The Cyclopedic Law Dictionary

That kind of evidence which does not derive its value solely from the credit to be given to the witness himself, but rests also, in part, on the veracity and competency of some oth

A tax, granted by 13 & 14 Car. II. c. 10, abolished 1 Wm. & Mary, st. 1, c. 10, of two shillings on every hearth or stove in England and Wales, except such as pay not to the church

A sort of modus for tithes, viz., a prescription for cutting down and using for fuel the tithe of wood. 2 Burn, Ecc. Law, 304.

In criminal law. Furor brevis, sudden passion caused by reasonable provocation. It is a characteristic of the crime of voluntary manslaughter, a killing without malice in heat of p

The privilege of having goods of thief and trial of him within such a liberty. Cart. S. Edmundi MS. 163; Cowell. HEDAGIUM (Saxon, heda, hitha, port). A toll or custom paid at the h

Wood used for repairing hedges or fences. 2 Bl. Comm. 35: 16 Johns (N. Y.) 15.

The account of time used by the Turks and Arabians, who begin their computation of time from the day that Mahomet was compelled to escape from Mecca,— Friday, July 16, A. D. 622. W

A young cow which has not had a calf; a beast of this kind two years and a half old was held to be improperly described in the indictment as a cow. 2 East, P. C. 616; 1 Leach, C. C

In Saxon law. The departure, flight, escape or loss of a servant. Spelman. A fine paid for killing a man. Domesday. Spelman. The right of taking cognizance of such an offence. Id.

At Common Law. He who is bom or begotten in lawful wedlock, and upon whom the law casts the estate in lands, tenements, or hereditaments immediately upon the death of his ancestor.

COLLATERAL. One who Is not of the direct line of the deceased, but comes from a collateral line; as, a brother, sister, an uncle and aunt, a nephew, niece, or cousin, of the deceas

CONVENTIONAL. In civil law. One who takes a succession by virtue of a contract — for example, a marriage contract — which entitles the heir to the succession.

GENERAL. Heir at common law.

LEGAL. In civil law. A legal heir is one who is of the same blood as the deceased, and who takes the succession by force of law. This is different from a testamentary or convention

TESTAMENTARY. In civil law. One who is constituted heir by testament executed in the form prescribed by law. He is so called to distinguish him from the "legal heirs," who are call

One who has an indefeasible right to the inheritance, provided he outlive the ancestor. 2 Bl. Comm. 208.

He who, after his ancestor's death intestate, has a right to all lands, tenements, and hereditaments which belonged to him or of which he was seised. The same as "heir general."

One who accepts the succession under benefit of inventory iq.v.)

In English law. One whose right of inheritance depends upon a particular and local custom, such as gavelkind, or borough English. Co. Litt. 140.

One to whom lands are devised by will; a devisee of lands. Answering to the haeres f actus (q. v.) of the civil law.

A female heir to a person having an estate of inheritance. When there are more than one, they are called "coheiresses," or "coheirs.'" Saxon, some claim it was derived from "heier"

One to whom the right of succession is ascertained by disposition or express deed of the deceased. 1 Forbes, Inst. pt. 3, p. 75.

In Scotch law. An heir inthat can succeed to him. 1 Forbes, Inst. pt. 3, p. 76.

In Scotch law. One who succeeds to the deceased in conquest, i, e., lands or other heritable rights to which the deceased neither did nor could succeed as heir to his predecessor.

In Scotch law. One who succeeds lineally by right of blood; one who succeeds to the deceased in his heritage; i. e., lands and other heritable rights derived to him by succession a

In Scotch law. One who succeeds as heir by virtue of a particular provision in a deed or instrument. Wharton.

In Scotch law. He on whom an estate is settled that would not have fallen to him by legal succession. 1 Forbes, Inst. pt. 3, p. 75.

One who, in the present circumstances, would be entitled to the inheritance, but whose rights may be defeated by the contingency of some nearer heir being bom. 2 Bl. Comm. 208. In

BENEFrCIARY. In civil law. Those who have accepted the succession under the benefit of an inventory regularly made. Civ. Code La. art. 879. If the heir apprehend that the successio

FORCED. Those who cannot be disinherited. See "Forced heirs."

IRREGULAR. In Louisiana. Those who are neither testamentary nor legal, and who have been established by law to take the succession. See Civ. Code La. art. 874. When the deceased ha

UNCONDITIONAL. In Louisiana. Those who inherit without any reservation, or without making an inventory, whether their acceptance be express or tacit. Civ. Code La. art. 878.

