A Dictionary of Law

A holding beyond a tern; a continuing in possession after the expiration of a term. ‘The act of keeping possession of premises leased, after the expiration of the term of the lease

In criminal practice. A formality observed in the arraignment of prisoners. Held to be not absolutely necessary. 1 W. Bi. 3, 4,

To bold 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

A religions festival; a day set apart for commemoraling some important aventin history;a day of exemption from labor. Welster. A day upon which the usual operations of business are

An island ina river or the sea. Spelman. Plain grassy ground upon water sides or in the waler. Blount. Low ground intersected with streams. Spelman.

In Spanish law. A holograph. An instrument (particularly a will) wholly in the handwriting of the per-

A will or deed written entirely by the testator or granter with his own hand.

Sax. In old English law. A wood or grove. Spelman; Cowell; Co. Litt. 4b.

Henry James. A new Jaw dictionary, containing expianations of such technical terms and phrases as occur in the works of legal authors, in the practice of the courts, and in the par

Franz von. Hechts- Lexicon. [Part second of his Eneyclopwdie der Rechts-wissenschaft.] 2 yois. 8vo. Leipsie, 1576.

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 po

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 acknow

In feudal law. Homage was called by this name where amanand his ancestors had immemorially held of another and his ancestors by the service of homage, whieh bound the lord to warra

A jury in a courtbaron, consisting of tenants that do homage, who are to inquire and make presentments of the death of tenants, surrenders, admittances, and the like,

That kind of homage which was due to the sovereign alone ag supreme lord, and which was done without any saving or exception of the rights of ether lords. Spelman.

One who does or is bound todo homage. Cowell.

A writ to the escheator commanding him to de liver seisin of lands to the heir of the king's tenant, notwithstanding his homage not done. Fitzh. Nat. Brev. 269.

Homage, {g. *.)

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

In fendal law. Vain homage; a species of homaga which bound him who did it to nothing more than fidelity, without any obligation either of military service or attendance in the cou

In feudal luw. Simple homage; that kind of homage which was merely an acknowledyment of tenure, with a saving of the rights of other lords. Harg. Co. Litt. note 18, lib. 2.

In Spanish law. fn good standing; one whe Is competent to teatify in a suit.

Whena person voluntarily takes up his abode in a given place, with intention tovemain permanently, or for an indefinite period of time, or without any present intention to remove t

or HOMME. L. Fr. Man; a man. Home ne sera puny pur suer des briefes en court le rey, soit il a droit ou atort. A man shall not be punished for suing out writs in the king’s court,

A port in a state in which the owner of a vessel resides,

A mansion-house.

The home place; the place where the home is. It is the home, the lousa and the adjuining Jand. where the head of the family dwells; the home farm. 386 N. H. 166. The fixed residenc

Laws passed in most of the states allowing a householder or head of a family to designate a houce and land as his homestead, and exempting the same homestead [rom execu-

Pertaining to homicide; relating to homicide; impelling te homicide, as a homicidal mania..

The killing any human ereature. 4 Bl. Comm. i177. Thea act of a human being in killing another human being. *Honicide," as a term, does not import crimes. It includes crimes, such,

See Homicips PER INKORTUNIUM.

Lat, Homicide, (¢. v.) Homicidium ex jgustitia, homicide in the adminisiration of justice, or in the execution of the sentence oi the law. Homicidium ex iecessitate, homicide from

The mustering of men; the doing of homage.. HOMINE CAPTO IN WITHERNAM-

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

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.,

Lat. In feudal law. Men; feudatory tenants who claimed a privilege of having their causes, ete., tried only in their lord’s court. Paroch. Antiq. 15.

Men of a middleand base condition. Blount.

In feudal law. Liege men; feudal tenants or vassals, especially those who held immediately of the sovereign. 1 Bl. Comm, 367, Hominum causa jus constitutum est. Law is established

In old English law. The maiming of a man. Blount.

Fr. Man;aman. Thisterm is defined by the Civil Code of Louisiana to include a woman. Article 3522, nn. 1, 2.

Fr. In feudal law. Men of the fief; feudal tenants, the peers in the lords’ courts. Montesq., Esprit des Lois, liy. 28, c. 27.

Fr. In feudal law. Feudal tenants; the same with hommes de fief, (q- v.) Montesq., Esprit des Lois, liv. 28, e. 36.

Lat. A man; a human being, male or female; a vassal, or feudal tenant; a retainer, dependent, or servant.

In feudal law. One who surrendered himself into the power of another for the sake of protection or support. See COMMENDATION.

A church vassal; one who was bound to serve achurch, especially to do service of an agricultural character. Spelman.

A manof the army, (exercitus;) a soldier.

A vassal or tenant; one who held a fee, (feodum,) or part of afee. Spelman.

or FISCALINUS, A servant or vassal belonging to the treasury or fiscus.

