A Dictionary of Law

A writ commanding the sheriff to bring up the persons of jurors, and, if need were, to distrauin tiem of their lands and goods, in order to insure or compel their attendance in cou

(You have the body.) The name given toa 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 c

The English statute of 31 Car. IL. c. 2, is the original and prominent habeas corpie act. It was amended and supplemented by St. 56 act is justly regarded as the greaf constitu. ti

In old conveyancing. To have and to hold. Formal words in deeds of land from a very early period. Bract. tol, 178.

In old Englishlaw. Rich men; literally, having men. The same with fasiing-men, (g.v.) Cowell.

Riches. Mon, Angl. t. 1, 100.

Lat. In thecivil 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

That you cause to have possession. The name of the process commonly resorted to by the successful party in an action of ejeectment. for the purpose of being placed by the sheriff i

That you cause to have a view. <A writ to cause the sheriff to take a view of lands or tenements,

That you cause to have seisin. The writ of execution in real actions, directing the sheriff to canse the demandant to have seisin of the lands recovered. It was the proper process

Lat. In Reman law, To allow [one] to have [possession.] This phrase denoted the duty of the seller of property to allow the purcliaser to have the possession and enjoyment. Fora br

A diminutive of hauberk, a short coat of mail without sleeves. Blount.

A cloth of a mixed color. Magna Charta, c. 26.

Have or take your effects to yourself. Oneof Lhe old Roman forms of divorcing a wife. Calvin.

Lat. Fit; suitable; active; useful, (of a servant.) Proved; authentic, (of Book of Saints.) Fixed; stable, (of authority of the king.) Du Cange.

A disposition or condition of the body or mind acquired by custom or a usual repetition of the same act or function.

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 comf

It is dificult to give an exact delinition of “habitancy.” In general terms, one may be designated as an “inhabitant” of that place which constitutes the principal seat of his resi

Bythelawof 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

Fr. In French and Ca nadian law. <A resident tenant; a settler; a tenant who kept hearth and home on the seigniory.

In the éivil law. The right of dwelling; the right of free residence in another’s house. Inst. 2, 5; Dig. 7, 8.

fn the civil law. The right of a person to live in the honse of another without prejudice to the property. It differed from a usufruct, in this: that the usutructuary might apply t

The statute 32 & 33 Viet. 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 a

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. 18 Pa. St. 172. On

Fr. In old English law, A port or harber; a station for ships. St. 27 Hen. VI. c. 3.

In Romanlaw. An exception. In a general sense, a judicial alle gation opposed by a defendant to the pisintiff's action. Calvin. A stop or stay to an action opposed by the defendant

L. Lat. This is the final agreement. The words with which the foot of a fine commenced. 2 Bl. Comm. 351.

In Spanish law. The public domain; the royal estate; the aggregate wealth of the state. The science of administering the national wealth; public econ-

Carriages plying for hire in the street. The driver is Niable for hee: nesli tani tly losing Ng baggage. DSBEAgS

In Saxon law. A recompense or satisfaction for the violation of holy orders, or violence offered to persons in holy orders. Cowell; Blount.

In Hindu law. A bonndary or limit, A statutory punishment delined by law, and not arbitrary. Mozley & Whitley

Hatred; ill will; prejudice, or partiality. Spelman; Cowell.

A tax or mulet. Jacob,

In the civil law. Extraneous, strange, or foreign heirs; those who were not subject to the power of the testator. Inst. 2, 19, 3.

A haven or port. Cowell.

A contract in which the performance of that which is one of its objects depends on an uncertain event, Civil Code La. art, 1769. Seel J. J. Marsh, 596, HE. Tho use of this pronoun

A hedge. Mon. Angl. tom. 2, p. 273.

A little hand-gun. St. 33 Hen. VIII. e. 6.

<A hand-gun of a larger description than the lagne. St. 2 & 3 Edw. Vi.e. 14,4&5P.&M. c. 2.

A park inelosed. Cowell.

In old English law. A permission or liberty to take thorns, etc., to make or repair hedges. Blount.

In Seotch law. Whole; the whole. * All and haill” are common words in conveyances. I Bell, App. Cas. 499.

{@. ¢., holyworkfolk.) Those who, formerly held lands by the service of defending or repairing a church or monument. gear, and bring the same Home again. Skene de Verb. Sign.

In Scotch Jaw. The crime of assaulting a person in hia own house, Bell.

A military coat of defense,

A noble, or six shillings and eight pence in iinglish money,

A term denoting the degree of relationship which exists between those who have the same father or tne same mother, but not both parents in eommon. See BROTHER.

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

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 wus discontinued in 1857.

In common-law pleading. The technical name of the come mon clause at the commencement of a de fendant’s plea: “And the said defendant, by » his attorney, comes and defends the wron

A silver (now nickel) coin of the United States, of the value of tive cents.