In Scotch law. The movables which go to the heir, and not to the executor, that the land may not go to the heir completely dismantled, such as the best of furniture, horses, cows,

In English law. The Issue in tail, who claims per formam doni, by the form of the gift.

IN A BOND. In Scotch law. He to whom a bond is payable expressly in case of the creditor's decease, or after his death. 1 Forbes, Inst. pt. 3, p. 76.

The name given to a place under the exchequer chamber, where the king's debtors were confined. Rich. Diet.

or HELMELBORCH. A title to possession. The admission of this old Norse term into the laws of the Conqueror is difficult to be accounted for; it is not found in any Anglo Saxon law

A fine for flight on account of murder. Domesday Book. '

In Saxon law. A prison, or house of correction. Anc. Inst. Eng. HENGWYTE (Saxon). In old English law. An acquittance from a fine for hanging a thief. Fleta, lib. 1, c. 47, § 17.

Henry the Old, or Elder. King Henry I. is so called in ancient English chronicles and charters, to distinguish him from the subsequent kings of that name. Spelman. HERALD ( from Fr

In 1450, the heralds in England were collected into a college by Richard II. The earl marshal of England was chief of the college, and under him were three kings-at-arms (styled Ga

In English law. An easement which consists in the right to pasture cattle on another's ground.

An inn. Herfeerjfare, to entertain at an inn. Herbergatus, entertained.

or HEORDWERCH. Customary uncertain services as herdsmen, shepherds, etc. A. D. 1166, Reg. Ecc. Christi Cant. MS.; Cowell.

Calling out the army by proclamation; a fine paid by freemen for not attending the army; a tax for the support of the army. Du Cange.

In Spanish law. A portion of land that is cultivated. Formerly it meant a farm, hacienda de campo, real estate. HEREDAD YACENTE (Spanish, from Lat. "haereditas jacens," q. v.). In

In Spanish law. Heir; he who, by legal or testamentary disposition, succeeds to the property of a deceased person. "Haeres censeatur cum defuncto una eademque persona." Las Partida

Things capable of being inherited. Co. Litt. 5b; 2 Bl. Comm. 17. By this term, such things are denoted as may be the subject matter of inheritance, but not the inheritance itself.

That w Mcli is the subject of inheritance.

A heriot (q. v.). Spelman. HEREGELD (Saxon). In old English law. A tribute or tax levied for the maintenance of an army. Spelman.

Herein, as used in legal phraseology, is a locative adverb, and its meaning is to be determined by the context. It may refer to the section, the chapter, or the entire enactment in

See "Haeres." HERESCHIP (Scotch). In old Scotch law. Theft or robbery. 1 Pitc. Grim. Tr. pt. 2, pp. 26, 89. denial of Christianity, but of some of its essential doctrines, publicly

In the time before the present; down to this time; before this time. 167 111. 447; 117 N. Y. 150. In times past; previous time; previously. 253 111. 539. In times before the presen

In Saxon law. Persons who joined in a body of more than thirty-five to commit crimes.

In English law. A customary tribute of goods and chattels, payable to the lord of the fee on the decease of the owner of the land. Heriot service is such as is due upon a special r

A species of English military service.

A fine for disobedience to proclamation of warfare. Skene de Verb. Sign.

In Scotch law. A bond for a sum of money, to which is added, for further security of the creditor, a conveyance of land or heritage to be held by the creditor as pledge. 1 Ross, Le

In Scotch law. Grants of criminal jurisdiction made to great families for the better execution of justice. Abolished by 20 Geo. II. c. 43. Bell, Diet.

In Scotch law. Rights which go to the heir; generally, all rights in or connected with lands. Bell, Diet. "Heritable." property, such as lands, houses, orchards, •woods, marshes, p

In Scotch law. A land owner.

In Spanish law. A fraternity formed among different towns and villages to prevent the commission of crimes, and to prevent the abuses and vexations to which they were subjected by

A great lord. Jacob.

This was a composition in money for the custom of suppljnng herrings for the provision of a religious house. Rapalje & L.

A master. Servus fadt ut herus det, the servant does [the work] in order that the master may give [him the wages agreed on]. Herus dat ut servus facit, the master gives [or agrees

An easement. Du Cange.