Inold English law. A freeman. A Frencliman.

A fres man. A free and lawful man. A yeoman.

A freeman.

A liege man; a subject; a king’s vassal, The vassal of a sub ject.

In Spanish law, space of ten days, to complain of the sentences of arbitrators, appointment of syndics, or assignees of insolvents, settlements of successions, etc. Also the approv

in thecivillaw. To confirm or approve; to consent or assent; to confess. Calvin.

In modern civil law. To approve; to confirm; as a court Aomologates a proceeding. See HoMOLOGATION. Literally, to use the same toords with an- Other; to say the like. 9 Mart. {La.)

In feudal law. A new tenant or vassal; one who was invested with a new fee. Spelman.

In feudal law. A feudal bondman or vassal; one who be longed to the soil, (qui glebe adacribitur.) Homo potest esse habilis et inhabilis diversis temporibus. 5 Coke,98, Aman may be

A king’s vassal, ©

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,

A man of the three letters; that is, the three letters, “f,” “u,” “r;” the Latin word fur meaning “thief.” Homo vocabulum est naturs; porsona juris civilis. Man (homo) is a term of

Sax, Having in hand. See HANDIABEND.

Lat. To live honorably, creditably, or virtuously. One of the three general precepts to which Justinian reduced the whole doctrine of the law, (Inst. 1, 1, 3; Bract. fols. 3, 88,)

Of good character or standing. Coram duobus vel pluribus viris legalibus et honestis, before two or more lawful and good men, Braet. fol. 61.

ce. Toaccepta bill of exchange, or to pay a note, check, or accepted bill, at maturity and according to its tenor, baron or lerd paramount. Alsv those dignities or privileges, degr

A title of courtesy given in England to the younger children of earls, and the children of viscounts and bar ons; and, collectively, to the house of commons. In America, the word i

In the civil law. An honorary or free gift; a gratuitous payment, as distinguished from hire or compensation. fur service; a lawyer's or counsellor’s fee. Dig. 50, 13, 1, 10-12. An

In Roman law. The law of the pretors and the edicts of the wediles.

Titles of nobility, descendible te the eldest son, in exclusion of allthe rest, 2 Bl. Comm. 56,

In feudal law. Special services to be rendered to the king in person, characteristic of the tenure by grand serjeanty; such as to carry his banner, his sword, or the like, or to be

Trustees to preserve contingent remaindera, so called because they are bound, in henor only, to de cide on the most proper and prudential course, Lewin, Trusts, 408.

Tribunals held within honors or seigniories.

By reason of honor or privilege. Sea CHALLENGE. HONTFONGENETHE®, In Saxon

Ahill. Co. Litt. 5b.

Land plowed and sown avery year. ¥ f

A valley. Cowell.

In old English law. A valley. Co. Litt. 40.

A Chinese term for a collector; an overseer of commerce,

In old English law. The morning bell, as ignitegium or coverfeu (curfew) was the evening bell. Hora non est multum de substantia negotii, licet in appollo de ea aliquando fiat ment

or JUDICIA. Tiours during which the judges sat in court to attend to judicial business.

In Spanish law. <A gallows; the punishment of hanging. White, New Recop. b. 2, tit. 19, c. 4, § 1.

Inold records. A cow incalf.

A treasurer. Du Cange.

Inold Englishlaw. A hoard; a treasure, or repository. Cowell.

Im old records. Barley. Hordeum palmate, beer barley, as distinguished from common barley, which was called “hordewm quadragesimale.” Blount.

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

A primer; a book exvlaining the rudiments of any science or branch of knowledge. The phrase “hornbook law” is a colloquial designation of the rudiments or most familiar principles

Sax. In old English law. A tax withina forest, paid for horned beasts. Cowell; Blount,

In Seotch 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

Lat. A place for keeping grain; agranary.” A place for keeping fruits, wines, and goods generally; a store-houge. Calvin.; Bract. fol. 48.

Fr. 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 tle compass

Untila horse has attained the age of four years, he is called a colt, 1 Rusa. & R. 416. The word “horse” is used in a quasi generic sense, to include every description of the male,

The directing power of the military forces of the kingdom of Great Britain. The commander in chief, or rt office, but the relations between them are complicated. Wharton.

Fr. Except. Literally translated by the Scotch “out taken.”

In old English law. The weall, or Briton who had care of the king’s horses.

In old English law. A service or cerece, consisting in watching the horses of the lord. Ane. Inst. Eng.

Lat. In the civil law. A garden. Dig. 32, 91, 5.

Lat. A guest. 8 Coke, 82.

A great chamberlain.

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 “charita

The knights of a religions order, so called because they built a hospital at Jerusalem, wherein pilgrims were received. All their lands and goods in Kngland were given to the sover