The Cyclopedic Law Dictionary

To hinder and delay is to do something which is an attempt to defraud, rather than a successful fraud; to put some obstacle in the path, or interpose some time, unjustifiably, befo

The system of native law prevailing among the Gentoos, and administered by the government of British India. In all the arrangements for the administration of justice in India, made

The departure of a husbandry servant {hine) from his master.

In Spanish law. A mortgage of real property. Johnson, Civ. Law Spain, 156 [149]; White, New Recop. bk. 2, tit. 7.

A bailment In which compensation is to be given for the use of a thing, or for labor and services about it. 2 Kent, Comm. 456; Story, Bailm. § 359. The divisions of this species of

He who hires. See "Bailment." HLAFORD (Saxon). A lord. Hlafordsocna, a lord's protection. Hlafordswice, the crime of betraying one's lord. HLAFORDSWICE (Saxon, h Uford, lord, liter

An unlawful assembly of from eight to thirty-five persons. Cowell. See "Herge." HOC (Lat.) This.

A hoke, hole, or lesser pit of salt. Cowell.

This was a duty given to the landlord that his tenants and bondmen might solemnize the day on which the English conquered the Danes, being the second Tuesday after Easter week. Cow

See "Et hoc, etc." HOC SERVABITUR QUOD INITIO CONvenlt. This shall be preserved which is useful in the beginning. Dig. 50. 17. 23; Bracton, 73b.

A name given to a legislative act which embraces many subjects. Such acts, besides being evident proofs of the ignorance of the makers of them, or of their want of good faith, are

Township officers at one time elected in New York, whose duty was to catch hogs running at large, and put rings in their noses. 17 Wend. (N. Y.) 522. HOGHENHYNE (from Saxon hogh, h

A liquid measure, containing half a pipe; the fourth part of a tun, or sixty-three gallons.

The holder of a bill of exchange is the person who is legally in the possession of it, either by indorsement or delivery, or both, and entitled to receive payment either from the d

In English Law. A piece of land held — An Scotch Law. The tenure or nature of the right given by the superior to the vassal. Bell, Diet.

To hear or try causes. 3 Sharswood, Bl. Comm. 35, 298.

A day of cessation from labor; a day when public business is suspended; a nonjudicial day. Primarily the term meant a "holy day," or religious festival. In modern usage it indicate

In Spanish law. Olographi; a term applicable to the paper, document, disposition, and more particularly to the last will of a person, which, in order to be valid, must be wholly wr

What is written with one's own hand. See "Olograph."

A league entered into by Alexander I., the Czar of Russia, Francis I., emperor of Austria, and William III., King of Prussia. The alliance was entered into at Paris, 26 Sept. 1815,

In ecclesiastical law. The orders or dignities of the church. Those within holy orders are archbishops, bishops, priests and deacons. The form of ordination must be according to th

Homage was so called where time out of mind a man and his ancestors had held by homage; and in this case the lord who had received the homage was bound to acquit the tenant of all

The Jury of a lord's court, or court baron. So called because generally composed of those who owed homage to the lord, or the pares curiae. Kitch. Cts.; 2 Sharswood, Bl. Comm. 54,

One that is bound to do homage to another. Jacob.

Homage, (g. v.)

NON PER PROCURAtores nee per literas fieri potuit, sed in propria persona tam domini quam tenentis capi debet et fieri. Homage cannot be done by proxy, nor by letters, but must be

Liege homage; that kind of homafee 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. S

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

To renounce homage; to give it up or dissolve it. Bracton, fol. 81b.

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

In Spanish law. The ordinary judge of a district. Hence, when the law declares that a contract, or some other act, is to be conformable to the will of the homhre bueno, it means th

A place of abode from which one has no present intention of removing. 43 Me. 418; 124 Mass. 147. HOME NE SERA PUNY PUR SUER DES ing out writs in the king's court, whether he be rig

The department of state through which the English sovereign administers most of the internal affairs of the kingdom, especially the police, and communicates with the judicial funct

The port where the owner of a ship resides.

or HOMSOKEN. See "Hamesucken."

