The Cyclopedic Law Dictionary

The statute of 31 Chas. II. c. 2. 3 Bl. Comm. 135; 3 Steph. Comm. 699. This statute has been adopted in substance in the United States. 2 Kent, Comm. 27. HABEAS CORPUS AD DELIBERAN

See "Habeas Corpus." HABEAS CORPUS AD TESTIFICANdum (Lat.) A writ which lies to bring up a prisoner detained in any jail or prison, to give evidence before any court of competent j

See "H'abeas Corpus ad Faciendum et Recipiendum."

CONFItentem reum. We have the best witness, a confessing defendant. Fost. Crim. Law, 243. See 2 Hagg. 315; 1 Phil. Ev. 397. HABENDUM (Lat. for having). In conveyancing. The clause

In old conveyancing. To have and to hold. Formal words in deeds of land from a very early period. Bracton, fol. 17b. HABENTES HOMINES (Lat.) Rich men. Du Cange. HABERE (Lat.) In th

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

Have or take your effects to yourself. One of the old Roman forms of divorcing a wife. Calv. Lex. HABILIS (Lat.) Pit; suitable. 1 Sharswood, Bl. Comm. 436. Active; useful (of a ser

A disposition or condition ot the body or mind acquired by custom or a frequent repetition of the same act. See 2 Mart. (La.; N. S.) 622; 18 Pa. St. 172; 5 Gray (Mass.) 851, The ha

A habitation or dwelling. Towns. PI. 116. In Civil Law. The right of dwelling; the right of free residence in another's house. Inst. 2. 5; Dig. 7. 8,

In Civil Law. The right of a person to live in the house of another without prejudice to the property. It diflfered from a usufruct In this, that the usufructuary might apply the h

A name given to various statutes for the more severe punishment of repeated offenses. In England it was applied to St. 32 & 33 Vict. c. 99, giving power to apprehend, on suspicion,

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. 5 Gray (Mass.) 85.

(Law Fr.) Able;.competent. Dyer, 70b (Pr. ed.). In old English law. A port or harbor; a station for ships. Stat. 27 Hen. VI. c. 3.

(Law Lat.) In old records. Abundance; plenty. Paroch. Ant. 548. Cowell.

(Sax. hseca, a hatch, or bolt). A hatch; a gate or door. Cowell. ■

(Law Lat.) li old records. A hack; a pick, or instrument for digging. Placita, 2 Edw. III. MS. Cowell.

In Spanish law. A generic term, applicable to the mass of the property belonging to a state, and the administration of the same. da," to be that part of civil economy which teaches

In French law. A recompense or amends made for violence offered to a person in holy orders.

(Law Lat. hada.) In old records. A piece of land; a head of land, or headland, dowell. See Butts, Caput terras, Caputia, Headlands; Fitzherb, Husb. § 6.

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

A tax or mulct. Jacob. HAEC EST CONVENTIO (Law Lat. this is an agreement). Words with which agreements anciently commenced. Y. B. H, 6 Edw. II. 191. HAEC EST FINALIS CONCORDIA (Law

In Gothic law. A tribunal answering to the English court leet. 4 Bl, Comm. 274.

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 Na

NON HOIVIO. God, and not man, makes the heir. Bracton, 62b. HAEREDEM EST NOMEN COLLECTIvum. Heir is a collective name. HAEREDES (Lat. plural of haerea). lu civil law. Heirs. HAERED

ALIA CORPORALIS, alia incorporalis; corporalis est, quae tangi potest et videri; incorporalis quae tangi non potest nee videri. An inheritance is tlther corporeal or incorporeal. C

See "Damnosa Haereditas." HAEREDITAS EST SUCCESSIO IN UNIversum jus quod defunctus liabuerat. Inheritance is the succession to every right which was possessed by the late possessor

In the civil law. 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 (turbat

quam successio 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

In Roman law. One, who succeeds to the rights and occupies the place of a deceased person, being appointed by the will of the decedent. It is to b^ observed that the Roman haeres h

ET FILIUS est pars patris. An heir is another self, and a son is a part of the father. HAERES EST AUT JURE PROPRIETAtis aut jure representationis. An heir is either by right of pro

HAEFtES EST NOMEN JURIS; FILIUS est nomen naturae. "Heir" Is a term of. law; "son," one of nature.

