A Dictionary of Law

See Insanity.

"Under the hammer" refers to public sales by a sheriff or auctioneer. In Rome, auctioneers stood beside a spear fixed upright in the forum; and the goods were said to be sold sub h

5 A bag or basket, kept in offices of the court of chancery to receive dues paid for the seals of charters, patents, commissions, and writs; then, the exchequer of chancery. Writs

The judgment in a capital case is, that the prisoner " be hanged by the neck till dead." ^ Hanged is preferred to hung, as the past participle. Hangman. One who executes a prisoner

The foundation of ethits or natural law is "that every man should ' Fee V. Taylor, 83 Ky. 263-63 (1886), Holt, J. See also Bose V. First Nat. Bank of Springfield, 91 Mo. 401-3 (188

1, V. To receive and conceal clandestinely; to secrete, so that another who has the right of custody shall be deprived thereof: as, to harbor a wife, child, apprentice, fugitive sl

Refers to an argument why a thing shoulder should not be allowed because of the severity of the law as applied to the particular case. Where a statute is clear and imperative, of n

Referring to a season of the year, the time when crops of grain and grass are gathered; does not apply to second crops cut out of harvest time.2 See Crop; Emblements.

See Carey, 1.

See May, May have. "To have and to hold," in a deed, defines the extent of ownership in the matter granted. Kejeoted, if repugnant to the rest of the deed.s See further Habere, Hab

The primary idea of a "hawker and peddler" is that of an itinerant or traveling trader, who carries goods about for sale, and actually sells them, in contradistinction to a trader

1 Danger, peril, risk, but not necessarily the greatest degree. 2 Hazardous. Involving danger; accompanied with risk; perilous: as, a hazardous contract. " Hazardous," " extra haza

1. He who provides for a family, q. V. 3. The responsible person; the chief; the principal: as, the head of a department of government, q. v. 3. Compare Caput; Poll. Headnote. A st

What is heard as rumored; testimony not a matter of personal knowledge with the witness. That kind of evidence which does not derive its value solely from the credit to be given to

Will of itself make a statute prospective, and save pending suits."

1. Subject to inheritance, q. V. 2. Transmitted to descendants: as, hereditary insanity, q. v.

May refer to the section, the chapter, or the entire enactment in which it is used.2

Compare Ante. In the clause, in a will, " I give.. to the persons, societies and corporations to 'whom I have hereinbefore made bequests..." means, as the same 710W is or exists.^

See Religion.

In time p8(^t,< See Jury, Trial by.

5 A render of the best beast or other good (as the custom may be) to the lord on the death of the tena!nt of a copyhold estate.* Also called "heriot-custom." " Heriot-service " was

See Inheritance.

' ' Legal hermeneutics " are the rules, as a system, for discovering the meaning of written language. 8

See Pueblo.

See Abscond; Conceal.

To " hinder and delay " creditors is to do something which is an attempt to defraud them; to put some obstacle in the path, or interpose some time, unjustifiably, before the credit

A contract for the use of personalty, or for services. A species of bailment for a price or recompense. 1. As to things. A contract whereby the possession and a transient property

See Book. Historical facts, of general and public notoriety, may be proved by reputation; and that reputation may be established by historical works of known character and accuracy

Restrains the meaning of a phrase to a period of time then elapsed.*

See under H.

See Hotchpot.

A secular day on which the law exempts all persons from the performance of contracts for labor or other personal service, from attendance at court, and from attention to legal proc

i An instrument written entirely in the hand of one person, as, by a grantor, or testator. Spelled also olograph. Whence holographic, and olographic.2 An olographic will being " on

While children "remain at home," in a will, may refer to the household of which the testator was head.^ See Household. Where a person takes up his abode, without any present intent

s The killing of any human creature.' A generic term, embracing every mode by which the life of one man is taken by the act of another.8 Criminal homicide consists in the unlawful

^ To say the like.B Homologation. Approbation; confirmation; ratification, whether by a party or a court. In use in civil and Scotch law. HONESTE VrVERE. See Law.

When a transaction is as compatible with honesty as with dishonesty, the former is always presumed.^ A person who keeps in his employ a servant found to be dishonest cannot have re

1. To accept a bill of exchange, or to pay a promissory note, according to its tenor. MBl. Com. 183-88. '4 81. Com. 188-301. »3B1. Com. 340, 363. <Gk. homologein, to assent, agree;

A name formerly given to an elementary treatise upon any subject. Horn-book law. Elementary or rudimentary law. A "horn-hook" was originally a sheet containing the alphabet, mounte

A generic term, including, ordinarily, the different species of the animal, however diversified by age, sex, or artificial means.* In a given connection may not include a " gelding

See Charity, 3.

See Embargo; Enemy; Possession. Adverse.

7 Blending properties belonging to two or more persons in order to make an equal division. Also spelled hodge-podge, hotch-potch, hotspot. As, where advancements (q. v.) are treate

What in France was known as a hotelerie,^ and in England as a common "inn "of the superior class found in cities and large towns, s See Inn; Tavern.

Certain grants of land in Louisiana; as to the history of which see the case cited hereto. *

See Business; Day; Service, 1; Time.

1. A dwelling-house; a building divided into floors and apartments, with four walls, a roof, doors, and chimneys. But not necessarily precisely this.* Involves the ideas of an edif

A grant of land in feudal ages was perfected by the ceremony of corporal investiture: open and notorious delivery of possesion in the presence of other vassals. Made by putting a v

Compare Hawker. HUE-AlfD-CRY.i In old common law, puisuing, with horn and voice, felons and such as dangerously wounded another. Statute of 13 Edw. I (1286), c. 1-4, directed' that

A civil division of a county. Consisted ot ten tithings. So called, because it was equal to a hundred hides of land; or because it furnished one hundred men In time of war.' Hundre

In old English law, a species of sledge, on which traitors were drawn to the place of execution. 3 See Treason.