The mansion house.

The house and land constituting a family residence. 6 N. D. 482. "'Stethe or sted,' says Lord Coke, 'betokeneth properly a bank of a river, and many times a place.' Co. Litt. 4, 6.

Homicide is any killing of a human being. To constitute homicide, (1) the killing must be of a living human being; (2) the death must have been caused by the act or omission of the

See "De Homine Capto in Withernam." HOMINE ELIGENDO (Lat.) In English law. A writ directed to a corporation, requiring the members to make choice of a new man, to keep the one part

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. HOMMES DE FIEF (Fr.) In feudal law. Men of the fief; feudal tenants; the peers in the lords' courts. Montesq. Esp. des Lois, liv.

One manumitted from slavery by charter,

In feudal law. One who surrendered himself into the power of another for the sake of protection or support. L. Ripuar, tit. 72, § 5.

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

A man of the army (exercitus); a soldier.

A vassal or tenant; one who held a fee (feodum), or part of a fee. Spelman. HOMO FISCALIS (or FISCALINUS). A servant or vassal belonging to the treasury or fiscus. HOMO FRANCU8, HO

A liege man; a subject;

In Spanish law. The tacit consent and approval, inferred by law from the omission of the parties, for the space of ten days, to complain of the sentences of arbitrators, appointmen

In civil law. To confirm or approve; to consent or assent; to confess. Calv. Lex. Sometimes corruptly written "emologare."

In modern civil law. To approve; to confirm; as, a court homologates a proceeding. See "Homologation." Literally, to use the same words with another; to say the like. 9 Mart. (La.)

In Civil Law. Approbation; confirmation by a court of justice; a judgment which orders the execution of some act; as, the approbation of an award, and ordering execution on the sam

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 belonged to the soil (qui glebae adscribitur). HOMO POTEST ESSE HABILIS ET INhabllis diversis temporibus. A man may be capable an

A king's vassal. L. Ripuar, tit. 11, §3.

A Roman. An appellation given to the old inhabitants of Gaul and other Roman provinces, and retained in the laws of the barbarous nations. L. Sails, tit. 34, § 3; Spelman.

A man of three letters; i. e., '%" "u," "r,"— a thief. Wharton. HOMO VOCABULUM EST NATURAE; persona juris civilis. "Man" (homo) is a term of nature; "person" (persona) of the civil

In English Law. The seigniory of a lord paramount. 2 Bl. Comm. 91. In Common Law. To accept a bill of exchange; to pay a bill accepted, or a promissory note, on the day it becomes

A title of courtesy given in England to the younger children of earls, and the children of viscounts and barons, and, collectively, to the house of commons. In America, the word is

Something given in gratitude for services rendered. It is so far of the nature of a gift that it cannot be sued for. 5 Serg. & R. (Pa.) 412; 1 Chit. Bailm. 38; 2 Atk. 332; 3 Bl. Co

Without fee, profit, or reward, either to or by the holder of the honorary position. 81 N. Y. 255.

Titles of nobility, descendible to the eldest son, in exclusion of all the rest

Services by which lands in grand serjeantry were held; such as to hold king's banner, or to hold his head in the ship which carried him from Dover to Whitsand, etc. 2 Sharswood, Bl

Trustees to preserve contingent remainders. So called because they are bound, in honor only, to decide on the most proper and prudential course. Lewin, Trusts, 408. HONTFONGENTHEF

Tribunals held within honors. Cowell.

In old English law. The morning bell. Cowell. HORA NON EST MULTUM DE SUBstantla negotll, licet In appello de ea allquando flat mentlo. The hour is not of much consequence as to the

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

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 wa

(Sax.) In old E^nglish law. A tax within a forest, paid for horned beasts. Cowell; Blount.

In Scotch law. A process issuing on a decree of court of sessions, or of an inferior court, by which the debtor is charged to perform, in terms of his obligation, or on failure mad

Tenure by winding a horn on approach of enemy, called "tenure by cornage." If lands were held by this tenure of the king, it was grand serjeantry; if of a private person, knight se

A phrase used to describe the commoning together of homed beasts of different species.

