Black's Law Dictionary

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 ta

An abbreviation for hoc anno, this year, in this year.

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 cour

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

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

A writ which is issued to remove, for trini, 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 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

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 Bl. Comm. 130.

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 l

In English practice. A writ which issues when a prisoner has bad judgment against him in an action, and the plaintiff is desirous to bring him up to some superior court, to charge

A writ 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,

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. 1

(You have the body, with the cause.) Another name for the writ of habeas corpus ad. faciendum et recipiendum, (q. v.) 1 Tidd, Pr. 348, 349.

1 Phil. Ev. 307. We have the best witness,—a confessing defendant "What is taken pro confesso is taken as indubitable truth. The plea of guilty by the party accused shuts out ali f

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 enjoye

In old conveyancing. To have and to hold. Formal words in deeds of land from a very early period. Bract, fol. 17b.

In old English law. Rich men; literally, having men. The same with fœsting-men, (q. v.) Cowell.

Riches. Mon. Angl. t. 1, 100

Lat. A form of the salutatory expression "Ave," (hail,) in the titles of the constitutions of the Theodosian and Justinianean Codes. Calvin; Spelman.

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

Lat. That you cause to have possession. The name of the process commonly resorted to by the successfui party in an action of ejectment, for the purpose of being placed by the sheri

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

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 br

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

Lat Have or take your effects to yourself. One of the 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. Knickerbocker L. Ins. Co, v. Foley, 105 U. S. 354, 26 L. Ed. 10

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

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 no

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 ru

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

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

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 t

By statute in several states, one who is convicted of a felony, having been previously convicted of any crime (or twice se convicted) or who is convicted of a misdemeanor and has p

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. Ludwick v. Co.m.,

L. Fr. In old English law. A port or harbor; a station for ships. Sti 27 Hen. VI. c. 3.

In Spanish law. The public domain; the royal estate; the aggregate wealth of the state. The scienco of administering the national wealth; public economy. Alse an estate or farm bel

Carriages plying for hire in the street. The driver is liable for negligently losing baggage. Mas-terson v. Short, 33 How. Prae. (N. Y.) 486.

In the civil law. An heir to the whole estate; a sole heir. Inst. 2, 23, 9. —Hœres extranens. In the civil law. A strange or foreign heir; one who was not subject to the power of t

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 boundary or limit. A statutory punishment defined by law, and not arbitrary. Mozley & Whitley.

In old English law. Hatred; ili will; prejudice or partiality. Spelman; Cowell.

In old English law. A tax or mulct. Jacob.

God makes the heir, not man. Co.. Litt. 7b.

More remote heirs. The kinsmen other than children or descendants

By the title of heirs, come the heirs of heirs to infinity. Co.. Litt 9.

A testamentary heir; one appointed by the will of the decedent. —Hœres legitimus. A lawful heir; one pointed out as such by the marriage of his parents.

In the civil law. An heir bom; one bom heir, as distinguished from one made heir, (hœres factus, q v ;) an heir at law, or by intestacy, (ab intestato;) the next of kin by blood, i

A haven or port Cowell. —Hafne courts. Haven courts; courts anciently held in certain ports in England. Spelman.

Haven courts; courts anciently held in certain ports in England. Spelman.

A house in a city or borough. Scott

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

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

A hand-gun of a larger description than the hagne. St 2 & 3 Edw. VI. f. 14 ; 4 & 5 P. & M. c. 2.

In old English law. A park inclosed. Cowell.

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

In Scotch law. Whole; the whole. "All and halll" are common words In conveyances. 1 Bell, App. Cas. 499.

(i.e., holyworkfolk.) Those who formerly held lands by the service of defending or repairing & church or monument.

In old Scotch law. To seek restitution of one's own goods and gear, and bring the same home again. Skene de Verb. Sign.

In Scotch law. The crime of assaulting a person in his own house. Belli

A moiety; one of two equal parte 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,

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

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.

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.

See Defense

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

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

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

A moiety, or half of a thing.

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

A noble, or six shillings and eight pence in English money.

Compensation for services which a ilot 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

In the civil law. Proof by one witness, or a private instrument. Hallifax, Civil Law, b. 3, c. 9, no. 25; 3 Bl. Comm. 370. Or prima facie proof, which yet was not sufficient to fou

See Hale.

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.

In American land law. The half of a section of land according to the divisions of the government survey, Inid off either by a north-and-south or by an east-and-west line, and contn

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

In legal computation. The period of one hundred and eighty-two days; the odd hours being rejected. Co. Litt. 135b; Cro. Jac. 166; Yel. 100; 1 Steph. Comm. 265; Pol. Code Cal. 1903,

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 Englan

In Saxon law. The meeting of a hall, (conventus aulæ,) that ls, a lord's court; a court of a manor or court-baron. Spelman. So called from the hall, where the tenants or freemen me

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.

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 t

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 commo

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,

In Saxon law. Hali-gemot, (q. v.)

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, su

See Haligemot.

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 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 fire is pulled down. Yel. 60. A piece of land.

In forest law. The hox-ing 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 assaulting him there. Skene de Verb. Sign.; 2 Forb. Inst 139. The c

(Sax. From ham, 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 vlllage. Cowell. See Rex. v. Morris, 4 Term, 552.

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

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 au

In Saxon law. The right of security and privacy in a man's hbuse. Du Cange. The breach of this privilege by a forcible 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 chancory relating to the business of a subject, and their returns. 3 Bl. Comm. 49. According to others, the fees acc

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