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H 554 HABENDUM
H
H. This letter, as an abbreviation, stands for Henry (a king of that name) in the cita­tion of English statutes. In the Year Books, it is used as an abbreviation for Hilary term. In tax assessments and other such official records, "h" may be used as an abbreviation for "house," and the courts will so under­stand it. Alden v. Newark, 36 N. J. Law, 288; Parker v. Elizabeth, 39 N. J. Law, 693.
H. A. An abbreviation for hoc anno, this year, in this year.
H. B. An abbreviation for house bill, i. e., a bill in the house of representatives, as distinguished from a senate bill.
H. O. An abbreviation for house of com­mons, or for habeas corpus.
H. L. An abbreviation for house of lords.
H. R. An abbreviation for house of rep­resentatives.
H. T. An abbreviation for Jwo titulo, this title, under this title; used in references to books.
H. V. An abbreviation for hoc verbo or hac voce, this word, under this word; used in references to dictionaries and other works alphabetically arranged.
HABE, or HAVE. Lat. A form of the salutatory expression "Ave," (hail,) in the titles of the constitutions of the Theodosian and Justinianean Codes. Calvin; Spelman.
HABEAS CORPORA JURATORUM.
A writ commanding the sheriff to bring up the persons of jurors, and, if need were, to distrain them of their lands and goods, in order to insure or compel their attendance in court on the day of trial of a cause. It is­sued from the Common pleas, and serve'd the same purpose as a distringas juratores in the King's Bench. It was abolished by the O. L. P. Act, 1852, § 104. Brown.
HABEAS CORPUS. Lat. (You have the body.) The name given to a variety of writs, (of which these were anciently the em­phatic words,) having for their object to bring a party before a court or judge. In common usage, and whenever these words are used alone, they are understood to mean the habeas corpus ad subjiciendum, (see infra.)
—Habeas corpus act. The English statute of 31 Car. II. c. 2, is the original and promi­nent habeas corpus act. It was amended and supplemented by St. 56 Geo. III. c. 100. And similar statutes have been enacted in all the United States. This act is justly regarded as the great constitutional guaranty of personal lib­erty —Habeas corpus ad deliberandum et recipiendum. A writ which is issued to re­move, for trial, a person confined in one county
to the county or place where the offense of which he is accused was committed. Bac. Abr. "Habeas Oorpus," A; 1 Chit. Crim. Law, 132. Ex parte Bollman, 4 Cranch, 97, 2 L. Ed. 554. Thus, it has been granted to remove a person in custody for contempt to take his trial for perjury in another county. 1 Tyrw. 185.—Ha­beas corpus ad faciendum et recipien­dum. A writ issuing in civil cases to remove the cause, as also the body of the defendant, from an inferior court to a superior court having jurisdiction, there to be disposed of. It is also called "liabeas corpus cum 'causa." fix parte Bollman, 4 Cranch, 97, 2 L. Ed. 554 —-Habeas corpus ad prosequendum. A writ which issues when it is necessary to remove a prisoner in order to prosecute in the proper jurisdiction wherein the fact was committed. 3 Bi. Comm. 130.—Habeas corpus ad re­spondendum. A writ which is usually em­ployed in civil cases to remove a person out of the custody of one court into that of another, in order that he may be sued and answer the action in the latter. 2 Sell Pr. 259; 2 Mod. 198; 3 Bl. Comm. 129; 1 Tidd, Pr. 300.—Ha­beas corpus ad satisfaciendum. In Eng­lish practice. A writ which issues when a prisoner has had judgment against him in an action, and the plaintiff is desirous to bring him up to some superior court, to charge him with process of execution. 3 BI. Comm. 129, 130; 3 Steph. Comm. 693; 1 Tidd, Pr. 350. —Habeas corpus ad subjiciendum. A wrijb directed to the person detaining another, and commanding him to produce the body of the prisoner, (or person detained,) 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 the writ shall consider in that behalf. 3 Bl. Comm. 131; 3 Steph. Comm. 695. This is the well-known remedy for deliv­erance from illegal confinement, called by Sir William Blackstone the most celebrated writ in the English law, and the great and efficacious writ in all manner of illegal confinement. 3 Bl. Comm. 129—Habeas corpus ad testifi­candum. A writ to bring a witness into court, when he is in custody at the time of a trial, commanding the sheriff to have his body before the court, to testify in the cause, 3 Bl. Comm. 130; 2 Tidd, Pr. 809. Ex parte Marmaduke, 91 Mo. 250, 4 S. W. 91, 60 Am. Rep 250.—Habeas corpus cum causa. (You have the body, with the cause.) Another name for the writ of habeas corpus ad. faciendum et recipiendum, (g. v.) 1 Tidd, Pr. 348, 349.
Habemus optimum testem, confitentem reum. 1 Phil. Ev. 397. We have the best witness,—a confessing defendant "W(hat is taken pro confesso is taken as indubitable truth. The plea of guilty by the party ac­cused shuts out all further inquiry. Habe­mus confitentem reum is demonstration, un­less indirect motives can be assigned to it" 2 Hagg. Eccl. 315.
HABENDUM. Lat. In conveyancing. The clause usually following the granting part of the premises of a deed, which defines the extent of the ownership in the thing granted to be held and enjoyed by the gran­tee. 3 Washb. Real Prop. 437; New York Indians v. U. S., 170 U. S. 1, 18 Sup. Ct. 531, 42 L. Ed. 927; Clapp v. Byrnes, 3 App. Div, 284, 38 N. Y. Supp. 1063; Miller t. Graham,

HABENDUM
555
HABITATION

47 S. C. 288, 25 S. E. 165; Hart v. Gardner, 74 Miss. 153, 20 South. 877.
—Habendum et tenendum. In old convey­ancing. To have and to hold. Formal words in deeds of land from a very early period. Bract, fol. 176.
HABENTES HOMINES. In old Eng­lish law. Rich men; literally, having men. The same with fcesting-men, (g. v.) Cowell.
HABENTIA. Riches. Mon. Angl. t 1, 100.
HABERE. Lat. In the civil law. To have. Sometimes distinguished from tenere, <to hold,) and possidere, (to possess;) habere referring to the right, tenere to the fact, and possidere to both. Calvin.
HABERE FACIAS POSSESSIONEM.
Lat. That you cause to have possession. The name of the process commonly resorted to hy the successful party in an action of ejectment, for the purpose of being placed by the sheriff in the actual possession of the land recovered. It is commonly termed sim­ply "habere facias," or "hah. fa."
HABERE FACIAS SEISINAM. L. Lat. That you cause to have seisin. The writ of execution in real actions, directing the sher­iff to cause the demandant to have seisin of the lands recovered. It was the proper pro­cess for giving seisin of a freehold, as dis­tinguished from a chattel interest in lands.
HABERE FACIAS VISUM. Lat. That you cause to have a view* A writ to cause the sheriff to take a view of lands or tene­ments.
HABERE EICERE. Lat. In Roman law. To allow [one] to have [possession.] This phrase denoted the duty of the seller of property to allow the purchaser to have the possession and enjoyment. For a breach of this duty, an actio ex empto might be main­tained.
HABERJECTS. A cloth of a mixed color. Magna Charta, c. 26.
HABETO TIBI RES TUAS. Lat Have or take your effects to yourself. One of the old Roman forms of divorcing a wife. Cal­vin.
HABILIS. Lat. Fit; suitable; active; useful, (of a servant) Proved; authentic, (of Book of Saints.) Fixed; stable, (of au­thority of the king.) Du Cange.
HABIT. A disposition or condition of the body or mind acquired by custom or a usual repetition of the same act or function. Knickerbocker L. Ins. Co. v. Foley, 105 U. S. 354, 26 L. Ed. 1055; Conner v. Citizens' St. R. Co., 146 Ind. 430, 45 N. E. 662; State v. Skil-
licorn, 104 Iowa, 97, 73 N. W. 503; State T. Robinson, 111 Ala. 482, 20 South. 30.
—Habit and repute. By the law of Scot­land, marriage may be established by "habit and repute" where the parties cohabit and are at the same time held and reputed as man and wife. See Bell. The same rule obtains in some of the United States.
HABITABLE REPAIR. A covenant by a lessee to "put the premises into habitable repair" binds him to put them into such a state that they may be occupied, not only with safety, but with reasonable comfort, for the purposes for which they are taken. Miller v. McCardell, 19 R. I. 304, 33 Atl. 445, 30 L. R. A. 682.
HABITANCY. Settled dwelling in a giv­en place; fixed and permanent residence there. This term is more comprehensive than "domicile," for one may be domiciled in a given place though he does not spend the greater portion of his time there, or though he may be absent for long periods. It is also more comprehensive than "residence," for one may reside in a given place only tem­porarily or for short periods on the occasion of repeated visits. But in neither case could he properly be called an "inhabitant" of that place or be said to have his "habitancy" there. See Atkinson v. Washington & Jef­ferson College, 54 W. Va. 32, 46 S. E. 253; Hairston v. Hairston, 27 Miss. 711, 61 Am. Dec. 530; Abington v. North Bridgewater, 23 Pick. (Mass.) 170. And see Domicile; Resi­dence.
It is difficult to give an exact definition of "habitancy." In general terms, one may be des­ignated as an "inhabitant" of that place which constitutes the principal seat of his residence, of his business, pursuits, connections, attach­ments, and of his political and municipal rela­tions. The term, therefore, embraces the fact of residence at a place, together with the intent to regard it and make it a home. The act and intent must concur. Lyman v. Fiske, 17 Pick. (Mass.) 231. 28 Am. Dec. 293.
HABITANT. Fr. In French and Ca­nadian law. A resident tenant; a settler; a tenant who kept hearth and home on the seigniory.
HABITATIO. Lat. In the civil law. The right of dwelling; the right of free resi­dence in another's house. Inst. 2, 5; Dig. 7,8.
HABITATION. In the civil law. The
right of a person to live in the house of an­other without prejudice to the property. It differed from a usufruct, in this: that the usufructuary might apply the house to any purpose, as of a store or manufactory; where­as the party having the right of habitation could only use it for the residence of himself and family. 1 Browne, Civil Law, 184.
In estates. A dwelling-house; a home-stall. 2 Bl. Comm. 4; 4 Bl. Comm. 220;

HABITUAL CRIMINAL 556
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Holmes v. Oregon & C. R. Co. (D. C.) 5 Fed. 527; Nowlin v. Scott, 10 Grat. (Va.) 65; Har­vard College v. Gore, 5 Pick. (Mass.) 372.
HABITUAL CRIMINAL. By statute in several states, one who is convicted of a felony, having been previously convicted of any crime (or twice so convicted), or who is convicted of a misdemeanor and has previous­ly (in New York) 'been five times convicted of a misdemeanor. Crim. Code N. Y. 1903, § 510; Rev. St. Utah, 1898, § 4067. In a more gen­eral sense, one made subject to police sur­veillance and arrest on suspicion, on account of his previous criminal record and absence of honest employment
—Habitual criminals act. The statute 32 & 33 Vict. c. 99. By this act power was given to apprehend on suspicion convicted persons holding license under the penal servitude acts, 1853, 1857, and 1864. The act was repealed and replaced by the prevention of crimes act, 1871, (34 & 35 Vict. c. 112.)
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 Ludwick v. Com., 18 Pa. 174; Gourlay v. Gourlay, 16 R. I. 705, 19 Atl. 142; Miskey's Appeal, 107 Pa. 626; Richards v. Richards, 19 111. App. 467; Mc-Bee v. McBee, 22 Or. 329, 29 Pac. 887, 29 Am. St Rep. 613.
One who has the habit of indulging in intoxi­cating liquors so firmly fixed that he becomes intoxicated as often as the temptation is pre­sented by his being in the vicinity where liquors are sold is an "habitual drunkard," within the meaning of the divorce, law. Magahay v. Magahay, 35 Mich. 210.
In England, it is defined by the habitual drunkards' act 1879, (42 & 43 Vict. c. 19,) which authorizes confinement in a retreat, upon the party's own application, as "a person who, not being amenable to any jurisdiction in lu­nacy, is, notwithstanding, by reason of habitual intemperate drinking of intoxicating liquor, at times dangerous to himself, or herself, or oth­ers, or incapable of managing himself or her­self, or his or her affairs."
HABIE. L. Fr. In old English law. A port or harbor; a station for ships. St. 27 Hen. VI. c. 3.
HACIENDA. In Spanish law. The pub­lic domain; the royal estate; the aggregate wealth of the state. The science of admin­istering the national wealth; public economy. Also an estate or farm belonging to a private person.
HACKNEY CARRIAGES. Carriages plying for hire in the street. The driver is liable for negligently losing baggage. Mas-terson v. Short, 33 How. Prac. <N. Y.) 486.
HADBOTE. In Saxon law. A recom­pense or satisfaction for the violation of holy orders, or violence offered to persons in holy orders. Cowell; Blount
HADD. In Hindu law. A boundary or limit. A statutory punishment defined by law, and not arbitrary. Mozley & Whitley.
HADERUNGA. In old English law. Hatred; ill will; prejudice, or partiality. Spelman; Cowell.
HADGONEL. In old English law. A tax or mulct. Jacob.
HffiC EST CONVENTIO. Lat This is
an agreement. Words with which agree­
ments anciently commenced. Yearb. H. 6
Edw. II. 191.
HXC EST FINALIS CONCORDIA. L.
Lat This is the final agreement. The words with which the foot of a fine com­menced. 2 Bl. Comm. 351.
HXREDA. In Gothic law. A tribunal answering to the English court-leet
HiEREDE ABDUCTO. An ancient writ that lay for the lord, who, having by right the wardship of his tenant under age, could not obtain his person, the same being carried away by another person. Old Nat. Brev. 93.
HiEREDE DELIBERANDO ALTERI QUI HABET CUSTODIUM TERR^B. An
ancient writ, directed to the sheriff, to re­quire one that had the body of an heir, be­ing in ward, to deliver him to the person whose ward he was by reason of his land. Reg. Orig. 161.
BLSIREDE RAFTO. An ancient writ that lay for the ravishment of the lord's ward. Reg. Orig. 163.
Hseredem Dens facit, non Homo. God
makes the heir, not man. Co. Litt. 76.
H32REDES. Lat In the civil law. Heirs. The plural of hceres, (q. v.)
HiEREDIPETA. Lat. In old English law. A seeker of an inheritance; hence, the next heir to lands.
Hseredipetse sno propinqno vel extra-neo periculoso sane custodi nnllus com-mittatnr. To the next heir, whether a re­lation or a stranger, certainly a dangerous guardian, let no one be committed. Co. Litt 88&.
BLXREDITAS. In Roman law. The
hcereditas was a universal succession by law to any deceased person, whether such person had died testate or intestate, and whether in trust (ex fideicommisso) for another or not. The like succession according to Praetorian law was bonorum possessio. The hcereditas was called "jacens" until the hceres took it up, i. e., made his aditio hcereditatis; and such hceres, if a suus hceres, had the right to abstain, (potestas abstinendi,) and, if an ex-traneus hceres, had the right to consider

H^)REDITAS
557
H^RES

whether he would accept or decline, (potestas deliberandi,) the reason for this precaution being that (prior to Justinian's enactment to the contrary) a hceres after his aditio was liable to the full extent of the debts of the deceased person, and could have no relief therefrom, except in the case of a damnum emergens or damnosa hcereditas, i. e., an Juereditus which disclosed (after the aditio) some enormous unsuspected liability. Brown.
In old English law. An estate transmis­sible by descent; an Inheritance. Co. Litt. 9.
—Hsereditas damnosa. A burdensome in­heritance ; one which would be a burden in­stead of a benefit, that is, the debts to be paid by the heir would exceed the assets.—Hseredi­tas jacens. A vacant inheritance. So long as no one had acquired the inheritance, it was termed "hcereditas jacensj" and this, by a legal fiction, represented the person of the decedent. Mackeld. Rom. Law, § 737. The estate of a peuson deceased, where the owner left no heirs or legatee to take it, called also "caduca;" an escheated estate. Cod 10, 10, 1; 4 Kent, Comm. 425. The term has also been «used in English law to signify an estate in abey­ance ; that is, after the ancestor's death, and before assumption of heir. Oo. Litt. 342b. An inheritance without legal owner, and therefore open to the first occupant. 2 Bl. Comm. 259. —Hsereditas legitima. A succession or in­heritance devolving by operation of law (in­testate succession) rather than by the will of the decedent. Mackeld. Rom. Law, § 654. —Hsereditas luctuosa. A sad or mournful inheritance or succession; as that of a parent to the estate of a child, which was regarded as disturbing the natural order of mortality. (turbato ordme mortalitatis.) Cod. 6, 25, 9; 4 Kent, Comm. 397.—Hsereditas testamen-taria. Testamentary inheritance, that is, suc­cession to an estate under and according to the last will and testament of the decedent. Mackeld Rom. Law, § 654.
Hsereditas, alia corporalis, alia incor-poralis; oorporalis est, quse tangi potest et videri; incorporalis quse tangi non po­test nee videri. Co. Litt. 9. An inheritance is either corporeal or incorporeal. Corporeal is that which can be touched and seen; in­corporeal, that which can neither be touched nor seen.
Hsereditas est suecessio in universum jus quod defunctus habuerit. Co. Litt. 237. Inheritance is the succession to every right which the deceased had.
Hsereditas nihil aliud est, quam suc-eessio in universum jus, quod defunctus habuerit. The right of inheritance is noth­ing else than the faculty of succeeding to all the rights of the deceased. Dig. 50, 17, 62.
Hsereditas nunquam ascendit. An In­heritance never ascends. Glanv. lib. 7, c. 1; 2 Bl. Comm. 211. A maxim of feudal origin, and which Invariably prevailed in the law of England down to the passage of the statute 8 & 4 Wm. IV. c. 106, § 6, by which it was abrogated. 1 Steph. Comm. 378. See Broom, Max. 527, 528.
Hseredum appellatione veniunt hsere-des haeredum in infinitum. By the title
of heirs, come the heirs of heirs to Infinity. Co. Litt 9.
H^RES. In Roman law. The heir, or universal successor in the event of death. The heir is he who actively or passively suc­ceeds to the entire property of the estate-leaver. He is not only the successor to the rights and claims, but also to the estate-leav­er's debts, and in relation to his estate is to be regarded as the identical person of the estate-leaver, inasmuch as he represents him in all his active and passive relations to his estate. Mackeld. Rom. Law, § 651.
It should be remarked that the office, pow­ers, and duties of the hceres, in Roman law, were much more closely assimilated to those ot a modern executor than to those of an heir at law. Hence "heir" is not at all an accurate translation of "hceres," unless it be understood in a special, technical sense.
In common law. An heir; he to whom lands, tenements, or hereditaments by the act of God and right of blood do descend, of some estate of inheritance. Co. Litt. 76.
—Hseres astrarius. In old English law. An heir in actual possession.—Hseres de fac­to. In old English law. Heir from fact; that is, from the deed or act of his ancestor, without or against right. An heir in fact, as distinguished from an heir de jure, or by law. —Hseres ex asse. In the civil law. An heir to the whole estate; a sole heir. Inst. 2, 23, 9.—Hseres eztranens. In the civil law. A strange or foreign heir; one who was not sub­ject to the power of the testator, or person who made him heir. Qui testatoris juri subjecti non sunt, extranei hwredes appellantur. Inst. 2, 19, 3.—Hseres factus. In the civil law. An heir made by will; a testamentary heir; the per­son created universal successor by will. Story, Confl. Laws, § 507; 3 BL Comm. 224. Other­wise called "hceres e& testamento," and "hceres institutus." , Inst. 2, 9, 7; Id. 2, 14.—Hseres fideicommissarius. In the civil law. The person for whose benefit an estate was giv­en to another (termed "hares fiduciarius," (q. v.) by will. Inst. 2, 23, 6, 7, 9. Answer­ing nearly to the cestui que trust of the Eng­lish law.—Hseres fiduciarius. A fiduciary heir, or heir in trust; a person constituted heir by will, in trust for the benefit of an­other, called the "fideicommissarius."—Hser­es institutus. A testamentary heir; one ap­pointed by the will of the decedent.—Hseres legitimus. A lawful heir; one pointed out as such by the marriage of his parents.—Hser­es natus. In the civil law. An heir born; one born heir, as distinguished from one made heir, (hceres factus, q v ;) an heir at law, or by intestacy, (ab intestato;) the next of kin by blood, in cases of intestacy. Story, Confl. Laws, § 507; 3 Bl. Comm. 224.—Hseres necessarius. In the civil law. A necessary or compulsory heir. This name was given to the heir when, being a slave, he was named "heir" in the testa­ment, because on the death of the testator, whether he would or not, he at once became free, and was compelled to assume the heirship. Inst. 2, 19, 1.—Hseredes proximi. Nearest or next heirs. The children or descendants of the deceased.—Hseres rectus. In old English law. A right heir. Fleta, lib. 6, c. 1, § 11.— Hseredes remotiores. More remote heirs. The kinsmen other than children or descend­ants —Hseres suns. In the civil law. A man's own heir; a decedent's proper or natural heir. This name was given to the lineal de­scendants of the deceased. Inst. 3, 1, 4-5.— Hseredes sui et necessarii. In Roman law. Own, and necessary heirs; i. *., the lineal de-