Until a horse has attained the age of four years, he is called a "colt.'' 1 Russ. & R. 416. This word is sometimes used as a generic name for all animals of the horse kind. 3 Brev.

(Lat.) In civil and old English law. A guest. 8 Co. 32, Calye's case. A host or entertainer. Calv. Lex. More commonly hoepitator. HOSPITATOR (Lat.) A host or entertainer. Hospitato

Inns. Hospitia communia, common inns. Reg. Orig. 105. Hospitia curiae, inns of court. Hospitia cancellariae, inns of chancery. Crabb, Hist. Eng. Law, 428, 429; 4 Reeve, Hist. Eng.

A person delivered into the possession of a public enemy in the time of war, as a security for the performance of a contract entered into between the belligerents. Hostages are fre

In English law. A right reserved to the lords to be lodged and entertained in the houses of their tenants.

Enemies. "Enemies are those who declare war against us, or against whom we declare Var publicly; all others are pirates or robbers." Dig. 50. 16. 118. See "Enemy." HOSTES SUNT QUI

One who kills an enemy.

Having the character of an enemy; standing in the relation of an enemy. See 1 Kent, Comm. c. 4.

See "Embargo."

A witness who manifests so much hostility or prejudice under examination in chief that the party who has called him, or his representative, is allowed to cross-examine him, L e., t

A state of open enmity; open war. Wolff. Dr. Nat. § 1191, Permanent hostility exists when the individual is a citizen or subject of the government at war. Temporary hostility exist

HODGE-PODGE, or Hotchpotch. The blending and mixing property belonging to different persons, in order to divide it equally. 2 Bl. Comm. 190. The bringing together all the personal

A public house for the enter' tainment of travelers and casual guests. 44 N. J. Law, 492. The term is synonymous with "inn" or "tavern." 2 Daly (N. Y.) 17; 84 Ala. 452; 54 Barb. (N

See "Ordeal."

(Lat. Aora). The twenty-fourth part of a day, consisting of sixty minutes.

In Scotch practice. The hour when a court is met. 3 How. St. Tr. 603.

"In a general sense, a building or shed intended or used as a shelter or habitation for animals of any kind; but appropriately a building or edifice for the habitation of man; a dw

An allowance of necestenement. This belongs of common right to any lessee for years or for life. House tote is said to be of two kinds, estoveriam " et ardendi, Co. Litt. 41.

In criminal law. The breaking and entering the dwelling house of another, by night or by day, with intent to commit some felony within the same, whether such felonious intent is ex

Master or chief of a family; one who keeps house with his family. Webster. It "means more than the mere occupant of a room or house. It implies the idea of a domestic establishment

By this expression, in wills, all personal chattels will pass that may contribute to the use or convenience of the household, or the ornament of the house; as, plate, linen, china,

In wills. This expression will pass everything of a permanent nature (that is, articles of household which are not consumed in their enjoyment) that were used or purchased, or othe

Words sometimes used in a will. Plate will pass under the term (2 Freem. Ch. 64), but not apparel, books, cattle, victuals, and choses in action, which do not fall within the natur

One who occupies a house. A person who occupies every room in the house, under a lease, except one, which is reserved for his landlord, who pays all the taxes, is not a houselceepe

One of the constituent houses of the English parliament. It is composed of the representatives of the people, as distinguished from the house of lords, which is composed of the nob

A place for the imprisonment of those who have committed crimes of lesser magnitude.

A bawdy house (q.v.); a house resorted to for the purpose of prostitution and lewdness. 5 Ired. (N. C.) 603. See 3 Pick. (Mass.) 26; 21 N. H. 345; 33 Conn. 91.

One of the constituent houses of the English parliament. This body is the supreme court of judicature in the kingdom. It has no original jurisdiction, but is the court of appeal in

A prison for juvenile delinquents.