The heir is a part of the ancestor. Co. Litt. 22b; 3 Hill (N. Y.) 165, 167. HAERES EX ASSE (Lat.) In civil law. An heir to the whole estate; a sole heir. Inst. 2. 23. 9. HAERES EXT

A fiduciary heir or heir in trust; a person constituted heir by will, in trust for the benefit of another, called the "fideicommissa/rius." Inst. 2. 23. 1. 2. Corresponding nearly

See "De Haeretico Comburendo." ^ HAFNE COURTS {hafne, Danish, a haven, or port). Haven courts; courts anciently held in certain ports in England. Spelman.

A house. Blount. A military inclosure. Spelman.

or HAIA. A hedge or inclosure. Mon. Angl. tom. 2, p. 273.

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 haill" are common words in conveyances. 1 Bell, App. Cas. 499.

Holywork. Those who formerly held lands by the service of defending or repairing a church or monument. Rapalje & L. See "Halywercfolk."

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 beating or assaulting a person in his own house. Bell, Diet.

A term denoting the degree of relationship which exists between those who have one parent only in common. never inherit, upon the presumption that he is not of the blood of the ori

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

In common-law pleading. A name applied to the abbreviated form of words with which a plea is introduced.

A moiety, or half of a thing. Rapalje & L.

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

In civil law. That which is insufficient as the foundation of a sentence or decree, although in itself entitled to some credit. Vicat, "Probatio."

A seal used in the English chancery for the sealing of commissions to delegates appointed upon any appeal, either in ecclesiastical or marine causes.

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. Vide "De Medietate Linguae," Jacob.

In the computation of time, a half-year is not the same as six months, but "'Half a year' containeth one hundred and eighty-two dayes; for the odde houres, in legall computation ar

Halle gemote. of the cross-quarters of the year was computed from Halimass to Candlemass. Wharton.

A public building used either for the meetings of corporations, courts, or employed to some public uses; as, the city hall, the town hall. Formerly this word denoted the chief mans

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; Id.

Hall assembly. A species of court baron.

In medical jurisprudence. A species of mania by which an idea reproduced by the memory is associated and embodied by the imagination. This state of mind is sometimes called "delusi

See "Halle Gemote."

HOLIMOT, or HALEGE. mot (from Saxon, halg, holy, and gemot or mot, a meeting). A holy or ecclesiastical court. A court held in London before the lord mayor and sheriffs, for regula

Properly a house; 4 Inst. 294; a vill; a piece of ground shaped like the ham of the leg; Spelman. A piece of land; a home close, or little meadow; a narrow skirt, hem, or edge of m

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

(Law Lat.) In old European law. To summon to court; to go to law with; to sue or implead. Spelman.

(Law Lat.) In old European law. One who was summoned to court. Spelman.

In Scotch law. The crime of hamesucken consists in "the felonious seeking and invasion of a person in his dwelling house." 1 Hume, Hist. Eng. 312; Alis. Crim. Law, 199. The mere br

A small village; a part or member of a vill.