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scendants of the estate-leaver. They were call­ed "necessary" heirs, because it was the law that made them heirs, and not the choice of ei­ther the decedent or themselves. But since this was also true of slaves (when named "heirs" in the will) the former class were des­ignated "stw et necesswrii" by way of distinc­tion, the word "««?" denoting that the necessity arose from their relationship to the decedent. Mackeld. Rom. Law, § 733.
Hseres est alter ipse, et filius est pars patris. An heir is another self, and a son is part of the father. 3 Coke, 126.
Hseres est 'ant jure proprietatis ant jure representations. An heir is either by right of property, or right of representa­tion. 3 Coke, 40&.
Hseres est eadem persona cum ante-cessore. An heir is the same person with his ancestor. Co. Litt. 22; Branch, Princ. See Nov. 48, c. 1, § 1.
Hseres est nomen collectivum. "Heir" is a collective name or noun. 1 Vent. 215.
Hseres est nomen juris; filius est no-men naturae. "Heir" is a name or term of law; "son" is a name of nature. Bac. Max. 52, in reg. 11.
Hseres est pars antecessoris. An heir is a part of the ancestor. So said because the ancestor, during his life, bears in his body (in judgment of law) all his heirs.
Hseres hseredis mei est mens hseres.
The heir of my heir is my heir.
Hseres legitimus est quern nnptise de-monstrant. He is a lawful heir whom mar­riage points out as such ; who is born in wed­lock. Co. Litt. 76; Bract, fol. 88; Fleta, lib. 6, c. 1; Broom, Max. 515.
Hseres minor nno et viginti annis non respondebit, nisi in casu dotis. Moore, 348. An heir under twenty-one years of age is not answerable, except in the matter of dower.
Hseres non tenetnr in Anglia ad debita antecessoris reddenda, nisi per anteces-sorem ad hoc fnerit obligatns, prseter-quam debita regis tan turn. Co. Litt. 386. In England, the heir is not bound to pay his ancestor's debts, unless he be bound to it by the ancestor, except debts due to the king. But now, by 3 & 4 Wm. IV. c 104, he is lia­ble.
HSiBETABE. In old English law. To give a right of inheritance, or make the do­nation hereditary to the grantee and his heirs. Cowell.
HiERETICO COMBURENDO. The stat­ute 2 Hen. IV. c. 15, de hwretico comburendo, was the first penal law enacted against
heresy, and imposed the penalty of death by burning against all heretics who relapsed or who refused to abjure their opinions. It was repealed by the statute 29 Car. II. c. 9. Brown. This was also the name of a writ for the purpose indicated.
HAFNE. A haven or port Cowell.
—Hafne courts. Haven courts; courts an­ciently held in certain ports in England. Spel-man.
HAGA. A house in a city or borough. Scott.
HAGIA. A hedge. Mon. Angl. torn. 2, p. 273.
HAGNE. A little hand-gun. St 33 Hen. VIII. c. 6.
HAGNEBUT. A hand-gun of a larger de­scription than the hagne. St 2 & 3 Edw. VI. c. 14; 4 & 5 P. & M. c. 2.
HAIA. In old English law. A park in­closed. Cowell.
HAIEBOTE. In old English law. A per­mission or liberty to take thorns, etc, to make or repair hedges. Blount
HAILL. In Scotch law. Whole; the whole. "All and haill" are common words in conveyances. 1 Bell, App. Cas. 499.
HAILWORKFOLK, (i. e., holyworkfolk.) Those who formerly held lands by the serv­ice of defending or repairing a church or monument.
HAIMHALDARE. In old Scotch law. To seek restitution of one's awn goods and gear, and bring the same home again. Skene de Verb. Sign.
HAIMSUCKEN. In Scotch law. The crime of assaulting a person in his own house. BelL
HALF. A moiety; one of two equal parts of anything susceptible of division. Prentiss v. Brewer, 17 Wis. 644, 86 Am. Dec. 730; Hartford Iron Min. Co. v. Cambridge Min. Co., 80 Mich. 491, 45 N. W. 351; Cogan v. Cook, 22 Minn. 142; Dart v. Barbour, 32 Mich. 272. Used in law in various compound terms, in substantially the same sense, as follows:
—Half blood. See Blood.—Half-brother, half-sister. Persons who have the same fa­ther, but different mothers; or the same moth­er, but different fathers. Wood v. Mitcham, 92 N. Y. 379; In re Weiss' Estate, 1 Montg. Co. Law Rep'r (Pa.) 210.—Half-cent. A cop­per coin of the United States, of the value of five mills, and of the weight of ninety-four grains. The coinage of these was discontinued in 1857.—Half defense. See Defense — Half-dime. A silver (now nickel) coin of the United States, of the value of five cents.— Half-dollar. A silver coin of the United States, of the value of fifty cents, or one-half the value of a dollar.—Half-eagle. A gold coin of the United States, of the value of five

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dollars.—Half-endeal. A moiety, or half of a thing.—Half-kineg. In Saxon law. Half-king, (semi-rex.) A title given to the aldermen of all England. Crabb, Eng. Law, 28; Spel-man.—Half-mark. A noble, or six shillings and eight pence in English money.—Half pi­lotage. Compensation for services which a Silot has put himself in readiness to perform, y labor, risk, and cost, and has offered to per­form, at half the rate he would have receiv­ed if the services had actually been performed. Gloucester Ferry Co. v. Pennsvlvania, 114 IT. S. 196, 5 Sup. Ct. 826, 29 L. Ed. 158.—Half-proof. In the civil law. Proof by one wit­ness, or a private instrument. Hallifax, Oivil Law, b. 3, c. 9, no. 25; 3 Bl. Oomm. 370. Or prima facie proof, which yet was not suffi­cient to found a sentence or decree.—Half-seal. That which was formerly used in the English chancery for sealing of commissions to delegates, upon any appeal to the court of delegates, ei­ther in ecclesiastical or marine causes.—Half section. In American land law. The half of a section of land according to the divisions of the government survey, laid off either by a north-and-south or by am east-and-west line, and containing 320 acres. See Brown v. Har­din, 21 Ark. 324.—Half-timer. A child who, by the operation of the English factory and edu­cation acts, is employed for less than the full time in a factory or workshop, in order that he may attend some "recognized efficient school." See factory and workshop act, 1878, § 23: ele­mentary education act, 1876, § 11.—Half-tongue. A jury half of one tongue or nation­ality and half of another. See De Medietatb Lingua.—Half-year. In legal computation. The period of one hundred and eighty-two days; the odd hours being rejected. Co. Litt. 135&; Cro. Jac. 166; Tel. 100; 1 Steph. Comm. 265; Pol. Code Cal. 1903, § 3257.
HALIFAX LAW. A synonym for lynch law, or the summary (and unauthorized) trial of a person accused of crime and the inflic­tion of death upon him; from the name of the parish of Halifax, in England, where an­ciently this form of private justice was prac­tised by the free burghers in tHe case of per­sons accused of stealing; also called "gibbet law."
HALIGEMOT. In Saxon law. The meeting of a hall, (conventus auloe,) that is, a lord's court; a court of a manor, or court-baron. Spelman. So called from the hall, where the tenants or freemen met, and jus­tice was administered. Crabb, Eng. Law, 26.
HALIMAS. In English law. The feast of All Saints, on the 1st of November; one of the cross-quarters of the year, was com­puted from Halimas to Candlemas. Whar­ton.
HALL. A building or room of consider­able size, used as a place for the meeting of public assemblies, conventions, courts, etc.
In English law. A name given to many manor-houses because the magistrate's court was held in the hall of his mansion; a chief mansion-house. Cowell.
HALLAGE. In old English law. A fee or toll due for goods or merchandise vended in a hall. Jacob.
A toll due to the lord of a fair or market,
for such commodities as were vended in the common hall of the place. Cowell; Blount.
HALLAZCO. In Spanish law. The find­ing and taking possession of something which previously had no owner, and which thus becomes the property of the first occupant. Las Partidas, 3, 5, 28; 5, 48, 49; 5, 20, 50.
HALLE-GEMOTE. In Saxon law. Hali-gemot, (q. v.)
HALLUCINATION.' In medical juris­prudence. A trick or deceit of the senses; a morbid error either of the sense of sight or that of hearing, or possibly of the other senses; a psychological state, such as would be produced naturally by an act of sense-per­ception, attributed confidently, but mistaken­ly, to something which has no objective exist­ence ; as, when the patient imagines that he sees an object when there is none, or hears a voice or other sound when nothing strikes his ear. See Staples v. Wellington, 58 Me. 459; Foster v. Dickerson, 64 Vt. 233, 24 Atl. 257; McNett v. Cooper (C. C.) 13 Fed. 590; People v. Krist, 168 N. Y. 19, 60 N. E. 1057.
Hallucination does not by itself constitute in­sanity, though it may be evidence of it or a sign of its approach. It is to be distinguished from "delusion" in this, that the latter is a fixed and irrational belief in the existence of a fact or state of facts, not cognizable through the senses, but to be determined by the facul­ties of reason, memory, judgment, and the like; while hallucination is a belief in the existence of an external object, perceptible by the senses, but having no real existence; or, in so far as a delusion may relate to an external object, it is an irrational belief as to the character, na­ture, or appearance of something which really exists and affects the senses. For example, if a man should believe that he saw his right hand in its proper place, after it had been am­putated, it would be an hallucination; but if he believed that his right hand was made of glass, it would be a delusion. In other words, in the case of hallucination, the senses betray the mind, while in the case of delusion, the senses act normally, but their evidence is rejected by the mind on account of the existence of an ir­rational belief formed independently of them. They are further distinguished by the fact that hallucinations may be observed and studied by the subject himself and traced to their causes. or may be corrected by reasoning or argument, while a delusion is an, unconscious error, but so fixed and unchangeable that the patient can­not be reasoned out of it Hallucination is al­so to be distinguished from "illusion," the lat­ter term being appropriate to describe a per­verted or distorted or wholly mistaken impres­sion in the mind, derived from a true act of sense-perception, stimulated by a real external object, but modified by the imagination of the subject; while, in the case of hallucination, as above stated, there is no objective reality to correspond with the imagined perception.
HALMOTE. See Haijgemot.
HALYMOTE. A holy or ecclesiastical court.
A court held in London before the lord mayor and sheriffs, for regulating the bakers.
It was anciently held on Sunday next be-

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fore St. Thomas' day, and therefore called the "fiolymote," or holy court Cowell.
HALYWERCFOLK. Sax. In old Eng­lish law. Tenants who held land by the service of repairing or defending a church or monument, whereby they were exempted from feudal and military services.
EAMA. In old English law. A hook; an engine with which a house on fire is pulled down. Yel. 60.
A piece of land.
HAMBLING. In forest law. The hox-ing or hock-sinewing of dogs; an old mode of laming or disabling dogs. Termes de la Ley.
HAMESECKEN. In Scotch law. The violent entering into a man's house without license or against the peace, and the seeking and assaulting him there. Skene de Verb. Sign.; 2 Forb. Inst 139.
The crime of housebreaking or burglary. 4 Bl. Comm. 223.
HAMFABE. (Sax. From ham, a house.) In Saxon law. An assault made in a house; a breach of the peace in a private house.
HAMLET. A small village; a part or member of a vill. It is the diminutive of "ham," a village. Cowell. See Rex. v. Mor­ris, 4 Term, 552.
HAMMA. A close Joining to a house; a croft; a little meadow. Cowell.
HAMMER. Metaphorically, a forced sale or sale at public auction. "To bring to the hammer," to put up for sale at auction. "Sold under the hammer," sold by an officer of the law or by an auctioneer.
HAMSOCNE. In Saxon law. The right of security and privacy in a man's house. Du Cange. The breach of this privilege by a forcible entry of a house is breach of the peace. Du Cange.
HANAPER. A hamper or basket in which were kept the writs of the court of chancery relating to the business of a sub­ject, and their returns. 3 Bl. Comm. 49. According to others, the fees accruing on writs, etc., were there kept. Spelman; Du Cange.
—Hanaper-office. An office belonging to the common-law jurisdiction of the court of chan­cery, so called because all writs relating to the business of a subject, and their returns, were formerly kept in a hamper, in hanaperio. 5 & 6 Vict c 103. See Yates v. People, 6 Johns. (N. Y.) 363.
HAND. A measure of length equal to four inches, used in measuring the height of horses. A person's signature.
In old English law. An oath.
For the meaning of the terms "strong hand" and "clean hands," see those titles.
HAND DOWN. An appellate court is said to "hand down" its decision in a case, when the opinion is prepared and filed for transmission to the court below.
HAND-FASTING. In old English law. Betrothment
HAND-GRITH. In old English law. Peace or protection given by the king with his own hand.
HAND MONEY. Money paid in hand to bind a bargain; earnest money.
HANDBILIi. A written or printed no­tice displayed to inform those concerned of something to be done. People v. McLaugh­lin, 33 Misc. Rep. 691, 68 N. Y. Supp. 1108.
HANDBOROW. In Saxon law. A hand pledge; a name given to the nine pledges in a decennary or friborg; the tenth or chief, being called "headborow," (g. v.) So called as being an inferior pledge to the chief. Spelman.
HANDHABEND. In Saxon law. One having a thing in his hand; that is, a thief found having the stolen goods in his posses­sion. Jurisdiction to try such thief.
HANDSALE. 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 mutuant 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. 2 Bl. Comm. 448.
HANDSEL. Handsale, or earnest money.
HANDWRITING. The chirography of a person; the cast or form of writing pecul­iar to a person, including the size, shape, and style of letters, tricks of penmanship, and whatever gives individuality to his writ­ing, distinguishing it from that of other per­sons. In re Hyland's Will (Surr. Ct.) 27 N. Y. Supp. 963.
Anything written by hand; an instrument written by the hand of a person, or a speci­men of his writing.
Handwriting, considered under the law of evidence, includes not only the ordinary writing of one able to write, but also writ­ing done in a disguised hand, or in cipher, and a mark made by one able or unable to write. 9 Amer. & Eng. Enc. Law, 264. See Com. v. Webster, 5 Cush. (Mass.) 301, 52 Am. Dec. 711.
HANG. In old practice. To remain un­determined. "It has hung long enough; it is time it were made an end of." Holt, C. J., 1 Show. 77.
Thus, the present participle means pend-

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ing; during the pendency. "If the tenant alien, hanging the praecipe." Co. Litt. 266a.
HANGING. In criminal law. Suspen­sion by the neck; the mode of capital pun­ishment used in England from time imme­morial, and generally adopted in the United States. 4 Bl. Comm. 403.
—Hanging in chains. In atrocious cases it was at one time usual, in England, for the court to direct a murderer, after execution, to be hanged upon a gibbet in chains near the place where the murder was committed, a prac­tice quite contrary to the Mosaic law. (Deut. xxi. 23.) Abolished by 4 & 5 Wm. IV. c. 26. Wharton.
HANGMAN. An executioner. One who executes condemned criminals by hanging.
HANGWITE. In Saxon law. A fine for illegal hanging of a thief, or for allowing him to escape. Immunity from such fine. Du Cange.
HANSE. An alliance or confederation among merchants or cities, for the good or­dering and protection of the commerce of its members. An imposition upon merchandise. Du Cange.
—Hanse towns. The collective name of cer­tain German cities, including Lubeck, Ham­burg, and Bremen, which formed an alliance for the mutual protection and furtherance of their commercial interests, in the twelfth cen­tury. The powerful confederacy thus formed was called the "Hanseatic League." The league framed and promulgated a code of maritime law, which was known as the "Laws of the Hanse Towns," or Jus Hanseaticum Hariti-mum.—Hanse towns, laws of the. The maritime ordinances of the Hanseatic towns, first published in German at Lubeck, in 1597, and in May, 1614, revised and enlarged.—Han­seatic. Pertaining to a hanse or commercial alliance; but, generally, the union of the Hanse towns is the one referred to, as in the expres­sion the "Hanseatic League."
HANS GRAVE. The chief of a company; the head man of a corporation.
HANTELOD. In old European law. An arrest, or attachment. Spelman.
HAP. To catch. Thus, "hap the rent," "hap the deed-poll," were formerly used.
HAPPINESS. The constitutional right of men to pursue their "happiness" means the right to pursue any lawful business or vocation, in any manner not inconsistent with the equal rights of others, which may increase their prosperity, or develop their faculties, so as to give to them their highest enjoyment. Butchers' Union Co. v. Crescent City Co., Ill U. S. 757, 4 Sup. Ct. 652, 28 L. Ed. 585; 1 Bl. Comm. 41. And see Eng­lish v. English, 32 N. J. Eq. 750.
HAQUE. In old statutes. A hand-gun, about three-quarters of a yard long. Bl.Law Dict.(2d Ed.)—36
HARACIUM. In old English law. A race of horses and mares kept for breed; a stud. Spelman.
HARBINGER. In England, an officer of the royal household.
HARBOR, v. To receive clandestinely and 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. Jones v. Van Zandt, 5 How. 215, 227, 12 L. Ed. 122. A distinction has been taken, in some decisions, between "harbor" and "con­ceal." A person may be convicted of har­boring a slave, although he may not have concealed her. McElhaney v. State, 24 Ala. 71.
HARBOR, n. A haven, or a space ot deep water so sheltered by the adjacent land as to afford a safe anchorage for ships. Rowe v. Smith, 51 Conn. 271, 50 Am. Rep. 16; The Aurania (D. C.) 29 Fed. 103; Peo­ple v. Kirsch, 67 Mich. 539, 35 N. W. 157.
"'Port" is a word of larger import than "har­bor," since it implies the presence of wharves, or at any rate the means and opportunity of receiving and discharging cargo.
—Harbor authority. In England a harbor authority is a body of persons, corporate or unincorporate, being proprietors of, or intrust­ed with the duty of constructing, improving,. managing, or lighting, any harbor. St. 24 & 25 Vict. c. 47.—Harbor line. A line marking the boundary of a certain part of a public wa­ter which is reserved for a harbor. Engs v. Peckham, 11 R. I. 224.
HARD LABOR. A punishment, addi­tional to mere imprisonment, sometimes im­posed upon convicts sentenced to a peniten­tiary. But the labor is not, as a rule, any harder than ordinary mechanical labor. Brown v. State, 74 Ala. 483.
HARD MONEY. Lawful coined money. Henry v. Bank of Salina, 5 Hill (N. Y.) 523, 536.
HARDHEIDIS. In old Scotch law. Lions; coins formerly of the value of three half-pence. 1 Pitc. Crim. Tr. pt. 1, p. 64, note.
HARDSHIP. The severity with which a proposed construction of the law would bear upon a particular case, founding, sometimes, an argument against such construction, which is otherwise termed the "argument ab inconvenienti."
HARMLESS ERROR. See Error.
HARNASCA. In old European law. The defensive armor of a man; harness. Spelman.
HARNESS. All warlike instruments; also the tackle or furniture of a ship.