A silver coin of the United States, of the value of Bity cents, or one-half the value of a dollar.

A moiety, or half of a thing.

A gold eoin of the United States, of the value of five dollars.

In Saxon law. Haitking, (semi-rex.) <A title given to the aldermen of all England. Crabb, Eng. Law, 28; Spelman.

Inihe civillaw. Proof by one witness, or a private instriment. Hallifax, Civil Law, b. 3. ¢. 9, ne. 25; 3 Bl. Comm, 370. Or prima facie proof, which yet was nob sufficient to found

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 “recogni

A jury half of one tongue or nationality and half of another. See DE Mrpiera Te Linev 2.

In legal cumputation, The period of one hundred and eighty-two days; the odd hours being rejected. Co. Litt, 1856; Cro. Jae. 166; Yel. 100; 1 Steph. Comm. 265.

In Saxon law. The meeting of a hall, (conventws aule,) that is, a lord’s court; a court of a manor, or courtbaron. Spelman. So called trom the hadi, where the tenants or freemen me

In English law. The feast of All Saints, on the Ist of November; one of the eross-quarlers of the year, was computed from Halimas to Candlemas. Wharton,

Peter. <A collection of Latin maxims and roles in law and equity, selected from the most eminent authors on the civil, canon, feudal, English, and Scots law, with an English transl

The superior courts, both of law and equity, were for centuries fixed at Westminster, an ancient palace of the monarchs of Evgland. Formerly, all the superior courts were held befo

A building or room of considerable size, used as a place for the meeting of public assemblies, conventions, courts, ete. In English law. A name given to many manor-houses because t

In old Englishlaw. Afee or toll due for goods or merchandise vended inahall. Jacob. A toli due to the lord of a fair or market, for such commodities as were vended in the common ha

Hall assembly. A species of court-baron.

In medical jurisprudence. <A species of mania; the percepternal cause, arising from disorder of the hervous system; delusion, Webster,

See HALLE-GuMOTE.

That which was formerto the court of delegates, either in ecclesiastical or marine causes.

A holy or ecclesiastical court. A court held in London before the lord msyor and sheriffs, for regulating the bakers, It was anciently held on Sanday next before St. Thomas’ day, a

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.

In old English law. A hook; an engine with which a house on fre is pulled down. Yel. 60. A piece of land,

Inforestlaw. The hoxing or hock-sinewing of dogs; an old mode of laming or disabling dogs. ‘Termes de la Ley.

In Scotch law. The violent entering into a man’s house without license or against the peace, and the seeking and assaulling him there. Skene de Verb. Sign.; 2 Forb. Inst. 139. The

(Sax. From fem, a house.) In Saxon law. An assault made in a house; a breach of the peace in a private house.

A small village; a part or member of a vill. It is the diminutive of “ham,” a village. Cowell.

A close joining toa house; a croft; a little meadow. Cowell

Metuaphorically, 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 ofticer ot the law or by an a

In the civil law. A vacant inheritance. So long as no one had acquired the inheritance, if was termed “Aereditas jacens;” and this, by a legal fiction, represented the person of th

Theright of security and privacy in a man’s house. Du Cange. The breach of this privilege by a foreible entry of a house is breach of the peace. Du Cange.

A hamper or basket in which were kept the writs of the court of chaneery relating to the business of a subwrits, etc., were there kept. Spelman; Du Cange.

An office belonging to the common-law jurisdiction of the court of chancery, so called becanse all writs relating to the business of a subject, and their returns, were formerly kep

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.

A wrilten or printed notice displayed to inform those concerned of something to be done.

In Saxonlaw. A hand pledge; a name given to the nine pledges in a decennary or friborg; the tenth or chief, being called “headborow.” (q. v.) So called as being an inferior pledge

An appellate court is said to “hand down” its decision in a case, when the opinion is prepared and Sled for transmission to the court below.

Betrothment.

Peace or protection given by the king with his own hand.

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.

Money paid in hand to bind a bargain; earnest money.

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

MHandsale, or earnest money.

The chirography of a person; the cast or form of writing peculjar to a person, including the size, shape, and style of letters, tricks of penmanship, and whatever gives individuali

Inold practice. To remain undetermined. “It has kuzg long enough; it is time it were made an end of.” Holt, C. J., 1 Show. 77. Thus, the present participle means pending; during th

In criminallaw. Suspension by the neck; the modeof capital punishment used in England from time immemorial, and generally adopted in the United States. 4 Bl. Comm. 403,

Inatrocious cases it was at one time usual, in England, for the court to direct a murderer, after exe cution, to be hanged upon a gibbet in chains near the place where the murder w

An executioner. One who executes condemned criminals by hanging,

In Saxon law. A fine for illegal hanging of a thief, or for allowing him to escape. Immunity from such fine, Du Cange.

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 “Ilanséatic League.”

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.