In old records. Corn or grain given or devoted to religious persons or purposes. 2 Mon. Angl. 367b. Cowell.

In Roman law. A society or

HAYBOTE. In English law. A liberty granted to a tenant, of cutting as much underwood and bushes on the premises, as was necessary for mending and maintaining the fences or hedges.

In feudal law. A duty of certain tenants to repair hedges (hays).

In old English law. A tax levied, in emergencies, on every hide of land; the exemption from such tax. Bracton, lib. 2, c. 56. It was payable sometimes in money, sometimes in ships

or HIJODALGO. In Spanish law. He who, by blood and lineage, belongs to a distinguished family, or is noble by descent. Las Pairtidas, 2. 12. 3. The origin of this word has given ri

In Spanish law. Nobility by descent or lineage. White, New Recop. bk. 1, tit. 5, c. 3, § 4. See "Hidalgo." HIDE (from Saxon hyden, to cover; so, Lat. tectum, from tegere). In old E

In English law. A term anciently applied to arable land. Co. Litt. 85b.

In old English law. A place of protection; a sanctuary. St. 1 Hen. VII. cc. 5, 6; Cowell.

In old English law. Lands appertaining to a hide, or mansion. See "Hide."

A sum of money paid by a villein or servant to save himself from a whipping. Fleta, lib. 1, c. 47, § 20.

An officer attached to an English county court. His duties are to attend the court when sitting, to servo summonses, and to execute orders, warrants, writs, etc. St. 9 & 10 Vict. c

In English law. An ecclesiastical court of very extensive jurisdiction, for the vindication of the peace and dignity of the church, by reforming, ordering, and correcting the eccle

An officer appointed in some cities with powers generally limited to matters of police, and not more extensive, in these respects, than those of constables. See "Constable."

Lord. His office has been disused (except only upon great and solemn occasions, as the coronation, or the like) since the attainder of Stafford, Duke of Buckingham, in the reign of

See "Admiralty."

In English law. A tribunal which formerly exercised appellate jurisdiction over cases brought from the ecclesiastical and admiralty courts. It was a court of great dignity, erected

That branch of the English supreme court of judicature (q. v.) which exercises (1) the original jurisdiction formerly exercised by the court of chancery, the courts of queen's benc

See "Court of Justiciary." composed of the house of peers and house of commons. The house of lords sitting in its judicial capacity. This term is applied to parliament by most of t

A term used in Const. U. S. art. 2, § 4, and elsewhere, as a ground of impeachment. Its technical sense is parliamentary, and it includes many acts not constituting crimes. Cooley,

In the practice of the English supreme court of judicature, there are two scales regulating the fees of the court and the fees which solicitors are entitled to charge. The lower sc

In feudal law. The jurisdiction or right of trying crimes of every kind, even the highest. This was a privilege claimed and exercised by 'the great lords or barons of the middle ag

In old French and Canadian law. A feudal lord who exercised the right called "high justice." Guyot, Inst. Feud. c. 26.

A title of honor given to princes. The kings of England, before the time of James I., were not usually saluted with the title of "Majesty," but with that of "Highness." The childre

The uninclosed waters of the ocean, and also those waters on the seacoast which are without the boundaries of low-water mark. 1 Gall. ' (U. S.) 624; 1 Mason (U. S.) 360; 5 Mason (U

COURT OF THE lord. In English law. A tribunal instituted for the trial of peers indicted for treason or felony, or for misprision of either, but not for any other offense. The offi

In English law. The compassing of the king's death; the aiding and comforting of his enemies; the forging or counterfeiting of his coin; or the killing of the chancellor or either

That part of the shore of the sea to which the waves ordinarily reach when the tide is at its highest. 6 Mass. 435; 1 Pick. (Mass.) 180; 1 Halst. (N. J.) 1; 1 Russ. Crimes, 107; 2

A robber on the highway.

Robbery committed on a public highway was, under St. 23 Hen. VIII. c. 1, more severely punished than robbery committed elsewhere. This distinction was abolished by St. 8 & 4 Wm. &

In English law. A person who carries from door to door, and sells by retail, small articles of provisions, and the like.

In Spanish law. The written acknowledgment given by each of the heirs of a deceased person, showing the effects he has received from the succession.

A name sometimes given to Ikenild street (g. v.).

In English law. A term of court, beginning on the 11th and ending on the 31st day of January in each year.