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HARO, HARRON. Fr. In Norman and early English law. An outcry, or hue and ery after felons and malefactors. Cowell.
HARRIOTT. The old form of "heriot," (q. v.) Williams, Seis. 203.
HART. A stag or male deer of the forest five years old complete.
HASP AND STAPLE. In old Scotch la'w. The form of entering an heir in a sub­ject situated within a royal borough. It consisted of the heir's taking hold of the hasp and staple of the door, (which was the symbol of possession,) with other formali­ties. Bell; Burrill.
HASPA. In old English law. The hasp of a dofir; by which livery of seisin might anciently be made, where there was a house on the premises.
HASTA. Lat. A spear. In the Roman law, a spear was the sign of a public sale of goods or sale by auction. Hence the phrase "hastce subjicere" (to put under the spear) meant to put up at auction. Calvin.
In feudal law. A spear. The symbol used in making investiture of a fief. Feud. lib. 2, tit. 2.
HAT MONEY. In maritime law. Pri­mage; a small duty paid to the captain and mariners of a ship.
HAUBER. O. Fr. A high lord; a great baron. Spelman.
HAITGH, or HOWGH. A green plot in a valley.
HAUL. The use of this word, instead of the statutory word "carry," in an indict­ment charging that the defendant "did felo­niously steal, take, and haul away" certain personalty, will not render the indictment bad, the words being in one sense equiva­lent. Spittorff v. State, 108 Ind. 171, 8 N. B. 911.
HAUR. In old English law. Hatred. Leg. Wm. I. c. 16; Blount.
HAUSTUS. Lat. In the civil law. A species of servitude, consisting in the right to draw water from another's well or spring, in which the iter, (right of way to the well or spring,) so far as it is necessary, is tacit­ly included. Dig. 8, 3, 1; Mackeld. Rom. Law, § 318.
HAUT CHEMIN. L. Fr. Highway. Yearb. M. 4 Hen. VI. 4.
HAUT ESTRET. L. Fr. High street; highway. Yearb. P. 11 Hen. VI. 2.
HAUTHONER. In old English law. A man armed with a coat of mail. Jacob.
HAVE. Lat A form of the salutatory expression "Ave" used in the titles of some of the constitutions of the Theodosian and Justinianean codes. See Cod. 7, 62, 9; Id. 9, 2, 11.
HAVE. To possess corporally. "No one, at common law, was said to have or to be in possession of land, unless it were con­veyed to him by the livery of seisin, which gave him the corporal investiture and bod­ily occupation thereof." Bl. Law Tracts, 113.
—Have and hold. A common phrase in con­veyancing, derived from the habendum et teiir endum of the old common law. See Haben­dum et Tenendum.
HAVEN. A place of a large receipt and safe riding of ships, so situate and secured by the land circumjacent that the vessels thereby ride and anchor safely, and are pro­tected by the adjacent land from dangerous or violent winds; as Milford Haven, Plym­outh Haven, and the like. Hale de Jure Mar. par. 2, c. 2. And see Lowndes v. Board of Trustees, 153 U. S. 1, 14 Sup. Ct. 758, 38 L. Ed. 615; De Longuemere v. New York Ina Co., 10 Johns. (N. Y.) 125(a); De Lovio v. Boit, 7 Fed. Cas 429.
HAW. A small parcel of land so called in Kent; houses. Co. Litt. 5.
HAWBERK. A coat or shirt of mail; hence, derivatively (in feudal law) one who held a fief on the duty or service of provid­ing himself with such armor and standing ready, thus equipped, for military service when "called on. Wharton.
HAWGH, HOWGH. In old English law. A valley. Co. Litt. 56.
HAWKER. A trader who goes from place to place, or' along the streets of a town, selling the goods which he carries with him.
It is perhaps not essential to the idea, but is generally understood from the word, that a hawker is to be one who not only carries goods for sale, but seeks for purchasers, either by outcry, which some lexicographers conceive as intimated by the derivation of the word, or by attracting notice and attention to them, as goods for sale, by an actual exhibition or ex­posure of them, by placards or labels, or by a conventional signal, like the sound of a horn for the sale of fish. Com. v. Ober, 12 Cush. (Mass.) 495. And see Graffty v. Rushville, 107 Ind. 502, 8 N. EL 609, 57 Am. Rep. 128; Clem­ents v. Casper, 4 Wyo. 494, 35 Pac. 472; Hall v. State, 39 Fla. 637, 23 South. 119.
HAY-BOTE. Another name for "hedge-bote," being one of the estovers allowed to a tenant for life or years, namely, material for repairing the necessary hedges or fences of his grounds. 2 BL Comm. 35; 1 Washb. Real Prop. 129.
HAYWARD. In old English law. An officer appointed in the lord's court to keep

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a common herd of cattle of a town; so call­ed because he was to see that they did not break or Injure the hedges of inclosed grounds. His duty was also to impound trespassing cattle, and to guard against pound-breaches. Kitch. 46; Cowell. Adams r. Nichols, 1 Aikens (Vt.) 319.
HAZARD.- 1. In old English law. An
unlawful game at dice, those who play at it being called "hazardors." Jacob.
2.In modern law. Any game of chance or wagering. Cheek v. Com., 100 Ky. 1, 37 S. W. 152; Graves v. Ford, 3 B. Mon. (Ky.) 113; Somers v. State, 5 Sneed (Tenn.) 438.
3.In insnrance law. The risk, danger, or probability that the event insured against may happen, varying with the circumstances of the particular case. See State Ins. Co. r. Taylor, 14 Colo. 499, 24 Pac. 333, 20 An. St. Rep. 281.
—Moral hazard. In fire insurance. The risk or danger of the destruction of the insured property by fire, as measured by the charac­ter and interest of the insured owner, his hab­its as a prudent and careful man or the re­verse, his known integrity or his bad reputa­tion, and the amount of loss he would suffer by the destruction of the property or the gain he would make by suffering it to burn and col­lecting the insurance. See Syndicate Ins. Co. v. Bohn. 65 Fed. 170, 12 C. a A. 531, 27 L. R. A. 614.
HAZARDOUS. Exposed to or involving danger; perilous; risky.
The terms "hazardous," "extra-hazard­ous," "specially hazardous," and "not haz­ardous" are well-understood technical terms in the business of insurance, having distinct and separate meanings. Although what goods are included in each designation may not be so known as to dispense with actual proof, the terms themselves are distinct and known to be so Russell v. Insurance Co., 50 Minn. 409, 52 N. W. 906; Pindar v. In­surance Co., 38 N. T. 365.
—Hazardous contract. See Contract.— Hazardons insnrance. Insurance effected on property which is in unusual or peculiar danger of destruction by fire, or on the life of a man whose occupation exposes him to special or unusual perils.—Hazardous negligence. See Negligence.
HE. The use of this pronoun in a writ­ten instrument, in referring to a person whose Christian name is designated therein by a mere initial, is not conclusive that the person referred to is a male; it may be shown by parol that the person intended is a female. Berniaud v. Beecher, 71 Cal. 38, 11 Pac. 802.
He who has committed iniquity shall not have equity. Francis, Max.
He who seeks equity must do equity.
It is in pursuance of this maxim that equity enforces the right of the wife's equity to a settlement Snell, Eq. (5th Ed.) 374.
HEAD. Chief; leading; principal; the upper part or principal source of a stream.
—Head money. A sum of money reckoned at a fixed amount for each head (person) in a des-ignated class. Particularly (1) a capitation or poll tax. (2) A bounty offered by the laws of the United States for each person on board an enemy's ship or vessel, at the commencement of a naval engagement, which shall be sunk qr destroyed by a ship or vessel of the United States of equal or inferior force, the same to be divided among the officers and crew in the same manner as prize money. In re Farragut, 7 D. C. 97. A similar reward is offered by the British statutes. (3) The tax or duty imposed by act of congress of Aug. 3, 1882, on owners of steamships and sailing vessels for every im­migrant brought into the United States. Head Money Cases, 112 U. S. 580, 5 Sup. Ct. 247, 28 L. Ed. 798. (4) A bounty or reward paid to one who pursues and kills a bandit or out­law and produces his head as evidence; the offer of such a reward being popularly called "putting a price on his head."—Head of creek. This term means the source of the longest branch, unless general reputation has given the appellation to another. Davis v. Bryant, 2 Bibb (Ky.) 110.—Head of department. In the constitution and laws of the United States, the heads of departments are the officers at the head of the great executive departments of government (commonly called "the cabinet") such as the secretary of state, secretary of the interior, attorney general, postmaster general, and so on, not including heads of bureaus. U. S. v. Mouatt, 124 U. S. 303, 8 Sup. Ct. 505, 31 L. Ed. 463; U. S. v. Germaine, 99 U. S. 511, 25 L. Ed. 482.—Head of a family. A term used in homestead and exemption laws to designate a person who maintains a family; a householder. Not necessarily a husband or father, but any person who has charge of, su­pervises, and manages the affairs of the house­hold or the collective body of persons residing together and constituting the family. See Dun­can v. Frank, 8 Mo App. 289; Jarboe v. Jar-boe, 106 Mo. App. 459. 79 S. W. 1163; Wha-len v. Cadman. 11 Iowa. 227; Brokaw v. Ogle, 170 111. 115, 48 N. E 394; Bennett v. Georgia Trust Co., 106 Ga. 578, 32 S. E. 625.—Head of stream. The highest point on the stream which furnishes a continuous stream of water, not necessarily the longest fork or prong. Uhl v. Reynolds, 64 S W. 498. 23 Ky. Law Rep. 759; State v. Coleman, 13 N. J. Law, 104.— Head of water. In hydraulic engineering, mining, etc., the effective force of a body or volume of water, expressed in terms of the vertical distance from the level of the water in the pond, reservoir, dam, or other source of supply, to the point where it is to be mechan­ically applied, or expressed in terms of the pressure of the water per square inch at the latter point. See Shearer v. Middleton, 88 Mich. 621, 50 N. W. 737; Cargill v. Thomp­son, 57 Minn. 534. 59 N. W. 638.
HEADBOROUGH. In Saxon law. The head or chief officer of a borough; chief of the frankpledge tithing or decennary. This office was afterwards, when the petty con-stableship was created, united with that of­fice.
HEAD-COURTS. Certain tribunals in Scotland, abolished by 20 Geo. II. e. 50. Ersk, 1, 4, 5.
HEADLAND. In old English law. A narrow piece of unplowed land left at the end of a plowed field for the turning of the plow. Called, also, "butt"

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HEAD-NOTE. A syllabus to a reported case; a summary of the points decided in the case, which is placed at the head or be­ginning of the report.
HEAD-PENCE. An exaction of 40d. or more, collected by the sheriff of Northum­berland from the people of that county twice in every seven years, without account to the king. Abolished In 1444. Cowell.
HEADRIGHT CERTIFICATE. In the
laws of the republic of Texas, a certificate issued under authority of an act of 1839, which provided that every person immigrat­ing to the republic between October 1, 1837, and January 1, 1840, who was the head of a family and actually resided within the government with his or her family should be entitled to a grant of 640 acres of land, to be held under such a certificate for three years, and then conveyed by absolute deed to the settler, if in the mean time he had resided permanently within the republic and performed all the duties required of citi­zens. Cannon v. Vaughan, 12 Tex. 401; Turner v. Hart, 10 Tex. 441.
HEAFODWEARD. In old English law. One of the services to be rendered by a thane, but in what it consisted seems un­certain.
HEAIiGEMOTE. In Saxon law. A court-baron; an ecclesiastical court.
HEALSFANG. In Saxon law. A sort of pillory, by which the head of the culprit was caught between two boards, as feet are caught in a pair of stocks. Cowell.
HEAIiER. One who heals or cures; spe­cifically, one who professes to cure bodily diseases without medicine or any material means, according to the tenets and prac­tices of so-called "Christian Science," whose beliefs and practices, being founded on their religious convictions, are not per se proof of insanity. In re Brush's Will, 35 Misc. Bep. 689, 72 N. Y. Supp. 425.
HEADING ACT. Another name for a curative act or statute. See Lockhart v. Troy, 48 Ala. 584.
HEALTH. Freedom from sickness or suffering. The right to the enjoyment of health is a subdivision of the right of per­sonal security, one of the absolute rights of persons. 1 Bl. Oomm. 129, 134. As to in­juries affecting health, see 3 Bl. Comm. 122.
—Bill of health. See Bill.—Board of health. See Board.—Health laws. Laws prescribing sanitary measures, and designed to promote or preserve the health of the commu­nity.—Health officer. The officer charged with the execution and enforcement of health laws. The powers and duties of health officers
are regulated by local laws.—Public health,
As one of the objects of the police power of the state, the "public health" means the pre­vailingly healthful or sanitary condition of the general body of people or the community in mass, and the absence of any general or wide­spread disease or cause of mortality.
HEALTHY. Free from disease or bodily ailment, or any state of the system pecu­liarly susceptible or liable to disease or bod­ily ailment Bell v. Jeffreys, 35 N. C. 356.
HEARING. In equity practice. The
hearing of the arguments of the counsel for the parties upon the pleadings, or pleadings and proofs; corresponding to the trial of an action at law.
The word "hearing" has an established mean­ing as applicable to equity cases. It means the same thing in those cases that the word "trial" does in cases at law. And the words "final hearing" have long been used to designate the trial of an equity case upon the merits, as dis­tinguished from the hearing of any preliminary questions arising in the cause, and which are termed "interlocutory." Akerly v. Vilas, 24 Wis. 171, 1 Am. Rep. 166.
In criminal law. The examination of a prisoner charged with a crime or misde­meanor, and of the witnesses for the ac­cused. —Final hearing. See Final.
HEARSAY. A term applied to that spe­cies of testimony given by a witness who relates, not what he knows personally, but what others have told him, or what he has heard said by others. Hopt v. Utah, 110 U. S. 574, 4 Sup. Ct. 202, 28 L. Ed. 262; Morell v. Morell, 157 Ind. 179, 60 N. E. 1092; Stockton v. Williams, 1 Doug. (Mich.) 570; People v. Kraft, 91 Hun, 474, 36 N. Y. Supp. 1034.
Hearsay evidence is that which does not derive its value solely from the credit of the witness, but rests mainly on the veracity and competency of other persons. The very nature of the evidence shows its weakness, and it is admitted only in specified cases from necessity. Code Ga. 1882, § 3770; 1 Phil. Ev. 185.
Hearsay evidence is second-hand evidence, as distinguished from original evidence; it is the repetition at second-hand of what would be original evidence if given by the person who originally made the statement
HEARTH MONEY. A tax levied in England by St. 14 Car. II. c. 10, consisting of two shillings on every hearth or stove In the kingdom. It was extremely unpopular, and was abolished by 1 W. & M. St. 1, c. 10. This tax was otherwise called "chim­ney money."
HEARTH SILVER. In English law. A species of modus or composition for tithes. Anstr. 323, 326.
HEAT OF PASSION. In criminal law. A state of violent and uncontrollable rage

HEAVE TO
565
HEIR

engendered by a blow or certain other provo­cation given, which will reduce a homicide from the grade of murder to that of man­slaughter. A state of mind contradistin­guished from a cool state of the blood. State v. Wieners, 66 Mo. 25; State v. Andrew, 76 Mo. 101; State v. Seaton, 106 Mo. 198, 17 S. W. 171; State v. Bulling, 105 Mo. 204, 15 S. W. 367.
HEAVE TO. In maritime parlance and admiralty law. To stop a sailing vessel's headway by bringing her head "into the wind," that is, in the direction from which the wind blows. A steamer is said to be "hove to" when held in such a position that she takes the heaviest seas upon her quar­ter. The Hugo (D. 0.) 57 Fed. 411.
HEBBERMAN. An unlawful fisher in the Thames below London bridge; so called because they generally fished at ebbing tide or water. 4 Hen. VII. c. 15; Jacob.
HEBBERTHEF. In Saxon law. The privilege of having the goods of a thief, and the trial of him, within a certain liberty. Oowell.
HEBBING-WEARS. A device for catch­ing fish in ebbing water. St. 23 Hen. VIII. c. 5.
HEBDOMADIUS. A week's man; the canon or prebendary in a cathedral church, who had the peculiar care of the choir and the offices of it for his own week. Cowell.
HECCAGrUM. In .feudal law. Blent paid to a lord of the fee for a liberty to use the engines called "hecks."
HECK. An engine to take fish in the river Ouse. 23 Hen. VIII. c. 18.
HEDA. A small haven, wharf, or land­ing place.
HEDAGIUM. Toll or customary dues at the hithe or wharf, for landing goods, etc., from which exemption was granted by the crown to some particular persons and societies. Wharton.
HEDGE-BOTE. An allowance of wood for repairing hedges or fences, which a ten­ant or lessee has a right to take off the land let or demised to him. 2 Bl. Comm. 35.
HEDGE-PRIEST. A vagabond priest in olden time.
HEGEMONY. The leadership of one among several independent confederate states.
HEGIRA. The epoch or account of time nsed by the Arabians and the Turks, who begin their computation from the day that Mahomet was compelled to escape from
Mecca, which happened on Friday, July 16, A. D. 622, under the reign of the Emperor Heraclius. Wharton.
HEGUMENOS. The leader of the monks in the Greek Church.
HEIFER. A young cow which has not had a calf. 2 East, P. O. 616. And see State v. McMinn, 34 Ark. 162; Mundell v. Hammond, 40 Vt. 645.
HEIR. At conunon law. A person who succeeds, by the rules of law, to an estate in lands, tenements, or hereditaments, upon the death of his ancestor, by descent and right of relationship. Hoover v. Smith, 96 Md. 393, 54 Atl. 102; Fletcher v. Holmes, 32 Ind. 510; Sewall v. Roberts, 115 Mass. 268; Dodge's Appeal, 106 Pa. 216, 51 Am. Rep. 519; Howell v. Gifford, 64 N. J. Eq. 180, 53 Atl. 1074.
The term "heir" has a very different significa­tion at common law from what it has in those states and countries which have adopted the civil law. In the latter, the term is indis­criminately applied to all persons who are call­ed to the succession, whether by the act of the party or by operation of law. The person who is created universal successor by a will is called the "testamentary heir;" and the next of kin by bloood is, in cases of intestacy, call­ed the "heir at law," or "heir by intestacy." The executor of the common law in many re­spects corresponds to the testamentary heir of the civil law. Again, the administrator in many respects corresponds with the heir by in­testacy. By the common law, executors and administrators have no right except to the per­sonal estate of the deceased; whereas the heir by the civil law is authorized to administer both the personal and real estate. Story, Confl. Laws, §§ 57, 508.
In the civil law. A universal successor in the event of death. He who actively or passively succeeds to the entire property or estate, rights and obligations, of a decedent, and occupies his place.
The term "heir" has several significations. Sometimes it refers to one who has formally ac­cepted a succession and taken possession there­of; sometimes to one who is called to succeed, but still retains the faculty of accepting or re­nouncing, and it is frequently used as ap­plied to one who has formally renounced. Mumford v. Bowman, 26 La. Ann. 417.
In Scotch law. The person who suc­ceeds to the heritage or heritable rights of one deceased. 1 Forb. Inst. pt. 3, p. 75. The word has a more extended signification than in English law, comprehending not only those who succeed to lands, but successors to personal property also. Wharton.
—Heir apparent. An heir whose right of in­heritance is indefeasible, provided he outlive the ancestor; as in England the eldest son, or his issue, who must, by the course of the com­mon law, be heir to the father whenever he happens to die. 2 Bl. Comm. 208; 1 Steph Comm. 358; Jones v. Fleming, 37 Hun (N. Y.) 230.—Heir at law. He who, after his an­cestor's death intestate, has a right to inherit all lands, tenements, and hereditaments which belonged to him or of which he was seised. The same as "heir general." Forrest v. Porch, 100 Tenn. 391, 45 S. W. 676; In re Aspden's