A close joining to a house; a croft; a little meadow. Cowell. In Old English Law. The right of security and privacy in a man's house. Du Cange. The breach of this privilege by a fo

(Law Lat.) In Saxon law. Hamsoken, or hamsocne. The privilege or liberty of a man's own house; a breach of such privilege by a violent entry. LL. Edmund, c. 6. See Hamma. A fine fo

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. 5 & 6 Vict. c. 113; 10 Rich. II. c. 1. Equivalent

An office on the common-law side of the English court of chancery, in which the writs relating to the business of the subject, and the returns to them, were anciently kept. 3 Bl. C

A measure of length, four Inches long; used in ascertaining the height of horses. HAND BOROW (from hand, and Saxon borow, a pledge.) Nine of a decennary or friborg were so called,

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

In Saxon law. One having a thing in his hand; that is, a thief found having the stolen goods in his possession,— latro manifestus of the civil law. See Laws Hen. I. c. 59; Laws Ath

or HANDSEL. 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 call

Anything written by a person. The manner in which a person writes, including the formation of the characters, the separation of the words, and other features distinguishing the wri

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 w

An executioner. The name usually given to a man employed by the sheriff to put a man to death, according to law, in pursuance of a judgment of a competent court and lawful warrant.

A commercial confederacy for the good ordering and protection of the commerce of its members; an imposition upon merchandise. Du Cange, "Hansa."

Pertaining to the hanse tovsms.

A number of towns in Europe which joined in a league for mutual protection of commerce as early as the twelfth century. Amsterdam and Bremen were the first two that formed it, and

LAWS OF THE. The maritime ordinances of the Hanseatic towns, first published in German at Lubeek in 1597, and in May, 1614, revised and enlarged. The text of this digest, and a Lat

The chief of a company; the head man of a corporation.

An arrest. Jacob.

To catch. Thus, "hap the rent," "hap the deed-poll," were formerly used. Tech. Diet.; Cowell.

The word happen, in its strictest literal sense, signifies an unexpected event. It is also not uncommonly used as synonymous with "'occur," "take place," "exist" and "happens to be

In England, a harbor authority is a body of persons, corporate or unincorporate, being proprietors of, or intrusted with the duty of construct-

or HARDIES (Scotch). In old Scotch law. Lions; coins formerly of the value of three half -pence. 1 Pitc. Crim. Tr. pt. 1, p. 64, note.

A phrase used in sentencing to confinement in institutions where labor is required of convicts. The word "hard" is surplusage. 29 Pa. St. 448.

or HARROU (Fr.) In Norman and early English law. An outcry, or hue and cry after felons and malefactors. Cowell.

In Old English Law. The hasp of a door; by which the livery of seisin might anciently be made, where there was a house on the premises. In Old Records. The hasp or clasp of a book.

In old Scotch law. 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 t

In maritime law. Primage; a small duty paid to the captain and mariners of a ship.

In old English law. Hatred. LL. Gul, Conq, c. 16.. HAUSTUS (Lat. from haurire, to draw). In civil law. The right of drawing water, and the right of way to the place of drawing. Fle

A common phrase in conveyancing', derived from the habendum et tenendum of the old common law. See "Habendum."

A place calculated for the reception of ships, and so situated, in regard to the surrounding land, that the vessel may ride at anchor in it in safety. Hale de Port. Mar. c. 2; 2 Ch

An itinerant or traveling trader, who carries small commodities about on his back or in a cart or wagon in order to sell them, and who actually sells them to purchasers, 132 III. 3

In old English law. A hedge. Cowell. A piece of ground enclosed with a hedge; an enclosure in forests and parks. Blount. HAYBOTE (from haye, hedge, and bote, compensation). Hedgebo

A contract in which the performance of that which is one of its objects depends on an uncertain event. Civ. Code La. art. 1769; 1 Bouv. Inst, note 707; 1 J. J. Marsh (Ky.) 596; 3 J

or HEADBOROUGH. In Saxon law. The head or principal man of a frank pledge decennary or tithing.

Certain tribunals in Scotland, abolished by 20 Geo. II. c. 50. Ersk. 1, 4. 6.

In old English law. A narrow piece of unploughed land left at the end of a ploughed field for the turning of the plough. Called, also, "butt." Kennett, Par. Ant. 587; 2 Leon. 70, c