A man who has a wife ; a man legally bound in wedlock to a wife. "Husband and wife" describes persons connected by the marriage tie, and the relation signifies those mutual rights

See Blackmail.

^ 1. A temporary court held for the election of members of parliament; also a court held in London before the lord mayor, recorder, and sheriffs, with jurisdiction over actions for

2 In Roman law, a pledge without possession by the pledgee, — the possession remaining in the pledgor. ^ A security whereby realty or personalty is appropriated or pledged for the

* In criminal practice, a theory proposed in explanation of the facts in a case, and to establish either guilt or innocence. Hypothetical. Assumed for the purpose of inference or o

Existing in act; really acted; I real, at present time; as a matter of fact. ! Opposed, constructive: speculative, implied, legal. An assault with " actual " violence is with physi

See Ratio, Ibi, est, etc. IBID; IBIDEM. See Idem.

Sameness. 1. In larceny, trover, detinue, and replevin, the thing in question must be identified; so in torts, for damage done to specific property; and so in all indictments where

See Consideration, 1.

Not the condition of a deranged mind, but the total absence of all mindiS A congenital disorder, consisting in a defect or sterility of the intellectual powers.* Idiot. One that ha

See Vaqkanot. rP. Implies a condition precedent, unless controlled by other words.8 A word of condition, or of conditional limitation.* To sell property " if it be thought best " m

211 (1883); 1 Gray, 367; 39 N. J. E. 435. 3Insley «. Shepard, 31 F. B. 872 (1887), Blodgett, J.; 111. Act. 28 March, 1883, § 106. ' Manis v. State, 3 Heisk. 315 (1871). ° Fassett v

Shame, disgrace, dishonor: as, in a statute excusing a witness from answering to save himself from ignominy.i See Criminate.

Want of knowledge or information, whether of a matter of fact or of a matter of law. See Illiterate. Ignorance of a particular fact consists in this, that the mind, capable of heal

Not to know or know of; to have no knowledge of. Ignoramus. We do not know it; we ignore it. If the grand jury think an accusation groundless, they endorse on the back of the bill

To refuse to find a bill of indictment. See Ignoeaki. IL-. A prefix from the Latin in, not; negatives the sense of the simple word. See In, 3. ILIi. 1. Contracted from evil: as in

Whatever shocks the sense of decency in people generally. At common la-w, indictable as a misdemeanor. Examples; Exposure of the person in public, exhibiting pictures of nude perso

Moving into a country, usually to acquire citizenship. The act of Congress of August 3, 1882 (22 St. L. 214), which levies a duty of fifty cents for every foreign passenger coming

See Legal; Eeuor, 3 (2), Erroneous.

See Legitimate.

See Levy.

See House, Of ill-fame.

* Bisallowed: forbidden by law; unlawful; illegal: as, illicit intercourse, trade, distilling. Illicit intereo-urse. Fornication, or adultery. Illicit trade. In marine insurance, t

Without knowledge of written language; ignorant. To induce an illiterate person, by false reading, to subscribe an agreement, may be a fraud upon his rights, and may even amount to

See Benefits; Disease; Health; Languidus.

See Cruelty; Maltreatment.

See Insanity, Compare Delusion.

See Appointment, 2.

See Malice; Prejudice. IM-..^ prefix from the Latin in, not; in, into, upon. See In, 3.

See Treason.

Without strength, impotent. In a petition for divorce by a wife for- corporal imbecility in the husband, it is necessary to show a permanent, incurable impotency to consummate the

See Material.

Direct; present; near — in time, or kinship. That which is produced directly by the act to which it is ascribed, without the intervention or agency of any distinct, intermediate ca

See Movable. JMMITNlTY.s Exemption from a duty, obligation, penalty, or service, which the law requires of citizens in general. Freedom from what otherwise would be a duty or burde

To make worse: to diminish in quantity, value, excellence, strength; to lessen in power; to deteriorate.' To relax, weaken, injure. Impair liealth. See Intemperate. " No state shal

4 1. Applied to a juror, indifferent as he stands unsworn; 5 has not formed an opinion as to the issue.* '■In all criminal prosecutions, the accused shall en joy the right to a spe

See Panel. '

s Opportunity for a conference. 1. An indulgence granted a defendant to defer pleading to the action until a subsequent term. Trapnall, 10 How. 190 (1850); Hawthorne v. Calef, 2 Wa

In a statute excluding from an administratorship or executorship a person improvident in liabits, the reference is to such habits of mind and conduct as render a man unfit for the

See Duty, 1; Perfect.

Dominion; authority; jurisdiction. Divisum. imperium. A divided jurisdiction; jurisdiction belonging to more than one tribunal, or exercised alternately, between powers. As, the ju

See Plea, 3.

Things necessary in any trade, without which the work cannot be performed; also, the furniture of a house. Implements of household are tables, presses, cupboards, bedsteads, wainsc

An inference of something, not directly declared, but arising from what is admitted or expressed. ^ Implied. Infolded: involved in language or intention; resting upon inference; im

1, V. To bring from a foreign jurisdiction or country merchandise not the product of this country. ^ 71. Most commonly imports: the goods or other articles brought into this countr

See Deceit;Extoetion; Fraud; Mistake; Reform.

See Possibility.

A custom or tax levied on articles brought into a country.^ A duty on imported goods and merchandise. In a larger sense, any tax or imposition. Synonymous with duty; comprehends ev

See Imbecility; Inspection, Of person.