HEIR
HEIR

Estate, 2 Fed. Cas. 42; McKinney v. Stew­art, 5 Kan. 394.—Heir beneficiary. In the civil law. One who has accepted the succession under the benefit of an inventory regularly made. Heirs are divided into two classes, ac­cording to the manner in which they accept the successions left to them, to-wit, unconditional and beneficiary heirs. Unconditional heirs are those who inherit without any reservation, or without making an inventory, whether their acceptance be express or tacit. Beneficiary heirs are those who have accepted the succes­sion under the benefit of an inventory regularly made. Civ. Code La. art. 881.—Heir by adop­tion. An adopted child, "who is in a limited sense made an heir, not by the law, but by the contract evidenced by the deed of adoption." In re Sessions' Estate, 70 Mich. 297, 38 N. W. 249, 14 Am. St. Rep. 500.—Heir by custom. In English law. One whose right of inheritance depends upon a particular and local custom, such as gavelkind, or borough English. Co. Lift. 140.—Heir by devise. One to whom lands are devised by will; a devisee of lands. Answering to the hceres factus (q. v.) of the civil law.—Heir collateral. One who is not lineally related to the decedent, but is of col­lateral kin; e. g., his uncle, cousin, brother, nephew.—Heir conventional. In the civil law. One who takes a succession by virtue of a contract or settlement entitling him thereto. —Heir, forced. One who cannot be disinher­ited. See Fobced Heibs.—Heir general. An heir at law. The ordinary heir by blood, suc­ceeding to all the lands. Forrest v. Porch, 100 Tenn. 391, 45 S. W. 676.—Heir institute. In Scotch law. One to whom the right of suc­cession is ascertained by disposition or ex­press deed of the deceased. 1 Forb. Inst. pt. 3, p. 75.—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 La. art. 874. When there are no direct or collateral relatives surviving the decedent, and the succession consequently devolves upon the surviving husband or wife, or illegitimate children, or the state, it is called an "irreg­ular succession."—Heir, legal. In the civil law. A legal heir is one who takes the suc­cession by relationship to the decedent and 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 Civ. Code La. arts. 873, 875. The term is also used in Anglo-American law in substan­tially the same sense, that is, the person to whom the law would give the decedent's prop­erty, real and personal, if he should die in­testate. Kaiser v. Kaiser, 3 How. Prac. N. S. (N. Y.) 105; Waller v. Martin. 106 Tenn. 341, 61 S. W. 73, 82 Am St. Rep. 882 —Heir, male. In Scotch law. An heir institute, who, though not next in blood to the deceased, is his nearest male relation that can succeed to him. 1 Forb. Inst. pt. 3, p. 76. In English law, the nearest male blood-relation of the de­cedent, unless further limited by the words "of his body," which restrict the inheritance to sons, grandsons, and other male descendants in the right line. See Jordan v. Adams, 6 C. B (N S) 764; Goodtitle v. Herring, 1 East. 275; Ewan v. Cox, 9 N. J. Law, 14.—Heir of conquest. In Scotch law One who succeeds to the deceased in conquest, i e., lands or other heritable rights to which the deceased neither did nor could succeed as heir to his predeces­sor.—Heir of line. In Scotch law. One who succeeds lineally by right of blood; one who succeeds to the deceased in his heritage; i. e., lands and other heritable rights derived to him by succession as heir to his predecessor. 1 Forb. Inst. pt. 3, p. 77.—Heir of provision. In Scotch law. One who succeeds as heir by virtue or a particular provision in a deed or instrument.—Heir of tailzie. In Scotch law. He on, whom an estate is settled that would not
have fallen to him by legal succession. 1 Forb. Inst, pt 3, p. 75.—Heir of the blood. An in­heritor who suceeds to the estate by virtue of consanguinity with the decedent, either in the ascending or descending line, including illegiti­mate children, but excluding husbands, wives, and adopted children. Hayden v. Barrett, 172 Mass. 472, 52 N. E. 530, 70 Am. St Rep. 295; Baltimore & O R. Co. v. Patterson, 68 Md. 606, 13 Atl. 369.—Heir of the body. An heir begotten or borne by the person re­ferred to, or a child of such heir; any lineal descendant of the decedent, excluding a surviv­ing husband or wife, adopted children, and* collateral relations. Black v. Cartmell, 10 B. Moa. (Ky.) 193; Smith v. Pendell, 19 Conn. 112, 48 Am. Dec. 146; Balch v. Johnson, 106 Tenn. 249, 61 S. W. 289; Clarkson v. Hatton, 143 Mo. 47, 44 S. W. 761, 39 L. R. A. 748. 65 Am St. Rep. 635; Houghton v. Kendall, 7 Allen (Mass.) 72; Roberts v. Ogbourne, 37 Ala. 178.—Heir presumptive. The person who, if the ancestor should die immediately, would, in the present circumstances of things, be his heir, but whose right of inheritance' may be defeated by the contingency of some nearer heir being born; as a brother or nephew, whose presumptive succession may be destroyed by the birth of a child. 2 BI. Comm. 208; 1 Steph. Comm. 358; Jones v. Fleming, 37 Hun (N. Y.) 230.—Heir special. In English law. The issue in tail, who claims per formam doni; by the form of the gift—Heir substitute, in a bond. In Scotch law. He to whom a bond is payable expressly in case of the creditor's decease, or after his death. 1 Forb. Inst. pt. 3, p. 76.—Heir testamentary. In the civil law. One who is named and appointed heir in the testament of the decedent. This name dis­tinguishes him from a legal heir, (one upon whom the law casts the succession,) and from a conventional heir, (one who takes it by virtue of a previous contract or settlement.)—Heir unconditional. In the civil law. One who inherits without any reservation, or without making an inventory, whether his acceptance be express or tacit. Distinguished from heir oene-fictary.—Joint heirs. Co-heirs. The term is also applied to those -who are or will be heirs to both of two designated persons at the death of the survivor of them, the word "joint" being here applied to the ancestors rather than the heirs. See Gardiner v. Fay, 182 Mass. 492, 65 N. E» 825.—Lawful heirs. In a general sense, those whom the law recognizes as the heirs of a decedent, but in a special and tech­nical sense, lineal descendants only. Abbott v. Essex Co, 18 How. 215. 15 L. Ed. 352; Rollins v. Keel, 115 N. C. 68, 20 S. E. 209; Conger v. Lowe, 124 Ind. 368, 24 N. E. 889; 9 L. R. A 165; Moody v. Snell, 81 Pa. 362.— Legitimate heirs. Children born in lawful wedlock and their descendants, not including collateral heirs or issue in indefinite succession. Lytle v. Beveridge, 58 N. Y. 605; Pnndle v. Beveridge, 7 Lans. (N. Y.) 231.—Natural heirs. Heirs by consanguinity as distin­guished from heirs by adoption, and also as distinguished from collateral heirs. Ludlum v. Otis, 15 Hun (N. Y.) 414; Smith v. Pendell, 19 Conn. 112, 48 Am. Dec. 146; Miller v. Church­ill, 78 N. C. 372; Markover v. Krauss, 132 Ind. 294, 31 N. E. 1047, 17 L. R. A. 806.— Right heir. This term was formerly used, in the case of estates tail, to distinguish the preferred heir, to whom the estate was limited, from the heirs in general, to whom, on the fail­ure of the preferred heir and his line, the re­mainder over was usually finally limited. With the abolition of estates tail, the term has fallen into desuetude, but when still used, in modern law, it has no other meaning than "heir at law." Brown v. Wadsworth. 168 N. Y. 225. 61 N. E. 250; Ballentine v. Wood, 42 N. J. Eq. 552, 9 Atl. 582; McCrea's Estate, 5 Pa. Dist. R. 449.

HEIR-LOOMS
567
HEPTARCHY

HEIK-IiOOMS. Such goods and chat­tels as, contrary to the nature of chattels, shall go by special custom to the heir along with the inheritance, and not to the ex­ecutor. The termination "loom" (Sax.) sig­nifies a limb or member; so that an heir­loom is nothing else but a limb or member of the inheritance. They are generally such things as cannot be taken away without damaging or dismembering the freehold; such as deer in a park, doves in a cote, deeds and charters, etc. 2 Bl. Comm. 427.
HEIRDOM. Succession by inheritance.
HEIRESS. A female heir to a person having an estate of inheritance. When there are more than one, they are called "co-heir­esses," or "co-heirs."
HEIRS. A word used In deeds of convey­ance, (either solely, or in connection with others,) where it is Intended to pass a fee.
HEIRSHIP. The quality or condition of being heir, or the relation between the heir and his ancestor.
HEIRSHIP MOVABLES. In Scotch law. The movables which go to the heir, and not to the executor, that the land may not go to the heir completely dismantled, such as the best of furniture, horses, cows, etc., but not fungibles. Bell.
HELL. The name formerly given to a place under the exchequer chamber, where the king's debtors were confined. Rich. Diet.
HEIjM. Thatch or straw; a covering for the head in war; a coat of arms bearing a crest; the tiller or handle of the rudder of a ship.
HELOWE-WALL. The end-wall cover­ing and defending the rest of the building. Paroch. Antiq. 573.
HELSING. A Saxon brass coin, of the value of a half-penny.
HEMIPLEGIA. In medical jurispru­dence. Unilateral paralysis; paralysis of one side of the body, commonly due to a lesion in the brain, but sometimes originating from the spinal cord, as in "Brown-Sequard's paral­ysis," unilateral paralysis with crossed an-wsthesia. In the cerebral form, the hemi­plegia is sometimes "alternate" or crossed, that is, occurring on the opposite side of the body from the initial lesion.
If the disease comes on rapidly or suddenly, it is called "quick" hemiplegia; if slowly or gradually, "chronic." The former variety is more apt to affect the mental faculties than the latter; "but, where hemiplegia is complete, the operations of the mind are generally much im­paired. See Baughman v. Baughman, 32 Kan. 538, 4 Pac. 1003.
HEMOLDBORH, or HELMELBORCH.
A title to possession. The admission of this
old Norse term into the laws of the Con­queror is difficult to be accounted for; it is not found in any Anglo-Saxon law extant. Wharton.
HENCEFORTH. A word of futurity, which, as employed in legal documents, stat­utes, and the like, always imports a con­tinuity of action or condition from the pres­ent time forward, but excludes all the past Thomson v. American Surety Co., 170 N. Y. 109, 62 N. E. 1073; Opinion of Chief Justice, 7 Pick. (Mass.) 128, note.
HENCHMAN. A page; an attendant; a herald. See Barnes v. State, 88 Md. 347, 41 Atl. 781.
HENEDPENNY. A customary payment of money instead of hens at Christmas; a composition for eggs. Cowell.
HENFARE. A fine for flight on account of murder. Domesday Book.
HENGHEN. In Saxon law. A prison, a gaol, or house of correction.
HENGWYTE. Sax. In old English law. An acquittance from a fine for hanging a thief. Fleta, lib. 1, c. 47, § 17.
HENRICUS VETUS. Henry the Old, or Elder. King Henry I. is so called in an­cient English chronicles and charters, to dis­tinguish him from the subsequent kings of that name. Spelman.
HEORDF.KTE, or HUDEF^ST. In
Saxon law. A master of a family, keeping house, distinguished from a lower class of freemen, viz., folgeras, (Jolgarii,) who had no habitations of their own, but were house-retainers of their lords.
HEORDPENNY. Peter-pence, iq. v.)
HEORDWERCH. In Saxon law. The service of herdsmen, done at the will of their lord.
HEPTARCHY. A government exercised by seven persons, or a nation divided into seven governments. In the year 560, seven different monarchies had been formed in England by the German tribes, namely, that of Kent by the Jutes; those of Sussex, Wes-sex, and Essex by the Saxons; and those of East Anglia, Bernicia, and Deira by the An­gles. To these were added, about the year 586, an eighth, called the "Kingdom of Mer-cia," also founded by the Angles, and com­prehending nearly the whole of the heart of the kingdom. These states formed what has been designated the "Anglo-Saxon Octarchy," or more commonly, though not so correctly, the "Anglo-Saxon Heptarchy,",from the cus­tom of speaking of Deira and Bernicia under the single appellation of the "Kingdom of Northumberland." Wharton.

HERALD
568
HEREDITAGIUM

HERALD. In ancient law, a herald was a diplomatic messenger who carried messages between kings or states, and especially proc­lamations of war, peace, or truce. In Eng­lish law, a herald is an officer whose duty is to keep genealogical lists and tables, ad­just armorial bearings, and regulate the cer­emonies at royal coronations and funerals.
—Heralds' College. In England. An ancient royal corporation, first instituted by Richard III. in 1483. It comprises three kings of arms, six heralds, and four marshals or pursuivants of arms, together with the earl marshal and a secretary. The heralds' books, compiled when progresses were solemnly and regularly made into every part of the kingdom, to inquire into the state of families, and to register such mar­riages and descents as were verified to them up­on oath, are allowed to be good evidence of pedigrees. The heralds' office is still allowed to make grants of arms and to permit change of names. 3 Starkie, Ev. 843; Wharton.
HERALDRY. The art, office, or science of heralds. Also an old and obsolete abuse of buying and selling precedence in the pa­per of causes for hearing.
HERBAGE. In English law. An ease­ment or liberty, which consists in the right to pasture cattle on another's ground.
Feed for cattle in fields and pastures. Bract, fol. 222; Co. Litt 46; Shep. Touch. 97. A right to herbage does not include a right to cut grass, or dig potatoes, or pick apples. Simpson v. Coe, 4 N. H. 303.
HERBAGIUM ANTERITJS. The first crop of grass or hay, in opposition to after­math or second cutting. Paroch. Antiq. 459.
HEBBEN6EB, or HARBINGER. An
officer in the royal house, who goes before and allots the noblemen and those of the household their lodgings; also an innkeeper.
HERBERGAGIUM. Lodgings to receive guests in the way of hospitality. Cowell.
HERBERGARE. To harbor; to enter­tain.
HERBERGATUS. Harbored or enter­tained in an inn. Cowell.
HERBERT, or HERBURY. An inn.
Cowell.
HERCIA. A harrow. Fleta, lib. 2, c. 77.
HERCIARE. To harrow. 4 Inst. 270.
HERCIATURA. In old English law. Harrowing; work with a harrow. Fleta, lib. 2, c. 82, § 2.
HERGISCUNDA. In the civil law. To be divided. Familia herciscunda, an inherit­ance to be divided. Actio families herds-cundw, an action for dividing an inheritance. Erciscunda is more commonly used in the civil law. Dig. 10, 2; Inst 3, 28, 4; Id. 4, 6, 20.
HERD, n. An indefinite number, more than a few, of cattle, sheep, horses, or other animals of the larger sorts, assembled and kept together as one drove and under one care and management. Brim v. Jones, IS Utah, 440, 45 Pac. 352.
HERD, v. To tend, take care of, manage, and control a herd of cattle or other animals, implying something more than merely driv­ing them from place to place. Phipps v» Grover, 9 Idaho, 415, 75 Pac. 65; Fry r» Hubner, 35 Or. 184, 57 Pac. 420.
HERDER. One who herds or has charge of a herd of cattle, in the senses above de­fined. See Hooker v. McAllister, 12 Wash. 46, 40 Pac. 617; Underwood v. Birdsell, 6 Mont. 142, 9 Pac. 922; Rev. Codes N. D» 1899, § 1544a.
HERDEWICH. A grange or place for cattle or husbandry. Mon. Angl. pt. 3.
HERDWERCH, HEORDWERCH.
Herdsmen's work, or customary labor, done by shepherds and inferior tenants, at the will of the lord. Cowell.
HEREAFTER. A word of futurity, al­ways used in statutes and legal documents as indicative of future time, excluding both the present and the past. Chapman v-Holmes, 10 N. J. Law, 26; Tremont & S. Mills v. Lowell, 165 Mass. 265, 42 N. E. 1134; Dobbins v. Cragin, 50 N. J. Eq. 640, 23 Atl. 172; Thomas v. Mueller, 106 111. 43.
HEREBANNUM. In old English law. A proclamation summoning the army into the field.
A mulct or fine for not joining the army when summoned. Spelman.
A tax or tribute for the support of the army. Du Cange.
HEREBOTE. The royal edict summon­ing the people to the field. Cowell.
HEREDAD. In Spanish law. A piece of land under cultivation; a cultivated farm, real estate; an inheritance or heirship.
—Heredad yacente. From Lat. "hwreditas jacens," (q. v.) In Spanish law. An inher­itance not yet entered upon or appropriated. White, New Recop. b. 2, tit. 19, c. 2, § 8.
HEREDERO. In Spanish law. Heir; hfr who, by legal or testamentary disposition, succeeds to the property of a deceased per­son. "Hceres censeatur cum defuncto una eademque persona." Las Partidas, 7, 9, 13; See Emeric v. Alvarado, 64 Cal. 529, 2 Pac 433.
HEREDITAGltTM. In Sicilian and Ne­apolitan law. That which is held by heredi­tary right; the same with hereditamentum-(hereditament) in English law, Spelman.

HEREDITAMENTS
569
HERISCHULDA

HEREDITAMENTS. Things capable of feeing 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, fry custom, may descend to the heir together with the land. Co. Litt. 56; 2 Bl. Comm. 17; Nellis v. Munson, 108 N. Y. 453, 15 N. •E. 739; Owens v. Lewis, 46 Ind. 508, 15 Am. Rep. 295; Whitlock v. Greacen, 48 N. J. Eq. 359, 21 Atl. 944; Mitchell v. Warner, 5 Conn. 497; New York v. Mabie, 13 N. Y. 159, 64 Am. Dec. 538.
The term includes a few rights unconnected with land, but it is generally used as the wid­est expression for real property of all kinds, and is therefore employed in conveyances after the words "lands" and "tenements, to include ?everything of the nature of realty which they <Io not cover. Sweet;
—Corporeal hereditaments. Substantial permanent objects which may be inherited. The term "land" will include all such. 2 Bl. Comm. 17; Whitlock v. Greacen, 48 N. J. Eq. 359, 21 Atl. 944; Cary v. Daniels, 5 Mete. (Mass.) 236; Gibbs v. Drew, 16 Fla. 147, 26 Am. Rep. 700.—Incorporeal hereditaments. Anything, the subject of property, which is in­heritable and not tangible or visible. 2 Woodd. Lect. 4. A right issuing out of a thing corpo­rate (whether real or personal) or concerning •or annexed to or exercisable within the same. 2 Bl. Comm. 20; 1 Washb. Real Prop. 10; Hegan v. Pendennis Club (Ky.) 64 S. W. 465; Whitlock v. Greacen, 48 N. J. Eq. 359, 21 Atl. 944; Stone v. Stone, 1 R. I. 428.
HEREDITARY. That which Is the sub­ject of Inheritance.
—Hereditary disease. One transmitted or transmissible from parent to child in conse­quence of the infection of the former or the presence of the disease in his system, and with­out exposure of the latter to any fresh source of infection or contagion.—Hereditary right to the crown. The crown of England, by the positive constitution of the kingdom, has ever been descendible, and so continues, in a course peculiar to itself, yet subject to limitation by parliament; but, notwithstanding such limita­tion, the crown retains its descendible quality, and becomes hereditary in the prince to whom it is limited. 1 Bl. Comm, 191.—Hereditary •accession. Inheritance by law; title by de­scent; the title whereby a person, on the death of his ancestor, acquires his estate as his heir at law. Barclay v. Cameron, 25 Tex. 241; In re Donahue's Estate, 36 Cal. 332.
HEREFARE. Sax. A going into or with an army; a going out to war, (profectio militaris;) an expedition. Spelman.
HEREGEAT. A heriot, (q. v.)
HEREGEIiD. Sax. In old English law. A tribute or tax levied for the maintenance of an army. Spelman.
HEREMITORIUM. A place of retire­ment for hermits. Mon. Angl. torn. 3, p. 18.
HEREBfONES. Followers of an army.
HERENACH. An archdeacon. CowelL
HERES. Heir; an heir. A form of hceres, very common in the civil law. See ELebes.
HERESCHIP. In old Scotch law. Theft or robbery. 1 Pita Crim. Tr. pt 2, pp. 26, 89.
HERESLITA, HERESSA, HERESSIZ.
A hired soldier who departs without license. 4 Inst 128.
HERESY. In English law. An offense against religion, consisting not in a total de­nial of Christianity, but of some of its essen­tial doctrines, publicly and obstinately avow­ed. 4 Bl. Comm. 44, 45. An opinion on divine subjects devised by human reason, openly taught, and obstinately maintained.
1 Hale, P. C. 384. This offense is now sub­
ject only to ecclesiastical correction, and is
no longer punishable by the secular law. 4
Steph. Comm. 233.
HERETOCH. A general, leader, or com­mander; also a baron of the realm. Du Fresne.
HERETOFORE. This word simply de­notes time past, in distinction from time present or time future, and has no definite and precise signification beyond this. An­drews v. Thayer, 40 Conn. 157.
HERETUM. In old records. A court or yard for drawing up guards or military retinue. Cowell.
HEREZELD. In Scotch law. A gift or present made or left by a tenant to his lord as a token of reverence. Skene.
HERGE. In Saxon law. Offenders who joined in a body of more than thirty-five to commit depredations.
HERIGAIiDS. In old English law. A sort of garment Cowell.
HERIOT. In English law. A customary tribute of goods and chattels, payable to the lord of the fee on the decease of the owner of the land.
Heriots are divided into heriot service and heriot custom. The former expression denotes such as are due upon a special reservation in a grant or lease of lands, and therefore amount to little more than a mere rent; the latter arise upon no special reservation whatever, but de­pend solely upon immemorial usage and custom.
2 Bl. Comm. 422; See Adams v. Morse, 51
Me. 501.
HERISCHTLD. In old English law. A species of military service, or knight's fee. Cowell.
HERISCHUXDA. In old Scotch law. A fine or penalty for not obeying the proclama­tion made for warfare. Skene.

