louisiana differ essentially from those of the
other states,  as to  the rights  and duties of hushand and wife,
particularly  as   it  regards  their  property.  Those  readers,
desirous of knowing, the legislative regulations on this subject,
in that  state, are  referred to  the Civil  Code of Louis. B. 1,
tit. 4;  B. 3, tit. 6.

  Vide, generally, articles Divorce;  Marrriage;  Wife;  and Bac.
Ab. Baron and Feme;  Rop. H. & W.;  Prater ou H. & W.;  Clancy on
the Rights, Duties and Liabilities of Hushand and Wife Canning on
the Interest  of Hushand  and Wife, &c.;  1 Phil. Ev. 63;  Woodf.
L. & T. 75;  2 Kent, Com. 109;  1 Salk. 113 to 119+;  Yelv. 106a,
156a, 166a;   Vern. by Raithby, 7, 17, 48, 261;  Chit. Pr. Index,
h. t. Poth. du Contr. de Mar. n. 379;  Bouv. Inst. Index, h. t.

   HUshAND, mar.  law. The  name of an agent who is authorized to
make the  necessary repairs  to a ship, and to act in relation to
the ship,  generally, for  the owner. He is usually called ship's
hushand. Vide Ship's Hushand.

   HUshRECE, old  Eng. law.  The, ancient name of the offence now
called burglary.
 HUSTINGS,  Engl. law.  The name  of a court held before the lord
mayor and  aldermen of  London;   it is the principal and supreme
court of  the city., See 2 Inst. 327;  St. Armand, Hist. Essay on
the Legisl. Power of England, 75.

   HYDROMETER. An instrument for measuring the density of fluids;
being immersed  in fluids, as in water, brine, beer, brandy, &c.,
it  determines  the  proportion  of  their  densities,  or  their
specific gravities, and thence their qualities.

  2. By, the Act of Congress of January 12, 1825, 3 Story's' Laws
U. S.  1976, the  secretary of  the treasury is authorized, under
the direction of the president of the United States, to adopt and
substitute such  hydrometer as  he may  deem best  calculated  to
promote the  public interest,  in lieu  of that now prescribed by
law, for  the purpose  of ascertaining the proof of liquors;  and
that after  such adoption and substitution, the duties imposed by
law upon  distilled spirits  shall be levied, collected and paid,
according  to   the  proof   ascertained  by  any  hydrometer  so
substituted and adopted.

  HYPOBOLUM, civ. law. The name of the bequest or legacy given by
the hushand  to his  wife, at  his death, above her dowry. Techn.
Dict. h. t.

   HYPOTHECATION, civil law. This term is used principally in the
civil law;  it is defined to be a right which a creditor has over
a thing  belonging to another, and which consists in the power to
cause it  to be  sold, in  order to  be paid his claim out of the

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   2. There  are two species of hypothecation, one called pledge,
pignus, and the other properly denominated hypothecation.  Pledge
is  that  species   of hypothecation  which is  contracted by the
delivery  of   the  debtor   to  the   creditor,  of   the  thing
hypothecated. Hypothecation, properly so called, is that which is
contracted without  delivery of  the thing hypothecated. 2 Bell's
Com. 25, 5th ed.

   3. Hypothecation  is further divided into general and special;
when the  debtor hypothecates  to his creditor all his estate and
property, which  he  has,  or  may  have,  the  hypothecation  is
general;   when the  hypothecation is  confined to  a  particular
estate, it is special.

   4. Hypothecations  are also  distinguished into  conventional,
legal, and tacit.  1. Conventional hypothecations are those which
arise by the agreement of the parties.  Dig. 20, 1, 5.

   5. -  2. Legal hypothecation is that which has not been agreed
upon by  any contract,  express or  implied;  such as arises from
the effect of judgments and executions.

   6. -  3. A tacit, which is also a legal hypothecation, is that
which the  law gives in certain cases, without the consent of the
parties, to  secure the  creditor;   such as, 1st. The lien which
the public  treasury has  over the  property of  public  debtors.
Code, 8,  15, 1.  2d. The landlord has a lien on the goods in the
house leased,  for the payment of his rent. Dig. 20, 2, 2;  Code,
8, 15,  7, 3d. The builder has a lien, for his bill, on the house
he has  built. Dig.  20, 1.  4th, The  pupil has  a lien  on  the
property of the guardian for the balance of his account. Dig. 46,
6, 22;  Code, 6, 37, 20. 5th. There is hypothecation of the goods
of a testator for the security of a legacy he has given. Code, 6,
43, 1.

   7. In  the common  law, cases  of hypothecation, in the strict
sense of  the civil  law, that  is, of  a pledge  of  a  chattel,
without possession  by the  pledgee, are  scarcely to  be  found;
cases of  bottomry bonds  and claims  for seamen's wages, against
ships are  the nearest  approach to  it;  but these are liens and
privileges rather  than hypothecations.  Story, Bailm.  §288.  It
seems that  chattels not  in existence,  though  they  cannot  be
pledged, can  be hypothecated,  so that  the lien will attach, as
soon as the chattel has been produced. 14 Pick. R. 497.

   Vide, generally,  Poth. de  l'Hypoth‚que;   Poth. Mar.  Contr.
translated by  Cushing, note.  26, p.  145;   Commercial Code  of
France, translated by Rodman, note 52, p. 351;  Merl. R‚pertoire,
mot Hypoth‚que,  where the  subject is  fully considered;  2 Bro.
Civ. Law,  195;   Ayl. Pand. 524;  1 Law Tracts, 224;  Dane's Ab.
h. t.;   Abbott  on Ship.  Index, h.  t.;  13 Ves. 599;  Bac. Ab.
Merchant, &c.  G;   Civil Code of Louis. tit. 22, where this sort
of security bears the name of mortgage. (q. v.)

   HYPOTHEQUE, French  law. Properly,  the right  acquired by the
creditor over  the immovable  property which has been assigned to
him by  his debtor,  as security for his debt, although he be not
placed in  possession of  it. The  hypotheque might  arise in two

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was. 1.  By the  express agreement  of the  debtor, which was the
conventional hypotheque.  2. By disposition of law, which was the
implied or  Iegal hypotheque.  This was  nothing but  a  lien  or
privilege which  the creditor  enjoyed of being first paid out of
the land subjected to this incumbrance. For example, the landlord
had hypotheque on the goods of his tenant or others, while on the
premises let. A mason had the same on the house he built. A pupil
or a  minor on the land of his tutor or curator, who had received
his money. Domat, Loix Civiles, 1. 3, & 1;  2 Bouv. Inst. 1817.

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