HERISCINDIUM
570
HIDALGO

HERISCINDIUM. A division of house­hold goods. Blount.
HERISLIT. Laying down of arms. Blount. Desertion from the army. Spelman.
HERISTAL. The station of an army; the place where a camp is pitched. Spelman.
HERITABLE. Capable of being taken by descent. A term chiefly used in Scotch law, where it enters into several phrases.
—Heritable bond. A bond for a sum of money to which is added, for further security of the creditor, a conveyance of land or herit­age to be held by the creditor as pledge. 1 Ross, Conv. 76; 2 Ross, Con v. 324—Herit­able jurisdictions. Grants of criminal ju­risdiction formerly bestowed on great families in Scotland, to facilitate the administration of justice. Whishaw. Abolished in effect by St. 20 Geo. II. c. 50. Tomlins—Heritable obli­gation. In Louisiana. An obligation is herit­able when the heirs and assigns of one party may enforce the performance against the heir« of the other. Civ. Code La. art 1997.—Herit­able rights. In Scotch law. Rights of the heir; all rights to land or whatever is connect­ed with land, as mills, fishings, tithes, etc.
HERITAGE. In the civil law. Every species of immovable which can be the sub­ject of property; such as lands, houses, or­chards, woods, marshes, ponds, etc., in what­ever mode they may have been acquired, either by descent or purchase. 3 Toullier, no. 472.
In Scotch, law. Land, and all property connected with land; real estate, as distin­guished from movables, or personal estate. Bell.
HERITOR. In Scotch law. A propri­etor of land. 1 Karnes, Eq. Pref.
HERMANDAD. In Spanish law. A fra­ternity formed among different towns and villages to prevent the commission of crimes, and to prevent the abuses and vexations to which they were subjected by men in power. Bouvier.
HERMAPHRODITE. In medical juris­prudence. A person of doubtful or double sex; one possessing, really or apparently, and in more or less developed form, some or all of the genital organs of both sexes.
Hermaphroditus tarn masculo qnam foeminse comparator, secundum prseval-entiam sexus incalescentis. An her­maphrodite is to be considered male or female according to the predominance of the excit­ing sex. Co. Litt. 8; Bract fol. 5.
HERMENETJTICS. The science or art of construction and interpretation. By the phrase "legal hermeneutics" is understood the systematic body of rules which are recog­nized as applicable to the construction and interpretation of legal writings.
HERMER. A great lord. Jacob.
HERMOGENIAN CODE. See CODKX
Heemogenianus.
HERNESCUS. A heron. Cowell.
HERNESIUM, or HERNASITJM.
Household goods; implements of trade or husbandry; the rigging or tackle of a ship. Cowell.
HEROUD, HERATJD. L. Fr. A herald.
HERPEX. A harrow. Spelman.
HERPICATIO. In old English law. A day's work with a harrow. Spelman.
HERRING SILVER. This was a com­position in money for the custom of supply­ing herrings for the provision of a religious house. Wharton.
HERUS. Lat. A master. Servus facit ut herus det, the servant does [the work] in order that the master may give [him the wages agreed on.] Herus dat ut servus facit, the master gives [or agrees to give, the wages,] in consideration of, or with a view to, the servant's doing [the work.] 2 BL Comm. 445.
HE SI A. An easement. Du Cange.
HEST CORN. In old records. Corn or grain given or devoted to religious persons or purposes. 2 Mon. Angl. 367&; Cowell.
HESTA, or HESTHA. A little loaf of bread.
HZETJERARCHA. The head of a relig­ious house; the head of a college; the ward­en of a corporation.
HET^RIA. In Roman law. A company, society, or college.
HEUVEIiBORH. Sax. In old English law. A surety, (warrantus.)
HETLODE. In old records. A custom­ary burden upon inferior tenants, for mend­ing or repairing hays or hedges.
HEYMECTUS. A hay-net; a net for catching conies. Cowell.
HIBERNAGIUM. The season for sow­ing winter corn. Cowell.
HID AGE. An extraordinary tax former­ly payable to the crown for every hide of land. This taxation was levied,-not in mon­ey, but provision of armor, etc. Cowell.
HIDALGO. In Spanish law. A noble; a person entitled to the rights of nobility. By hidalgos are understood men chosen from

HIDALGUIA
571
HIGHWAY

good situations in life, (de buenos lugures,) and possessed of property, (algo.) White, New Recop. b. 1, tit. 5, c. 1.
HTDALGTJIA. In Spanish law. Nobility by descent or lineage. White, New Recop. b. 1, tit. 5, c. 3, § 4.
HIDE. In old English law. A measure of land, being as much as could be worked with one plow. It is variously estimated at from 60 to 100 acres, but was probably de­termined by local usage. Another meaning was as much land as would support one family or the dwellers in a mansion-house. Also a house; a dwelling-house.
—Hide and gain. In English law. A term anciently applied to arable land. Go. Litt. 856. —Hide lands. In Saxon law. Lands belong­ing to a hide; that is, a house or mansion. Spelman.
HIDEL. In old English law. A place of protection; a sanctuary. St 1 Hen. VII. cc. 5, 6; Cowell.
HID GILD. A sum of money paid by a villein or servant to save himself from a whipping. Fleta, 1. 1, c. 47, § 20.
HIERARCHY. Originally, government by a body of priests. Now, the body of offi­cers In any church or ecclesiastical institu­tion, considered as forming an ascending series of ranks or degrees of power and au­thority, with the correlative subjection, each to the one next above. Derivatively, any body of men, taken in their public capacity, and considered as forming a chain of powers, as above described.
HIGH. This term, as used in various compound legal phrases, is sometimes merely an addition of dignity, not importing a com­parison ; but more generally it means exalt­ed, either in rank or location, or occupying a position of superiority, and in a few in­stances it implies superiority in respect to importance, size, or frequency or publicity of use, e. g., "high seas," "highway."
As to high "Bailiff," "Constable," "Crimes," "Justice," "Justiciar," "School," "Sea," "Sher­iff," "Treason," and "Water-Mark," see those titles.
-—High commission court. See Court of High Commission.—High court of admi­ralty. See Court op Admiralty.—High court of delegates. See Court of Dele­gates.—High court of errors and appeals. See Court op Errors and Appeals.—High court of justice. See Supreme Court op Judicature.—High court of parliament. See Parliament.
HIGHER AND LOWER SCALE. In
the practice of the English supreme court of judicature there are two scales regulating the fees of the court and the fees which solicitors are entitled to charge. The lower scale applies (unless the court otherwise or-
ders) to the following cases: All causes and matters assigned by the judicature acts to the king's bench, or the probate, divorce, and admiralty divisions; all actions of debt, contract, or tort; and in almost all causes and matters assigned by the acts to the chancery division in which the amount in litigation is under £1,000. The higher scale applies in all other causes and matters, and also in actions falling under one of the above classes, but in which the principal relief sought to be obtained Is an injunction. Sweet,
HIGHNESS. A title of honor given to princes. The kings of England, before the time of James I., were not usually saluted with the title of "Majesty," but with that of "Highness." The children of crowned heads generally receive the style of "Highness." Wharton.
HIGHWAY. A free and public road, way, or street; one which every person has the right to use. Abbott v. Duluth (C. C.) 104 Fed. 837; Shelby County Com'rs v. Cas-tetter, 7 Ind. App. 309, 33 N. E. 986; State v. Cowan, 29 N. C. 248; In re City of New York, 135 N. Y. 253, 31 N. E. 1043, 31 Am. St Rep. 825; Parsons v. San Francisco, 23 Cal. 464.
"In all counties of this state, public high­ways are roads, streets, alleys, lanes, courts, places, trails, and bridges, laid out or erected, as such by the public, or, if laid out and erected by others, dedicated or abandoned to the public, or made such in actions for the partition of real property." Pol. Code Cal. § 2618.
There is a difference in the shade of meaning conveyed by two uses of the word. Sometimes it signifies right of free passage, in the ab­stract, not importing anything about the char­acter or construction of the way. Thus, a river is called a "highway;" and it has been not unusual for congress, in granting a privilege of building a bridge, to declare that it shall be a public highway. Again, it has reference to some system of law authorizing the taking a strip of land, and preparing and devoting it to the use of travelers. In this use it imports a road-way upon the soil, constructed undeV the authority of these laws. Abbott.
—Commissioners of highways. Public of­ficers appointed in ,the several counties and municipalities, in many states, to take charge of the opening, altering, repair, and vacating of highways within their respective jurisdic­tions.—Common highway. By this term is meant a road to be used by the community at large for any purpose of transit or traffic. Ham. N. P. 239; Railway Co. v. State, 23 Fla. 546, 3 South. 158, 11 Am. St. Rep. 395. —Highway acts, or laws. The body or sys* tern of laws governing the laying out. repair, and use of highways —High-way crossing. A place where the track of a railroad crosses the line of a highway—Highway-rate. In Eng­lish law A tax for the maintenance and re­pair of highways, chargeable upon the same property that is liable to the poor-rato —High­way robbery. See Robbery.—Highway tax. A tax for and applicable to thp making and repair of highways. Stone v. Bean, 15 Gray (Mass.) 44.

HIGHWAYMAN
572
HIS EXCELLENCY

HIGHWAYMAN. A bandit; one who robs travelers upon the highway.
HIGLER. In English law. A hawker or peddler. A person who carries from door to door, and sells by retail, small articles of provisions, and the like.
HIGUELA. In Spanish law. A receipt given by an heir of a decedent, setting forth what property he has received from the estate.
HIKENILD STREET. One of the four great Roman roads of Britain. More com­monly called "Ikenild Street."
HILARY RULES. A collection of orders and forms extensively modifying the plead­ing and practice in the English superior courts of common law, established in Hilary term, 1834. Stimson.
HILARY TERM. In English law. A term of court, begining on the 11th and ending on the 31st of January in each year. Superseded (1875) by Hilary sittings, which begin January 11th, and end on the Wednes­day before Easter.
HINDENI HOMINES. A society of men. The Saxons ranked men into three classes, and valued them, as to satisfaction for in­juries, etc., according to their class. The highest class were valued at 1,200s., and were called "twelf hindmen;" the middle class at 600s., and called "sexhindmen;" the lowest at 200s., called "twyhindmen." Their wives were termed "Mndas" Brompt Leg. Alfred, c. 12.
HINDER AND DELAY. To hinder and delay is to do something which is an attempt to defraud, rather than a successful fraud; to put some obstacle in the path, or interpose some time, unjustifiably, before the creditor can realize what is owed out of his debtor's property. See Walker v. Sayers, 5 Bush (Ky.). 582; Burdick v. Post, 12 Barb. (N. Y.) 186; Crow v. Beardsley, 68 Mo. 439; Burn-ham v. Brennan, 42 N. Y. Super. Ct 63.
HINDU LAW. The system of native law prevailing among the Gentoos, and adminis­tered by the government of British India.
HINE, or HIND. In old English law. A husbandry servant
HINEFARE. In old English law. The loss or departure of a servant from his master. Domesday.
HIPOTECA. In Spanish law. A mort­gage of real property.
HIRCISCUNDA. See Hebciscunda.
HIRE, v. To purchase the temporary use of a thing, or to stipulate for the labor or services of another. See Hiring.
To engage in service for a stipulated re­ward, as to hire a servant for a year, or laborers by the day or month; to engage a man to temporary service for wages. To "employ" is a word of more enlarged signifi­cation. A man hired to labor is employed, but a man may be employed in a work who is not hired. McCluskey v. Cromwell, 11 N. Y. 605.
For definitions of the various species of this class of contracts, under their Latin names, see Locatio and following titles.
HIRE, n. Compensation for the use of
a thing, or for labor or services. Carr v. State, 50 Ind. 180; Learned-Letcher Lumber Co. v. Fowler, 109 Ala. 169, 19 South. 396.
HIREMAN. A subject Du Cange.
HIRER. One who hires a thing, or the labor or services of another person. Turner v. Cross, 83 Tex. 218, 18 S. W. 578, 15 L. R. A. 262.
HIRING. Hiring is a contract by which one person grants to another either the en­joyment of a thing or the use of the labor and industry, either of himself or his serv­ant, during a certain time, for a stipulated compensation, or where one contracts for the labor or services of another about a thing bailed to him for a specified purpose. Code Ga. 1882, § 2085.
Hiring is a contract by which one gives to another the temporary possession and use of property, other than money, for reward, and the latter agrees to return the same to the former at a future time. Civ. Code Cal. § 1925; Civ. Code Dak. § 1103.
Synonyms. "Hiring" and "borrowing" are both contracts by which a qualified property may be transferred to the hirer or borrower, and they differ only in this, that hiring is al­ways for a price, stipend, or recompense, while borrowing is merely gratuitous. 2 Bl. Comm. 453; Neel v. State, 33 Tex. Cr. R. 408, 26 S. W. 726.
HIRST, HURST. In old English law. A wood. Co. Litt 4&.
HIS. The use of this pronoun in a writ­ten instrument, in referring to a person whose Christian name is designated therein by a mere initial, is not conclusive that the per­son referred to is a male; it may be shown by parol that the person intended is a female. Berniaud v. Beecher, 71 Cal. 38, 11 Pac. 802.
HIS EXCELLENCY. In English law.
The title of a viceroy, governor general, am­bassador, or commander in chief.
In American law. This title is given to the governor of Massachusetts by the consti­tution of that state; and it is commonly giv-

HIS HONOR
573
HOLD

en, as a title of honor and courtesy, to the governors of the other states and to the pres­ident of the United States. It is also cus­tomarily used by foreign ministers in ad­dressing the secretary of state in written communications.
HIS HONOR. A title given 'by the con­stitution of Massachusetts to the lieutenant-governor of that commonwealth. Const. Mass. pt 2, c. 2, § 2, art 1.
HIS TESTIBUS. Lat These being wit­nesses. The attestation clause in old deeds and charters.
HITHERTO. In legal use, this term always restricts the matter in connection with which it is employed to a period of time already passed. Mason v. Jones, 13 Barb. (N. Y.) 479.
HTWISO. In old English law. A hide of land.
HXAF iETA. Sax. A servant fed at his master's cost
BXAFORD. Sax. A lord. 1 Spence, Ch. 36.
HLAFORDSOCNA. Sax. A lord's pro­tection. Du Cange.
HIiAFORDSWICE. Sax. In Saxon law. The crime of betraying one's lord, (proditio domini;) treason. Crabb, Eng. Law, 59, 301.
HLASOCNA. Sax. The benefit of the law. Du Cange.
HIiOTHBOTE. In Saxon law. A fine for being present at an unlawful assembly. Spelman.
HIjOTHE. In Saxon law. An unlawful assembly from eight to thirty-five, inclusive. Cowell.
HOASTMEN. In English law. An an-, cient gild or fraternity at Newcastle-upon-Tyne, who dealt in sea coal. St. 21 Jac. I. c. 3.
HOB BIT. A measure of weight in use in Wales, equal to 168 pounds, being made up of four Welsh pecks of 42 pounds each. Hughes v. Humphreys, 26 Eng. L. & Eq. 132.
HOBBLERS. In old English law. Light horsemen or bowmen; also certain tenants, bound by their tenure to maintain a little light horse for giving notice of any invasion, or such like peril, towards the seaside. Cam­den, Brit.
HOC. Lat. This. Hoc intuitu, with this expectation. Hoc loco, in this place. Hoc nomine, In this name. Hoc titulo, under this title. Hoc voce, under this word.
HOC QUtDEM PERQUAM DURUM EST, SED ITA LEX SCRIfTA EST. Lat. (This indeed is exceedingly hard, but so the law is written; such is the written or posi­tive law.) An observation quoted 'by Black-stone as used by Ulpian in the civil law; and applied to cases where courts of equity have no power to abate the rigor of the law. Dig. 40, 9, 12, 1; 3 Bl. Comm. 430.
HOC PARATUS EST VERIFICARE.
Lat This he is ready to verify.
Hoc servabitnr quod initio convenit.
This shall be preserved which is useful in the beginning. Dig. 50, 17, 23; Bract 736.
HOCCUS SALTIS. A hoke, hole, or less­er pit of salt. Cowell.
HOCK-TUESDAY MONEY. This was a duty given to the landlord' that his tenants and bondmen might solemnize the day on which the English conquered the Danes, be­ing the second Tuesday after Easter week. Cowell.
HOCKETTOR, or HOCQUETEUR. A
knight of the post; a decayed man; a fcasket carrier. Cowell.
HODGE-PODGE ACT. A name applied to a statute which comprises a medley of incongruous subjects.
HOGA. In old English law. A hill or mountain. In old English, a how. Grene hoga, Grenehow. Domesday; Spelman.
HOGASTER. In old English law. A sheep of the second year. Fleta, lib. 2, c. 79, §§ 4, 12. A young hog. Cowell.
HOGGUS, or HOGIETUS. A hog or
swine. Cowell.
HOGHENHYNE. In Saxon law. A house-servant Any stranger who lodged three nights or more at a man's house in a decennary was called "hoghenhyne," and his host became responsible for his acts as for those of his servant.
HOGSHEAD. A measure of a capacity containing the fourth part of a tun, or sixty-three gallons. Cowell. A large cask, of indefinite contents, but usually containing from one hundred to one hundred and forty gallons. Webster.
HOLD, v. 1. To possess in virtue of a lawful title; as In the expression, common in grants, "to have and to hold," or in that applied to notes, "the owner and holder." Thompson v. Sandford, 13 Ga. 241; Bank of Michigan v. Niles, 1 Doug. (Mich.) 407, 41 Am. Dec. 575; Stansbury v. Hubner, 73 Md. 228, 20 Atl. 904, 11 L. R. A. 204, 25 Am. St Rep. 584.

HOLD
574
HOMAGE

2.To be the grantee or tenant of another; to take or have an estate from another. Properly, to have an estate on condition of paying rent, or performing service.
3.To adjudge or decide, spoken of a court, particularly to declare the conclusion of law reached by the court as to the legal effect of the facts disclosed.
4.To maintain or sustain; to be under the necessity or duty of sustaining or prov­ing; as when it is said that a party "holds the affirmative" or negative of an issue in a cause.
5.To bind or obligate; to restrain or con­strain ; to keep in custody or under an ob­ligation; as in the phrases "hold to bail," "hold for court," "held and firmly bound," etc.
6.To administer; to conduct or preside at; to convoke, open, and direct the opera­tions of; as to hold a court, hold pleas, etc. Smith v. People, 47 N. Y. 334.
7.To prosecute; to direct and bring about officially; to conduct according to law; as to hold an election.
8.To possess; to occupy; to be in posses­sion and administration of; as to hold office.
—Hold over. To hold possession after the ex­piration of a term or lease. To retain posses­sion of property leased, after the end of the term. To continue in possession of an office and continue to exercise its functions, after the end of the officer's lawful term. State v. Simon, 20 Or. 365, 26 Pac. 174; Frost v. Akron Iron Co, 1 App. Div. 449, 37 N. Y. Supp. 374.—Hold pleas. To hear or try caus­es. 3 Bl. Comm. 35. 298.
HOLD, ». In old law. Tenure. A word constantly occurring in conjunction with others, as freehold, leasehold, copyhold, etc., but rarely met with in the separate form.
HOLDER. The holder of a bill of ex­change, promissory note, or check is the per­son who has legally acquired the possession of the same, from a person capable of trans­ferring it, by indorsement or delivery, and who is entitled to receive payment of the in­strument from the party or parties liable to meet it. Bowling v. Harrison, 6 How. 258, 12 L. Ed. 425; Crocker-Woolworth Nat. Bank v. Nevada Bank, 139 Cal. 564, 73 Pac. 456, 63 L. R. A. 245, 96 Am. St. Rep. 169; Rice v. Hogan, 8 Dana (Ky.) 135; Rev. Laws Mass. 1902, p. 653, § 207.
—Holder in due course, in English law, is "a holder who has taken a bill of exchange (check or note) complete and regular on the face of it, under the following conditions, name­ly: (a) That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact. (6) That he took the bill (check or note) in good faith and for value, and that at the f-ime it was negotiated to him he had no notice of any defect in the title of the person who negotiated it." Bills of Exchange Act, 1882, (45 & 46 Vict. c. 61, § 29.) And see Sutherland v. Mead, 80 App. Div. 103, 80 N. Y. Supp. 504.
HOLDES. Sax. In Saxon law. A mil­itary commander. Spelman.
HOLDING. In English law. A piece of land held under a lease or similar tenancy for agricultural, pastoral, or similar pur­poses.
In Scotch law. The tenure or nature of the right given by the superior to the vassal. Bell.
—Holding over. See Hold, v.—Holding up the hand. In criminal practice. A for­mality observed in the arraignment of prisoners. Held to be not absolutely necessary. 1 W. Bl. 3, 4.
HOLIDAY. A religious festival; a day set apart for commemorating some important event in history; a day of exemption from labor. Webster. A day upon which the usual operations of business are suspended and the courts closed, and, generally, no legal process is served.
—Legal holiday. A day designated by law as exempt from judicial proceedings, service of process, demand and protest of commercial pa­per, etc.—Public holiday. A legal holiday.
HOLM. An island in a river or the sea. Spelman.
Plain grassy ground upon water sides or in the water. Blount. Low ground inter­sected with streams. Spelman.
HOLOGRAFO. In Spanish law. A holo­graph. An instrument (particularly a will) wholly in the handwriting of the person executing it; or which, to be valid, must be so written by his own hand.
HOLOGRAPH. A will or deed written entirely by the testator or grantor with his own hand. Estate of Billings, 64 Cal. 427, 1 Pac. 701; Harrison v. Weatherby, 180 111. 418, 54 N. E. 237.
HOLT. /Sax. In old English law. A wood or grove. Spelman; Cowell; Co. Litt 4b.
HOLT ORDERS. In ecclesiastical law. The orders of bishops, (including archbish­ops,) priests, and deacons in the Church of England. The Roman canonists had the or­ders of bishop, (in which the pope and arch­bishops were included,) priest, deacon, sub-deacon, psalmist, acolyte, exorcist, reader, ostiarius. 3 Steph. Comm. 55, and note a.
HOMAGE. In feudal law. A service (or the ceremony of rendering it) which a tenant was bound to perform to his lord on receiving investiture of a fee, or succeeding to it as heir, in acknowledgment of the ten­ure. It is described by Littleton as the most honorable service of reverence that a free tenant might do to his lord. The ceremony was as follows: The tenant, being ungirt and with bare head, knelt before the lord,

HOMAGE
675
HOMESTEAD

the latter sitting, and held his hands extend­ed and joined between the hands of the lord, and said: "I become your man [homo] from this day forward, of life and limb and earthly honor, and to you will be faithful and loyal, and bear you faith, for the tenements that I claim to hold of youv saving the faith that I owe unto our sovereign lord the king, so help me God." The tenant then received a kiss from the lord. Homage could be done only to the lord himself. Litt § 85; Glanv. lib. 9, c. 1; Bract, fols. 77&, 78-80; Wharton. "Homage" Is to be distinguished from "fealty," another incident of feudalism, and which consisted in the solemn oath of fidelity made by the vassal to the lord, whereas hom­age was merely an acknowledgment of ten­ure. If the homage was intended to include fealty, it was called "liege homage;" but otherwise it was called "simple homage." Brown.
—Homage ancestral. In feudal law. Hom­age was called by this name where a man and his ancestors had immemorially held of another and his ancestors by the service of homage, which bound the lord to warrant the title, and also to hold the tenant clear of all services to superior lords. If the tenant aliened in fee, his alienee was a tenant by homage, but not by homage ancestral. Litt. § 143; 2 Bl. Coram. 300—Homage jury. A jury in a court-baron, consisting of tenants that do homage, who are to inquire and make presentments of the death of tenants, surrenders, admittances, and the like.—Homage liege. That kind of homage which was due to the sovereign alone as su­preme lord, and which was done without any saving or exception of the rights of other lords. Spelman.
HOMAGER. One who does or is bound to do homage. Cowell.
HOMAGIO RESPECTTJANDO. A writ to the escheator commanding him to de­liver seisin of lands to the heir of the king's tenant, notwithstanding his homage not done. Fitzh. Nat. Brev. 269.
HOMAGIUM. L. Lat. Homage, (g. v.)
—Homaginm ligium. Liege homage; that kind of homage which was due to the sovereign alone as supreme lord, and which was done without any saving or exception of the rights of other lords Spelman. So called from ligan-do, (binding,) because it could not be renounc­ed like other kinds of homage.—Homaginm planum. In feudal law. Plain homage; a species of homage which bound him who did it to nothing more than fidelity, without any ob­ligation either of military service or attendance in the courts of his superior. 1 Robertson's Car. V., Appendix, note 8.—Homaginm red-dere. To renounce homage. This was when a vassal made a solemn declaration of disown­ing and defying his lord; for which there was a set form and method prescribed by the feudal laws. Bract. 1. 2, c. 35, § 35.—Homaginm ?implex. In feudal law. Simple homage; that kind of homage which was merely an ac­knowledgment of tenure, with a saving of the rights of other lords. Harg. Co. Litt. note 18, lib. 2.
Homaginm, non per proonratores nee per literaa fieri potnit, sed in propria
persona tarn domini qnam tenentis capi debet et fieri. Co. Litt. 68. Homage can­not be done by proxy, nor by letters, but must be paid and received in the prorjer per­son, as well of the lord as the tenant.
HOMBRE BUENO. In Spanish law. The judge of a district. Also an arbitrator chosen by the parties to a suit Also a man in good standing; one who is competent to testify in a suit,
HOME. When a person voluntarily takes up his abode in a given place, with intention to remain permanently, or for an indefinite period of time, or without any present inten­tion to remove therefrom, such place of abode becomes his residence or home. This word has not the same technical meaning as "dom­icile." See Langhammer v. Munter, 80 Md. 518, 31 Atl. 300, 27 L. R. A. 330; King v. King, 155 Mo. 406, 56 S. W. 534; Dean v. Cannon, 37 W. Va. 123, 16 S. E>. 444; Jef­ferson v. Washington, 19 Me. 293; Welch v. Whelpley, 62 Mich. 15, 28 N. W. 744, 4 Am. St. Rep. 810; Warren v. Thomaston, 43 Me. 418, 69 Am. Dec. 69.
—Home office. The department of state through which the English sovereign adminis­ters most of the internal affairs of the kingdom, especially the police, and communicates with the judicial functionaries. As applied to a cor­poration, its principal otBce within the state or country wj^ere it was incorporated or formed. Rev. St. Tex. 1895, art. 3096a.—Home port. In maritime law, the home port of a vessel is either the port where she is registered or en­rolled, or the port at or nearest to which her owner usually resides, or, if there be more than one owner, the port at or nearest to which the husband or acting and managing owner resides. White's Bank v. Smith, 7 Wall. 651, 19 L. Ed. 211; The Ellen Holgate (D C.) 30 Fed. 125; The Albany, 1 Fed. Cas. 288; Com. v. Ayer & Lord Tie Co., 77 S. W. 688, 25 Ky. Law Rep. 1068. But for some purposes any port where the owner happens at the time to be with his vessel is its home port. Case v. Woolley, 6 Dana (Ky.) 27, 32 Am. Dec. 54. —Home rnle. In constitutional and statutory law, local self-government, or the right thereof. Attorney General v. Lowrey, 131 Mich. 639, 92 N W. 289. In British politics, a programme or plan (or a more or less definitely formulated demand) for the right of local self-government for Ireland under the lead of an Irish national parliament.
HOME, or HOMME. L. Ft. Man; a man.
Home ne sera pnny pnr sner des brief es en conrt le roy, soit il a droit on a tort.
A man shall not be punished for suing out writs in the king's court, whether he be right or wrong. 2 Inst. 228.
HOMESOKEN, HOMSOKEN. See
Hamesoken.
HOMESTAIX. A mansion-house. Dick­inson v. Mayer, 11 Heisk. (Tenn.) 521.
HOMESTEAD. The home place; the place where the home is. It is the home, the

HOMESTEAD
576
HOMICIDE

bouse and the adjoining land, where the head of the family dwells; the home farm. The fixed residence of the head of a family, with the land and buildings surrounding the main house. See Oliver v. Snowden, 18 Fla. 825, 43 Am. Rep. 338; In re Allen (Cal.) 16 Pac. 319; McKeough v. McKeough, 69 Vt. 34, 37 Atl. 275; Hoitt v. Webb, 36 N. H. 158; Frazer v. Weld, 177 Mass. 513, 59 N. B. 118; Lyon v. Hardin, 129 Ala. 643, 29 South. 777; Norris v. Kidd, 28 Ark. 493.
Technically, however, and under the mod­ern homestead laws, a homestead is an ar­tificial estate in land, devised to protect the possession and enjoyment of the owner against the claims of his creditors, by with­drawing the property from execution and forced sale, so long as the land is occupied as a home. Buckingham v. Buckingham, 81 Mich. 89, 45 N. W. 504; Campbell v. Moran, 71 Neb. 615, 99 N. W. 499; Iken v. Olenick, 42 Tex. 198; Jones v. Britton, 102 N. C. 166, 9 S. E. 554, 4 L. R. A. 178; Thomas v. Fulford, 117 N. C. 667, 23 S. E 635; Ellinger v. Thomas, 64 Kan. 180, 67 Pac. 529; Gal-ligher v. Smiley, 28 Neb. 189, 44 N. W. 187, 26 Am. St. Rep. 319.
—Business homestead. In Texas, a place or property (distinct from the home of a family) used and occupied by the head of a family as a place to exercise his calling or business, which is exempt by law. Alexander v. Lovitt (Tex. Civ. App.) 56 S. W. 686; Ford v. Fosgard (Tex. Civ. App.) 25 S. W. 448. A curious mis­nomer, the word "homestead" in this phrase having lost entirely its original meaning, and being retained apparently only for the sake of its remote and derivative association with the idea of an exemption.—Homestead corpora­tions. Corporations organized for the purpose of acquiring lands in large tracts, paying off in­cumbrances thereon, improving and subdividing them into homestead lots or parcels, and dis­tributing them among the shareholders, and for the accumulation of a fund for such purpos­es. Civ. Code Cal. § 557.—Homestead entry. See Entry.—Homestead exemption laws. Laws passed in most of the states allowing a householder or head of a family to designate a house and land as his homestead, and exempt­ing the same homestead from execution for his general debts.—Probate homestead. A home­stead set apart by-the court for the use of a surviving husband or wife and the minor chil­dren out of the common property, or out of the real estate belonging to the deceased. In re Noah's Estate, 73 Cal. 590, 15 Pac. 290, 2 Am. St Rep. 834.—Urban homestead. The residence or dwelling place of a family in_ a city, claimed or set apart as a homestead, in­cluding the principal house and lot, and such lots as are used in connection therewith, con­tributing to its enjoyment, comfort, and con­venience. Ford v. Fosgard (Tex. Civ. App.) 25 S. W. 447; Harris v. Matthews, 36 Tex. 424, 81 S. W. 1204.
HOMICIDAL. Pertaining to homicide; relating to homicide; impelling to homicide; as a homicidal mania. (See Insanity.)
HOMICIDE. The killing of any human creature. 4 Bl. Comm. 177. The killing of one human being by the act, procurement, or omission of another. Pen. Code N. Y. § 179. The act of a liuman being in taking away the
life of another human being. Sanders r. State, 113 Ga. 267, 38 S. E. 842; People v. Hill, 49 Hun, 432, 3 N. Y. Supp. 564; Maher v. People, 10 Mich. 212, 81 Am. Dec. 781; State v. Lodge, 9 Houst (Del.) 542, 33 Atl. 312; Com. v. Webster, 5 Cush. (Mass.) 303, 52 Am. Dec. 711.
Homicide is not necessarily a crime. It is a necessary ingredient of the crimes of murder and manslaughter, but there are other cases in which homicide may be committed without criminal intent and without criminal consequen­ces, as, where it is done in the lawful execution of a judicial sentence, in self-defense, ot as the only possible means of arresting an escaping felon. The term "homicide" is neutral; while it describes the act, it pronounces no judgment on its moral or legal quality. See People v. Connors, 13 Misc. Rep. 582, 35 N. Y. Supp. 475.
Classification. Homicide is ordinarily clas­sified as "justifiable," "excusable," and feloni­ous." For the definition of these terms, and of some other compound terms, see infra. —Culpable homicide. Described as a crime varying from the very lowest culpability, up to the very verge of murder. Lord Moncrieff, Ark-ley, 72.—Excusable homicide. The killing of a human being, either by misadventure or in self-defense. U. S. v. King (C. C.) 34 Fed. 306; State v. Miller, 9 Houst. (Del.) 564, 32 Atl. 137; State v. Reynolds, 42 Kan. 320, 22 Pac 410, 16 Am. St. Rep. ,483; Hopkinson v. People. 18 111. 265; Bassett v. State, 44 Fla. 2, 33 South. 264. The name itself imports some fault, error, or omission, so trivial, however, that the law excuses it from guilt of felony, though in strictness it judges it deserving of some little degree of punishment. 4 Bl. Comm. 182. It is of two sorts,—either per infortuni­um, by misadventure, or se defendendo, upon a sudden affray. Homicide per infortunium is where a man, doing a lawful act, without any intention of hurt, unfortunately kills another; but, if death ensue from any unlawful act, the offense is manslaughter, and not misadven­ture. Homicide se defendendo is where a man kills another upon a sudden affray, merely in his own defense, or in defense of his wife, child, parent, or servant, and not from any vindictive feeling. 4 Bl. Comm. 182.—Felonious homi­cide. The wrongful killing of a human being, of any age or either sex, without justification or excuse in law; of which offense there are two degrees, manslaughter and murder. 4 Bl. Comm. 190; 4 Steph. Comm, 111.—Homicide by misadventure. The accidental killing of another, where the slayer is doing a lawful act, unaccompanied by any criminally careless or reckless conduct. (State v. Miller, 9 Houst. (Del.) 564, 32 Atl. 137; U. S. v. Meagher (C. C.) 37 Fed. 879. The same as "homicide per infortunium."—'Homicide per infortunium. Homicide by misfortune, or accidental homi­cide ; as where a man doing a lawful act, with­out any intention of hurt, unfortunately kills another; a species of excusable homicide. 4 Bl. Comm. 182; 4 Steph. Comm. 101.—Homi­cide se defendendo. Homicide in self-de­fense; the killing of a person in self-defense upon a sudden affray, where the slayer had no other possible (or, at least, probable) means of escaping from his assailant. 4 Bl. Comm. 183-186; 4 Steph. Comm. 103-105. A species of excusable homicide. Id.; 1 Russ. Crimes, 660. —Justifiable homicide. Such as is commit­ted intentionally, but without any evil design, and under such circumstances of necessity or duty as render the act proper, and relieve the party from any shadow of blame; as where a sheriff lawfully executes a sentence of death upon a malefactor, or where the killing takes place in the endeavor to prevent the commission of felony which could not be otherwise avoided

HOMICIDE
577
HOMOLOGATION

Moran v. People, 163 111. 382, 45 N. E. 230; Kilpatrick v. Com., 3 Phila. (Pa.) 238; State v. Miller, 9 Houst (Del.) 564, 32 Atl. 137; Rich­ardson v. State, 7 Tex. App. 493.—Negligent homicide. In Texas, the act of causing the death of another by negligence and carelessness in the performance of a lawful act. Anderson v. State, 27 Tex. App. 177, 11 S. W. 33, 3 L. R. A. 644, 11 Am. St. Rep. 189; Pen. Code Tex. art 579.
HOMICIDIUM. Lat. Homicide, (g. v.) Homicidium ex justitia, homicide in the
administration of justice, or in the execution
of the sentence of the law. Homicidium ex necessitate, homicide from
inevitable necessity, as for the protection of
one's person or property. Homicidium ex casu, homicide by accident Homicidium ex voluntate, voluntary or
willful homicide. Bract, fols. 1206, 121.
HOMINATIO. The mustering of men; the doing of homage.
HOMINE CAPTO IN WITHERNAM-ITJM. A writ to take him that had taken any bond man or woman, and led him or her out of the country, so that he or she could not he replevied according to law. Reg. Orig. 79.
HOMINE ELIGENDO. In old English law. A writ directed to a corporation, re­quiring the members to make choice of a man to keep one part of the seal appointed for statutes merchant, when a former is dead, according to the statute of Acton Burnell. Reg. Orig. 178; Wharton.
HOMINE REPLEGIANDO. In English law. A writ which lay to replevy a man out of prison, or out of the custody of any private person, in the same manner that chat­tels taken in distress may be replevied. Brown.
HOMINES. Lat. In feudal law. Men; feudatory tenants who claimed a privilege of having their causes, etc., tried only in their lord's court. Paroch. Antiq. 15.
—Homines ligii. Liege men ; feudal tenants or vassals, especially those who held immedi­ately of the sovereign. 1 Bl. Comm. 367.
Hominnm causa jus constitntnm est.
Law is established for the benefit of man.
HOMIPLAGIUM. In old English law. The maiming of a man. Blount.
HOMME. Fr. Man; a man. This term Is defined by the Civil Code of Louisiana to Include a woman. Article 3522, notes 1, 2.
HOMMES DE FIEF. Fr. In feudal law. Men of the fief; feudal tenants; the peers in the lords' courts. Montesq., Esprit des Lois, Hv. 28, c. 27.
HOMMES FEODAUX. Fr. In feudal law. Feudal tenants; the same with horn* Bl.Law Dict.<2d Ed.)—37
mes de fief, (g. v.) Montesq., Esprit des Lois, liv. 28, c. 36.
HOMO. Lat A man; a human being, male or female; a vassal, or feudal tenant; a retainer, dependent or servant
—Homo chartnlarins. A slave manumitted by charter—Homo commendatns. In feud­al law. One who surrendered himself into the power of another for the sake of protection or support. See Commendation.—Homo eccle-siasticus. A church vassal; one who was bound to serve a church, especially to do service of an agricultural character. Spelman.—Homo exer-citalis. A man of the army, (exercitus;) a sol­dier.—Homo f eodalis. A vassal or tenant; one who held a fee, (feodum,) or part of a fee. Spel­man.—Homo fiscalis, or nscalinns. A servant or vassal belonging to the treasury or fiseus.— Homo francns. In old English law. A free­man. A Frenchman.—Homo ingennns. A free man. A free and lawful man. A yeoman. —Homo liber. A freeman.—Homo ligins. A liege man; a subject; a king's vassal. The vassal of a subject —Homo novns. In feudal law. A new tenant or vassal; one who was invested with a new fee. Spelman. Also one who, after conviction of a crime, had been par­doned, thus "making a'new man of him."—Ho­mo pertinens. In feudal law. A feudal bondman or vassal; one who belonged to the soil, (qui fflebce adscribitur.)—Homo regius. A king s vassal.—Homo Romanns. A Roman. An appellation given to the old inhabitants of Gaul and other Roman provinces, and retained in the laws of the barbarous nations. Spelman. —Homo trium litterarnm. A man of the three letters; that is, the three letters, "f," "u," "r;" the Latin word fur meaning "thief."
Homo potest esse habilis et inhabilis diversis temporibns. 5 Coke, 98. A man may be capable and incapable at different times.
Homo vocabnlnm est naturae; persona juris civilis. Man (homo) is a term of na­ture: person (persona) of civil law. Calvin.
HOMOLOGACION. In Spanish law. The tacit consent and approval inferred by law from the omission of the parties, for the space of ten days, to complain of the sen­tences of arbitrators, appointment of syndics, or assignees of insolvents, settlements of successions, etc. Also the approval given by the judge of certain acts and agreements for the purpose of rendering them more bind­ing and executory. Escriche.
HOMOLOGARE. In the civil law. To confirm or approve; to consent or assent; to confess. Calvin.
HOMOLOGATE. In modern civil law. To approve; to confirm; as a court homolo­gates a proceeding. See Homologation. Literally, to use the same words with an­other; to say the like. Viales v. Gardenier, 9 Mart. O. S. (La.) 324. To assent to what another says or writes.
HOMOLOGATION. In the civil law.
Approbation; confirmation by a court of jus­tice; a judgment which orders the execu-

HOMOLOGATION
578
HOOKLAND
a earls, and the children of viscounts and bar-l, ons; and, collectively, to the house of com­mons. In America, the word is used as a t> title of courtesy for various classes of offi­cials, but without any clear lines of distinc­tion.
J HONORARIUM. In the civil law. An
*" honorary or free gift; a gratuitous payment,
as distinguished from hire or compensation 1 for service; a lawyer's or counsellor's fee.
Dig. 50, 13, 1, 10-12.
5 An honorarium, is a voluntary donation, in
consideration of services which admit of n<#
"• compensation in money; in particular, to ad-
8 vocates at law, deemed to practice for honor or influence, and not for fees. McDonald v. Na-
if pier, 14 Ga. 89.
HONORARIUM JUS. Lat In Roman law. The law of the praetors and the edicts of the aediles.
[ HONORARY. As applied to public offices i and other positions of responsibility or trust, 1 this term means either that the office or title * is bestowed upon the incumbent as a mark [ of honor or compliment, without intending to ' charge him with the active discharge of the r duties of the place, or else that he is to re­ceive no salary or other compensation in mon-. ey, the honor conferred by the incumbency ( of the office being his only reward. See Has-5 well v. New York, 81 N. Y. 258. In other connections, it means attached to or grow­ing out of some honor or dignity or honorable office, or else it imports an obligation or duty !• growing out of honor or trust only, as dis­tinguished from legal accountability.
1 —Honorary canons. Those without emolu-f ment. 3 & 4 Vict. c. 113, § 23.—Honorary
fends. Titles of nobility, descendible to the eldest son, in exclusion of all the rest. 2 Bl. Comm. 56.—Honorary services. In feudal ; law. Special services to be rendered to the king in person, characteristic of the tenure by 1 grand serjeanty; such as to carry his banner, 1 his sword, or the like, or to be his butler, cham­pion, or other officer, at his coronation. Litt. § 153; 2 Bl. Comm. 73.—Honorary trustees. Trustees to preserve contingent remainders, so called because they are bound, in honor only, to decide on the most proper and prudential course. Lewin, Trusts, 408.
1 HONORIS RESFECTUM. By reason of
honor or privilege. See Challenge.
HONTFONGENETHEF. In Saxon law. a thief taken with hoivdhabend; i. e., hav­ing the thing stolen in his hand. Cowell.
HONY. L. Fr. Shame; evil; disgrace. Eony soit qui mal y pense, evil be to him who evil thinks.
HOO. In old English law. A hill. Co. Litt. 56.
HOOKLAND. Land plowed and sown every year.

HOPCON
579
HORSE GUARDS

HOPCON. In old English law. A valley. Cowell.
HOPE, n. In old English law. A valley. Co. Litt 46.
HOPE, v. As used in a will, this term is a precatory word, rather than mandatory or dispositive, but it is sufficient, in proper cases, to create a trust in or in respect to the property spoken of. See Cockrill v. Arm­strong, 31 Ark. 589; Curd v. Field, 103 Ky. 293, 45 S. W. 92.
HOPPO. A Chinese term for a collector; an overseer of commerce.
HORA. Lat An hour; the hour.
—Hora aurorse. In old English law. The morning bell, as ignitegivam or coverfeu (curfew) was the evening bell.—Horse juridicse, or judicise. Hours during which the judges sat in court to attend to judicial business.
Hora non est multnm de substantia ne-gotii, licet in appello de ea aliqnando fiat mentio. The hour is not of much con­sequence as to the substance of business, al­though in appeal it is sometimes mentioned. 1 Bulst 82.
HORCA. In Spanish law. A gallows; the punishment of hanging. White, New Re-cop. b. 2, tit 19, c. 4, { 1.
HORDA. In old records. A cow in calf.
HORDERA. In old English law. A treasurer. Du Cange.
HORDERIXTM. In old English law. A hoard; a treasure, or repository. Cowell.
HORDEUM. In old records. Barley. Hordeum palmate, beer barley, as distin­guished from common barley, which was called "hordeum quadragesimale." Blount.
HORN. In old Scotch practice. A kind of trumpet used in denouncing contumacious persons rebels and outlaws, which was done with three blasts of the horn by the king's sergeant This was called "putting to the horn;" and the party so denounced was said to be "at the horn." Bell. See Hobning.
HORN-BOOK. A primer; a book ex­plaining the rudiments of any science or branch of knowledge. The phrase "horn­book law" is a colloquial designation of the rudiments or most familiar principles of law.
HORN TENURE. In old English law. Tenure by cornage; that is, by the service of winding a horn when the Scots or other ene­mies entered the land, in order to warn the king's subjects. This was a species of grand serjeanty. Litt. § 156; 2 Bl. Comm. 74.
HORN WITH HORN, or HORN UN-
DER HORN. The promiscuous feeding of
bulls and cows or all horned beasts that are allowed to run together upon the same com­mon. Spelman.
HORNGELD. Sax. In old English law. A tax within a forest, paid for horned beasts. Cowell; Blount
HORNING. In Scotch law. "Letters of horning" is the name given to a judicial pro­cess issuing on the decree of a court, by which the debtor is summoned to perform his obligation in terms of the decree, the con­sequence of his failure to do so being lia­bility to arrest and imprisonment It was an­ciently the custom to proclaim a debtor who had failed to obey such process a rebel or outlaw, which was done by three blasts of the horn by the king's sergeant in a public place. This was called "putting to the horn," whence the name.
HORREUM. Lat A place for keeping grain; a granary. A place for keeping fruits, wines, and goods generally; a store-house. Calvin.; Bract fol. 48.
HORS. L. Fr. Out; out of; without
—Hors de son fee. Out of his fee. In old pleading, this was the name of a plea in an ac­tion for rent or services, by which the defend­ant alleged that the land in question was out of the compass of the plaintiff's fee. Mather v. Wood, 12 Pa. Co. Ct. R, 4.—Hors pris. Ex­cept. Literally translated by the Scotch "out taken."
HORS WEAIiH. In old English law. The wealh, or Briton who had care of the king's horses.
HORS WEARD. In old English law. A service or coru^e, consisting in watching the horses of the lord. Anc Inst Eng.
HORSE. An animal of the genus equus and species caoallus. In a narrow and strict sense, the term is applied only to the male, and only to males of four years old or there­abouts, younger horses being called "colts." But even in this sense the term includes both stallions and geldings. In a wider sense, and as generally used in statutes, the word is taken as nomen generalissimum, and in­cludes not only horses strictly so called, but also colts, mares and fillies, and mules and asses. See Owens v. State, 38 Tex. 557; Ashworth v. Mounsey, L. R. 9 Exch. 187; Pul-len v. State, 11 Tex. App. 91; Allison v. Brookshire, 38 Tex. 201; State v. Ingram, 16 Kan. 19; State v. Dunnavant 3 Brev. (S. C.) 10, 5 Am. Dec. 530; State v. Gooch, 60 Ark. 218, 29 S. W. 640; Davis v. Collier, 13 Ga. 491. Compare Richardson v. Chicago & A. R Co., 149 Mo. 311, 50 S. W. 782.
HORSE GUARDS. The directing power of the military forces of the kingdom of Great Britain. The commander in chief, or general commanding the forces, is at the

H0RTU3
580 HOT-WATER ORDEAL

head of this department It is subordinate to the war office, but the relations between them are complicated. Wharton.
HORTITS. Lat In the civil law. A gar­den. Dig. 32, 91, 5.
HOSPES. Lat A guest 8 Coke, 32.
HOSPES GENERALIS. A great cham­berlain.
HOSPITAIi. An institution for the re­ception and care of sick, wounded, infirm, or aged persons; generally incorporated, and then of the class of corporations called "elee­mosynary" or "charitable" See In re Ourtiss (Sur,) 7 N. Y. Supp. 207.
HOSPITALLERS. The knights of a re­ligious order, so called because they built a hospital at Jerusalem, wherein pilgrims were received. All their lands and goods in Eng­land were given to the sovereign by 32 Hen. VIII. c. 24.
HOSPITATOR. A host or entertainer.
Hospitator communis. An innkeeper. 8 Coke, 32.
Hospitator magnus. The marshal of a camp.
HOSPITIA. Inns. Hospitia communia, common inns. Reg. Orig. 105. Hospitia cu­riae, inns of court Hospitia cancellarice, inns of chancery. Crabb, Eng. Law, 428, 429; 4 Reeve, Eng. Law, 120.
HOSPITICIDE. One that kills his guest or host
HOSPITIUM. An inn; a household. See Cromwell v. Stephens, 2 Daly (N. X.) 17.
HOSPODAR. A Turkish governor in Mol­davia or Wallachia.
HOST. L. Fr. An army. Britt c. 22. A military expedition; war. Kelham.
HOSTAGE. A person who is given into the possession of the enemy, in a public war, his freedom (or life) to stand as security for the performance of some contract or promise made by the belligerent power giving the hostage with the other.
HOSTELAGIUM. In old records. A right to receive lodging and entertainment anciently reserved by lords in the houses of their tenants. Cowell.
HOSTELER.. See Hostleb.
HOSTES. Lat Enemies. Hostes Ttumani generis, enemies of the human race; i. e., pi­rates.
Hostes sunt qui nobis vel qnibns noa bellnm decemimns; cseteri proditores vel prsedones snnt. 7 Coke, 24. Enemies are those with whom we declare war, or who declare it against us; all others are traitors or pirates.
HOSTIA. In old records. The host-bread, or consecrated wafer, in the eucha-rist Cowell.
HOSTICIDE. One who kills an enemy.
HOSTILARIA, HOSPITALARIA. A
place or room in religious houses used for the reception of guests and strangers.
HOSTILE. Having the character of an enemy; standing in the relation of an ene­my. See 1 Kent Comm. c 4.
—Hostile embargo. One laid upon the ves­sels of an actual or prospective enemy.—Hos­tile possession. This term as applied to an occupant of real estate holding adversely, is not construed as implying actual enmity or ill will, but merely means that he claims to hold the possession in the character of an owner, and therefore denies all validity to claims set up by any and all other persons. Ballard v. Hansen, 33 Neb. 861, 51 N. W. 295; Griffin v. Mulley, 167 Pa. 339, 31 Atl. 664.—Hostile witness.. A witness who manifests so much hostility or prejudice under examination in chief that the party who has called him, or his representative, is allowed to cross-examine him, t. e., to treat him as though he had been called by the opposite party. Wharton.
HOSTILITY. In the law of nations. A state of open war. "At the breaking out of hostility." 1 Kent, Comm. 60.
An act of open war. "When hostilities have commenced." Id. 56.
A hostile character. "Hostility may at­tach only to the person." Id.
HOSTLER. In Norman and old English law, this was the title of the officer in a monastery charged with the entertainment of guests. It was also applied (until about the time of Queen Elizabeth) to an innkeeper, and afterwards, when the keeping of horses at livery became a distinct occupation, to the keeper of a livery stable, and then (under the modern form "ostler") to the groom in charge of the stables of an inn. Cromwell v. Stephens, 2 Daly (N. Y.) 20. In the lan­guage of railroading, an "ostler" or "hostler" at a roundhouse is one whose duty it is to receive locomotives as they come in from the road, care for them in the roundhouse, and have them cleaned and ready for de­parture when wanted. Railroad Co. v. Mas-sig, 50 111. App. 666; Railroad Co. v. Ash­ling, 34 111. App. 105; Grannis v. Railroad Co., 81 Iowa, 444, 46 N. W. 1067.
HOT-WATER ORDEAL. In old Eng-lish law. This was a test in cases of ac­cusation, by hot water; the party accused and suspected being appointed by the judge to put his arms up to the elbows in seeth-

HOTCHPOT
581
HOUSE

Ing hot water, which, after sundry prayers and invocations, he did, and was, by the ef­fect which followed, judged guilty or inno­cent Wharton.
HOTCHPOT. The blending and mixing property belonging to different persons, in order to divide it equally. 2 Bl. Oomm. 190.
Anciently applied to the mixing and blend­ing of lands given to one daughter in frank marriage, with those descending to her and her sisters in fee-simple, for the purpose of dividing the whole equally among them; without which the daughter who held in frank marriage could have no share in the lands in fee-simple. Litt §§ 267, 268; Co. Litt. 177a; 2 Bl. Comm. 190.
Hotchpot, or the putting in hotchpot, is ap­plied in modern law to the throwing the amount of an advancement made to a par­ticular child, in real or personal estate, into the common stock, for the purpose, of a more equal division, or of equalizing the shares of all the children. 2 Kent, Comm. 421, 422. This answers to or resembles the collatio oonorum, or collation of the civil law. See Law v. Smith, 2 R. I. 249; Ray v. Loper, 65 Mo. 472; Jackson v. Jackson, 28 Miss. 680, 64 Am. Dec. 114; Thompson v. Carmichael, 3 Sandf. <3h. (N. Y.) 120.
HOTEL. An inn; a public house or tav­ern ; a house for entertaining strangers or travelers. St Louis v. Siegrist, 46 Mo. 594; People v. Jones, 54 Barb. (N. Y.) 316; Crom­well v. Stephens, 2 Daly (N. Y.) 19.
Synonyms. In law, there is no difference whatever between the terms "hotel," "inn," and "tavern," except that in some states a statu­tory definition has been given to the word "ho­tel," especially with reference to the grant of licenses to sell liquor, as, that it shall contain a certain number of separate rooms for the en­tertainment of guests, or the like. But none of the three terms mentioned will include a boarding house (because that is a place kept for the entertainment of permanent boarders, while a hotel or inn is for travelers and transient guests), nor a lodging house (because the keep­er thereof does not furnish food for guests, which is one of the requisites of a hotel or inn), nor a restaurant or eating-house, which furnishes food only and not lodging. See Mar­tin v. State Ins. Co., 44 N. J. Law, 485, 43 Am. Rep. 397 ; In re Liquor Licenses, 4 Montg. Co. Law Rep'r (Pa.) 79: Kelly v. Excise Com'rs, 54 How. Prac. (N. Y.) 331; Carpenter v. Taylor, 1 Hilt. (N. Y.) 193; Cromwell t. Stephens, 2 Daly (N. Y.) 23.
HOUR. The twenty-fourth part of a nat-oral day; sixty minutes of time.
HOUR OF CAUSE. In Scotch practice. The hour when a court is met 3 How. State Tr. 603.
HOUSE. 1. A dwelling; a building de­signed for the habitation and residence of men.
"House" means, presumptively, a dwelling-house ; a building divided into floors and apart­ments, with four walls, a roof, and doors and
chimneys; but it does not necessarily mean precisely this. Daniel v. Coulsting, 7 Man. & G. 125; Surman v. Darley, 14 Mees. & W. 183.,
"House" is not synonymous with "dwelling* house." While the former is used in a broader and more comprehensive sense than the latter, it has a narrower and more restricted meaning than the word "building." State v. Garity, 46 N. H. 61.
In the devise of a house, the word "house" is synonymous with "messuage," and conveys all that comes within the curtilage. Rogers v. Smith, 4 Pa. 93.
2.A legislative assembly, or (where the bi­cameral system obtains) one of the two branches of the legislature; as the "house of lords," "house of representatives." Also a quorum of a legislative body. See South-worth v. Palmyra & J. R. Co., 2 Mich. 287.
3.The name "house" is also given to some collections of men other than legislative bodies, to some public institutions, and (col­loquially) to mercantile firms or joint-stock companies.
—Ancient house. One which has stood long enough to acquire an easement of support against the adjoining land or building. 3 Kent. Comm. 437.—Bawdy house. A brothel; a house maintained for purposes of prostitution.—Beer house. See Beee.—Boarding house. See that title.—Dwelling house. See that title. —House-bote. A species of estovers, belong­ing to a tenant for life or years, consisting in the right to take from the woods of the lessor or owner such timber as may be necessary for making repairs upon the house. See Co. Litt 416.—House-burning. See Arson.—House-duty. A tax on inhabited houses imposed b/ 14 & 15 Vict. c. 36, in lieu of window-duty, which was abolished.—House of commons. One of the constituent houses of the British parliament, composed of representatives of the counties, cities, and boroughs.—House of cor­rection. A reformatory. A place for the im­prisonment of juvenile offenders, or those who have committed crimes of lesser magnitude. Ex parte Moon Fook, 72 Cal. 10, 12 Pac. 804.— House of delegates. The official title of the lower branch of the legislative assembly of sev­eral of the American states, e. g., Maryland and Virginia.—House of ill fame. A bawdy-house ; a brothel; a dwelling allowed by its chief occupant to be used as a resort of persons desiring unlawful sexual intercourse. McAlis-ter v. Clark, 33 Conn. 91; State v. Smith, 29 Minn. 193, 12 «N. W. 524; Posnett v. Marble. 62 Vt. 481. 20 Atl. 813, 11 L. R. A. 162, 22 Am. St. Rep. 126—House of keys. The name of the lower branch of the legislative as­sembly or parliament of the Isle of Man, con­sisting of twenty-four representatives chosen by popular election.—House of lords. The up­per chamber of the British parliament. It comprises the archbishops and bishops, (called "Lords Spiritual,") the English peers sitting by virtue of hereditary right, sixteen Scotch peers elected to represent the Scotch peerage under the act of union, and twenty-eight Irish peers elected under similar provisions. The house of lords, as a judicial body, has ultimate appellate jurisdiction, and may sit as a court for the trial of impeachments.—House of refuge. A prison for juvenile delinquents. A house of correction or reformatory.—House of repre­sentatives. The name of the body forming the more popular and numerous branch of the congress of the United States; also of the sim­ilar branch in many of the state legislatures. —House of worship. A building or place set apart for and devoted to the holding of relig­ious services or exercises or public worship; a church or chapel or place similarly used. Old

HOUSE
582
HUISSIERS

South. Soc. y. Boston, 127 Mass. 379; Lefevre v. Detroit, 2 Mich. 589; Washington Heights M. B. Church v. New York, 20 Hun (N. Y.) 297 —Inner house, outer house. See those titles.—Mansion house. See Mansion.~ Public house. An inn or tavern; a house for the entertainment of the public, or for the entertainment of all Who come lawfully and pay regularly. 3 Brewst 344. A place of pub­lic resort, particularly for purposes of drinking or gaming. In a more general sense, any house made public by the occupation carried on in it and the implied invitation to the public to en­ter, such as inns, taverns, drinking saloons, gambling houses, and perhaps also shops and stores. See Cole v. State, 28 Tex. App. 536, 13 S. W. 859, 19 Am. St. Rep. 856; State v. Barns, 25 Tex. 655; Arnold v. State, 29 Ala. 50; Lafferty v. State, 41 Tex. Cr. R, 606, 56 S. W. 623; Bentley v. State, 32 Ala. 599; Brown v. State, 27 A la.. 50.—Tippling house. A place where intoxicating liquors are sold in drams or small quantities to be drunk on the premises, and where men resort for drinking purposes.
HOUSEAGE. A fee paid for housing goods by a carrier, or at a wharf, etc.
HOUSEBREAKING. In criminal law. Breaking and entering a dwelling-house with Intent to commit any felony therein. If done by night, it comes under the definition of "burglary."
HOUSEHOLD. A family living together. May v. Smith, 48 Ala. 488; Woodward v. Murray, 18 Johns. (N. Y.) 402; Arthur v. Morgan, 112 U. S. 495, 5 Sup. Ct. 241, 28 L. Ed. 825. Those who dwell under the same roof and compose a family. Webster. A man's family living together constitutes his household, though he may have gone to an­other state.
Belonging to the house and family; domes­tic. Webster.
—Household furniture. See Ftjknitube.— Household goods. These words, in a will, in­clude everything of a permanent nature (i. e., articles of household which are not consumed in their enjoyment) that are used in or pur­chased or otherwise acquired by a testator for his house. 1 Rop. Leg. 191; Marquam v. Seng-felder, 24 Or. 2, 32 Pac. 676; Smith v. Findley, 34 Kan. 316, 8 Pac. 871; In re Hoopes' Es­tate, 1 Brewst. (Pa.) 465.—Household stuff. This phrase, in a will, includes everything which may be used for the convenience of the house, as tables, chairs, bedding, and the like. But apparel, books, weapons, tools for artific­ers, cattle, victuals, and choses in action will not pass by those words, unless the context of the will clearly show a contrary intention. 1 Rop. L-eg. 206. See Appeal of Hoopes, 60 Pa. 227, 100 Am. Dec. 562.
HOUSEHOLDER. The occupier of a house. Brande. More correctly, one who keeps house with his family; the head or master of a family. Webster; 18 Johns. 302. One who has a household; the head of a household. See Greenwood v. Maddox, 27 Ark. 655; Sullivan v. Canan, Wils. (Ind.) 534; Shively v. Lankford, 174 Mo. 535, 74 S. W. 835.
HOUSEKEEPER. One who is in actual possession of and who occupies a house, as
distinguished from a "boarder," 'lodger," or "guest." See Bell v. Keach, 80 Ky. 45; Veile v. Koch, 27 111. 131.
HOVEL. A place used by husbandmen to set their plows, carts, and other farming utensils out of the rain and sun. A shed; a cottage; a mean house.
HOWE. In old English law. A hill. Co. Litt. 56.
HOY. A small coasting vessel, usually sloop-rigged, used in conveying passengers and goods from place to place, or as a tender to larger vessels in port Webster.
HOYMAN. The master or captain of a hoy.
HUCKSTER. A petty dealer and retailer of small articles of provisions, particularly farm and garden produce. Mays v. Cincin­nati, 1 Ohio St 272; Lebanon County v. Kline, 2 Pa. Co. Ct. R, 622.
HUCUSQUE. In old pleading. Hither­to. 2 Mod. 24.
HUDE-GELD. In old English law. An acquittance for an assault upon a trespassing servant. Supposed to be a mistake or mis­print in Fleta for "Mnegeld,." Fleta, lib. 1, c. 47, § 20. Also the price of one's skin, or the money paid by a servant to save himself from a whipping. Du Cange.
HUE AND CRY. In old English law. A loud outcry with which felons (such as rob­bers, burglars, and murderers) were anciently pursued, and which all who heard it were bound to take up, and join in the pursuit until the malefactor was taken. Bract, fols. 1156, 124; 4 Bl. Comm. 293.
A written proclamation issued on the es­cape of a felon from prison, requiring all officers and people to assist in retaking him. 3 HoW. State Tr. 386.
HUEBRAS. In Spanish law. A meas­ure of land equal to as much as a yoke of oxen can plow in one day. 2 White, Recop. (38,) 49; Strother v. Lucas, 12 Pet 443, 9 L. Ed. 1137.
HUIS. L. Fr. A door. "AI huis del es-fflise," at the door of the church. Bendloe, 133.
HUISSERIUM. A ship used to trans­port horses. Also termed "wffer."
HUISSIERS. In French law. Marshals; ushers; process-servers; sheriffs' officers. Ministerial officers attached to the courts, to effect legal service of process required by law in actions, to issue executions, etc., and to maintain order during the sitting of the courts.

HULKA
583
HUSBAND

HULKA. In old records. A hulk or small vessel. Cowell.
HULLUS. In old records. A hill. 2 Mon. Angl. 292; Cowell.
HUMAGIUM. A moist place. Mon. Angl.
HUNDRED. Under the Saxon organiza­tion of England, each county or shire com­prised an indefinite number of hundreds, each hundred containing ten Hthings, or groups of ten families of freeholders or frank­pledges. The hundred was governed by a high constable, and had its own court; but its most remarkable feature was the cor­porate responsibility of the whole for the crimes or defaults of the individual mem­bers. The Introduction of this plan of or­ganization into England is commonly ascrib­ed to Alfred, but the idea, as well of the collective liability as of the division, was prob­ably known to the ancient German peoples, as we find the same thing established in the Frankish kingdom under Olothaire, and in Denmark. See 1 Bl. Comm. 115; 4 Bl. Comm. 411.
—Hundred court. In English law. A larg­er court-baron, being held for all the inhabitants of a particular hundred, instead of a manor. The free suitors are the judges, and the steward the registrar, as in the case of a court-baron. It is not a court of record, and resembles a court-baron in all respects except that in point of territory it is of greater jurisdiction. These courts have long since fallen into desuetude. 3 Bl. Comm. 34, 35; 3 Steph. Comm. 394, 395. —Hundred gemote. Among the Saxons, a meeting or court of the freeholders of a hun­dred, which assembled, originally, twelve times a year, and possessed civil and criminal juris­diction and ecclesiastical powers. 1 Reeve, Eng. Law, 7.—Hundred lagh. The law of the hun­dred, or hundred court; liability to attend the hundred court Spelman.—Hundred penny. In old English law. A tax collected from the hundred, by the sheriff or lord of the hundred. —Hundred, secta. The performance of suit and service at the hundred court.—Hundred ?etena. In Saxon law. The dwellers- or in­habitants of a hundred. Cowell; Blount. Spel­man suggests the reading of sceatena from Sax. "sceat," a tax.
HUNDRED-WEIGHT. A denomination of weight containing, according to the Eng­lish system, 112 pounds; but in this country, generally, it consists of 100 pounds avoirdu­pois.
HUNDREDARIUS. In old English law. A hundredary or hundredor. A name given to the chief officer of a hundred, as well as to the freeholders who composed it Spel. voc. "Hundredus."
HUNDREDARY. The chief or presiding officer of a hundred.
HUNDREDES EARLDOR, or HUN-DREDES MAN. The presiding officer in the hundred court Anc Inst Eng.
HUNDREDORS. In English law. The inhabitants or freeholders of a hundred, an­ciently the suitors or judges of the hundred court. Persons impaneled or fit to be im­paneled upon juries, dwelling within the hundred where the cause of action arose. Cromp. Jur. 217. It was formerly necessary to have some of these upon every panel of jurors. 3 Bl. Comm. 359, 360; 4 Steph. Comm. 370.
The term "hundredor" was also used to signify the officer who had the jurisdiction of a hundred, and held the hundred court, and sometimes the bailiff of a hundred. Termes de la Ley; Cowell.
HUNG JURY. A jury so irreconcilably divided in opinion that they cannot agree upon any verdict
HURDEREFERST. A domestic; one of a family.
HURDLE. In English criminal law. A kind of sledge, on which convicted felons were drawn to the place of execution.
HURRICANE. A storm of great vio­lence or intensity, of which the particular characteristic is the high velocity of the wind. There is naturally no exact measure to distinguish between an ordinary storm and a hurricane, but the wind should reach a velocity of at least 50 or 60 miles an hour to be called by the latter name, or, as expressed in some of the cases, it should be sufficient to "throw down buildings." A hurricane is properly a circular storm in the nature of a cyclone. See Pelican Ins. Co. v. Troy Co-op. Ass'n, 77 Tex. 225, 13 S. W. 980; Queen Ins. Co. v. Hudnut Co., 8 Ind. App. 22, 35 N. E. 397; Tyson v. Union Mut Fire & Storm Co., 2 Montg. Co. Law Rep'r (Pa.) 17.
HURST, HYRST, HERST, or HIRST.
A wood or grove of trees. Co. Litt 4o.
HURT. In such phrases as "to the hurt or annoyance of another," or "hurt, molest­ed, or restrained in his person or estate," this word is not restricted to physical in­juries, but includes also mental pain, as well as discomfort or annoyance. See Row­land v. Miller (Super. N. Y.) 15 N. Y. Supp. 702; Pronk v. Brooklyn Heights R. Co., 68 App. Div. 390, 74 N. Y. Supp. 375; Thurston v. Whitney, 2 Cush. (Mass.) 110.
HURTARDUS, or HURTUS. A ram or
wether.
HURTO. In Spanish law. Theft White, New Recop. b. 2, tit 20.
HUSBAND. A married man; one who has a lawful wife living. The correlative of "wife."
Etymologically, the word signified the "house bond;" the man who, according to Saxon ideas

HUSBAND
584
HYPOTHEC

and institutions, held around him the family, for whom he was in law responsible.
—Husband and wife. One of the great do­mestic relationships; being that of a man and woman lawfully joined in marriage, by which, at common law, the legal existence of a wife is incorporated with that of her husband.— Husband land. In old Scotch law. A quan­tity of land containing' commonly six acres. Skene.—Husband of a ship. See Ship's Husband.
HUSBANDMAN. A farmer; a cultivator or tiller of the ground. The word "farmer" is colloquially used as synonymous with "hus­bandman," but originally meant a tenant who cultivates leased ground.
HUSBANDRIA. In old English law. Husbandry. Dyer, (Fr. Ed.) 356.
HUSBANDRY. Agriculture; cultivation of .the soil for food; farming, in the sense of operating land to raise provisions. Simons v. Lovell, 7 Heisk. (Tenn.) 516; McCue v. Tunstead, 65 CaL 506, 4 Pac. 510.
HUSBREC. In Saxon law. The crime of housebreaking or burglary. Crabb, Eng. Law, 59, 30a
HUSCARLE. In old English law. A house servant or domestic; a man of the household. Spelman.
A king's vassal, thane, or baron; an earl's man or vassal. A term of frequent occur­rence in Domesday Book.
HUSFASTNE. He who holds house and land. Bract 1. 3, t 2, a 10.
HUSGABLUM. In old records. House rent; or a tax or tribute laid upon a house. Cowell; Blount.
HUSH-MONEY. A colloquial expression to designate a bribe to hinder information; pay to secure silence.
HUSTINGS. Council; court; tribunal. Apparently so called from being held within a building, at a time when other courts were held in the open air. It was a local court The county court in the city of London bore this name. There were hustings at York, Winchester, Lincoln, and in other pla­ces similar to the London hustings. Also the raised place from which candidates for seats in parliament address the constituency, on the occasion of their nomination. Wharton.
In Virginia, some of the local courts are called "hustings," as in the city of Rich­mond. Smith v. Com., 6 Grat (Va.) 696.
HUTESIUM ET CLAMOR. Hue and
cry. See Hue and Cby.
HUTILAN. Taxes. Mon. Angl. L 586.
HWATA, HWATUNG. In old English law. Augury; divination.
HYBERNAGIUM. In old English law. The season for sowing winter grain, between Michaelmas and Christmas. The land on which such grain was sown. The grain it­self; winter grain or winter corn. Cowell.
HYBRID. A mongrel; an animal form­
ed of the union of different species, or dif­
ferent genera; also (metaphorically) a hu­
man being born of the union of persons of
different races. *
HYD. In old English law. Hide; Akin. A measure of land, containing, according to some, a hundred acres, which quantity is also assigned to it in the Dialogus de Scaccario. It seems, however, that the hide varied in different parts of the kingdom.
HYDAGE. See Hidagk.
HYDROMETER. An instrument for measuring the density of fluids. Being im­mersed in fluids, as in water, brine, beer, brandy, etc., it determines the proportion of their density, or their specific gravity, and thence their quality. See Rev. St U. S. i 2918 (U. S. Comp. St 1901, p. 1927.)
HYEMS, HIEMS. Lat In the civil law. Winter. Dig. 43, 20, 4, 34. Written, in some of the old books, "yems." Fleta, lib. 2, c. 73, §§ 16, la
HYPNOTISM. In medical jurisprudence. A psychic or mental state rendering the pa­tient susceptible to suggestion at the will of another.
The hypnotic state is an abnormal condition of the mind and senses, in the nature of trance, artificial catalepsy, or somnambulism, induced in one person by another, by concentration of the attention, a strong effort of volition, and perhaps the exercise of a telepathic power not as yet fully understood, or by mental sugges­tion, in which condition the mental processes of the subject and to a great extent his will are subjugated and directed by those of the opera­tor.
HYPOBOLUM. In the Civil law. The name of the bequest or legacy given by the husband to his wife, at his death, above her dowry,
HYPOCHONDRIA. See Insanity.
HYPOSTASIS. In medical jurisprudence. (1) The morbid deposition of a sediment of any kind in the body. (2) A congestion or flushing of the blood vessels, as in varicose veins. Post-mortem hypostasis, a peculiar lividity of the cadaver.
HYPOTHEC. In Scotland, the term "hypothec" is used to signify the landlord's right which, independently of any stipula­tion, he has over the crop and stocking of his tenant. It gives a security to the landlord over the crop of each year for the rent of

HYPOTHECA
585 HYPOTHETICAL QUESTION

that year, and over the cattle and stocking on the farm for the current year's rent, which last continues for three months after the last conventional term for the payment of the rent Bell.
HYPOTHECA. "Hypotheca" was a term of the Roman law, and denoted a pledge or mortgage. As distinguished from the term "pignus," in the same law, it denoted a mort­gage, whether of lands or of goods, in which the subject in pledge remained in the pos­session of the mortgagor or debtor; whereas in the pignus the mortgagee or creditor was in the possession. Such an hypotheca might be either express or implied; express, where the parties upon the occasion of a loan en­tered into express agreement to that effect; or implied, as, e. g., in the case of the stock and utensils of a farmer, which were subject to the landlord's right as a creditor for rent; whence the Scotch law of hypothec.
The word has suggested the term "hypoth­ecate," as used in the mercantile and mari­time law of England. Thus, under the fac­tor's act, goods are frequently said to be "hypothecated;" and a captain is said to have a right to hypothecate his vessel for necessary repairs. Brown. See Mackeld. Rom. Law, §§ 334-359.
HYPOTHECARIA ACTIO. Lat In the
civil law. An hypothecary action; an action for the enforcement of an hypotheca, or right of mortgage; or to obtain the surrender of the thing mortgaged. Inst. 4, 6, 7; Mackeld. Rom. Law, § 356. Adopted in the Civil Code of Louisiana, under the name of "Vac-tion hypothdcarie," (translated, "action of mortgage.") Article 3361.
HYPOTHECARn CREDITORES. Lat
In the civil law. Hypothecary creditors; those who loaned money on the security of an hypotheca, (q. v.) Calvin.
HYPOTHECARY ACTION. The name of an action allowed under the civil law for the enforcement of the claims of a credit­or by the contract of hypotheca. Lovell v. Cragin, 136 U. & 130, 10 Sup. Ct 1024, 34 L. Ed. 372.
HYPOTHECATE. To pledge a thing without delivering the possession of it to the pledgee. "The master, when abroad, and in the absence of the owner, may hypothecate the ship, freight, and cargo, to raise money requisite for the completion of the voyage." 3 Kent, Comm. 171. See Spect v. Spect, 88 Oal. 437, 26 Pac. 203, 13 L. R. A. 137, 22 Am. St. Rep. 314; Ogden v. Lathrop, 31 N. Y. Super. Ct. 651.
HYPOTHECATION. A term borrowed from the civil law. In so far as it is nat­uralized in English and American law, it means a contract of mortgage or pledge in
which the subject-matter is not delivered into the possession of the pledgee or pawnee; or, conversely, a conventional right existing In one person over specific property of an­other, which consists in the power to cause a sale of the same, though it be not in his possession, in order that a specific claim of the creditor may be satisfied out of the pro­ceeds.
The term is frequently used in our text­books and reports, particularly upon the law of bottomry and maritime liens; thus a ves­sel is said to be hypothecated for the demand of one who has advanced money for sup­plies.
In the common law, there are but few, if any, cases of hypothecation, in the strict sense of the civil law; that is, a pledge without possession by the pledgee. The nearest approaches, per­haps, are cases of bottomry bonds and claims of materialmen, and of seamen for wages; but these are liens and privileges, rather than hy­pothecations. Story, Bailm. § 288.
"Hypothecation" is a term of the civil law, and is that kind of pledge in which the posses­sion of the thing pledged remains with the debt­or, (the obligation resting in mere contract with­out delivery;) and in this respect distinguished from "pignus," in which possession is delivered to the creditor or pawnee. Whitney v. Peay, 24 Ark. 27. See 2 Bell, Comm. 25.
HYPOTHECATION BOND. A bond giv­en in the contract of bottomry or respon­dentia.
HYPOTHEQUE. In French law. Hy­pothecation ; a mortgage on real property; the right vested in a creditor by the assign­ment to him of real estate as security for the payment of his debt whether or not it be accompanied by possession. See Civ. Code La. art. 3360.
It corresponds to the mortgage of real prop­erty in English law, and is a real charge, fol­lowing the property into whosesoever hands it comes. It may be legale, as in the case of the charge which the state has over the lands of its accountants, or which a married woman has over those of her husband; jiidunaire, when it is the result of a judgment of a court of jus­tice ; and conventtonelle, when it is the result of an agreement of the parties. Brown.
HYPOTHESIS. A supposition, assump­tion, or theory; a theory set up by the pros­ecution, on a criminal trial, or by the de­fense, as an explanation of the facts in evi­dence, and a ground for inferring guilt or in­nocence, as the case may be, or as indicating a probable or possible motive for the crime.
HYPOTHETICAL QUESTION. A com­bination of assumed or proved facts and cir­cumstances, stated in such form as to consti­tute a coherent and specific situation or state of facts, upon which the opinion of an expert is asked, by way of evidence on a trial. Howard v. People, 185 111. 552, 57 N. E. 441; People v. Durrant, 116 Cal. 216, 48 Pac. 85; Cowley v. People, 83 N. Y. 464, 38 Am. Rep. 464; Stearns v. Field, 90 N. Y. 641.

HYPOTHETICAL YEARLY 586
HYTHE

HYPOTHETICAL YEARLY TENAN­CY. The basis, in England, of rating lands and hereditaments to the poor-rate, and to other rates and taxes that are expressed to be leviable or assessable in like manner as the poor-rate.
HYRNES. In old English law. A par­ish.
HYSTERIA. A paroxysmal disease or disorder of the nervous system, more common in females than males, not originating in any anatomical lesion, due to psychic rather than physical causes, and attended, in the acute or convulsive form, by extraordinary manifesta­tions of secondary effects of extreme nervous­ness.
Hysteria is a state in which ideas control the body and produce morbid changes in its func­tions. Mcebius. A special psychic state, char­acterized by symptoms which can also be pro­duced or reproduced by suggestion, and which can be treated by psychotherapy or persuasion, hysteric and hypnotic states being practically equivalent to each other. Babinski. A purely psychic or mental disorder due to hereditary predisposition. Charcot. A state resulting from a psychic lesion or nervous shock, leading to repression or aberration of the sexual in­stinct. Freud. Hysteria is much more com­mon in women than in men, and was formerly thought to be due to some disorder of the uterus or sexual system; but it is now known that it may occur in men, in children, and in very aged persons of either sex.
In the convulsive form of hysteria, common­ly called "hysterics" or "a fit of hysterics,"
there is nervestorm characterized by loss or abandonment of self-control in the expression of the emotions, particularly grief, by par­oxysms of tears or laughter or both together, sensations of constriction as of a ball rising in the throat (globus hystericus), convulsive movements in the chest, pelvis, and abdomen, sometimes leading to a fall with apparent un­consciousness, followed by a relapse into semi-unconsciousness or catalepsy. In the non-con­vulsive forms, all kinds of organic paralyses may be simulated, as well as muscular contrac­tions and spasms, tremor, loss of sensation (anr assthesta) or exaggerated sensation (hyperesthe­sia), disturbances of respiration, disordered ap­petite, accelerated pulse, hemorrhages in the skin (stiffmata), pain, swelling, or even disloca­tion of the joints, and great amenability to sug­gestion.
—Hystero-epilepsy. See Epilepsy.
HYSTEROFOTMOI. Those who, hav­ing been thought dead, had, after a long ab­sence in foreign countries, returned safely home; or those who, having' been thought dead in battle, had afterwards unexpectedly escaped from their enemies and returned home. These, among the Romans, were not permitted to enter their own houses at the door, but were received at a passage opened In the roof. Enc. Land.
HYSTEROTOMY. The Csesarean opera­tion. See Cesarean Section.
HYTHE. In English law. A port, wharf, or small haven to embark or land merchan­dise at Cowell; Blount.

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