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

For purposes of this subsection, the term “H–1B-dependent employer” means an employer that— (i) (I) has 25 or fewer full-time equivalent employees who are employed in the United St

The term “H–1B nonimmigrant” means an alien admitted or provided status as a nonimmigrant described in section 1101(a)(15)(H)(i)(b) of this title .

The term “H–2A worker” means a nonimmigrant described in section 1101(a)(15)(H)(ii)(a) of this title .

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

In; within. Dans et retinens nil dat, I. One who gives and retains [possession] gives nothing; i. e. the title does not pass.

corp. Habeas corpus.

It is the settled doctrine that in such cases the court exercises a discretion in the interest of the child to determine what care and custody are best for it ... It was in the exe

An old writ to enforce the attendance of a jury.

A writ to compel jurors to attend court.

The remedy is an extraordinary one, out of the usual course, and involves a collateral attack on the process or judgment constituting the basis of the detention. The instances in w

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 COBl'US, HABEAS CORPUS AD DELIBERANDUM ET RECIPIENDUM (Lat). A writ which is issued to remove, for trial, a person confined in one county to the county or place where th

A writ for the removal of a prisoner to be tried in the proper jurisdiction. See 8 U. S. 75, 2 L. Ed. 554.

A writ which issues out of any of the courts of Westminster hall, when a person is sued in some inferior jurisdiction, and is desirous to remove the action into the superior court.

necessary to remove a prisoner in order to prosecute him in the proper jurisdiction wherein the offense was committed

A writ issued when it is necessary to remove a prisoner, in order to prosecute or bear testimony in any court, or to be tried in the proper jurisdiction wherein the fact was commit

A writ used when a man hath a cause of action against one who is confined by the process of some inferior court; in order to remove the prisoner and charge him with this new action

A writ used when a prisoner hath had judgment against him in an action, and the plaintiff is desirous to bring him up to some superior court to charge him with process of execution

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

The great writ of habeas corpus, which is of general use to examine the legality of commitments in criminal cases.

A writ to remove a prisoner to bear testimony in court. See 8 U. S. 98, 2 L. Ed. 562.

while the reason which we have given is logically the first to be considered by this court, we do not mean to give any countenance to the notion that, if the law was disobeyed, it

The writ of habeas corpus cannot be made to perform the office of a writ of error. ... Upon habeas corpus the court examines only the power and authority of the court to act, not t

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

When the state court shall have finally acted upon the case, the circuit court has still a discretion whether, under all the circumstances then existing, the accused, if convicted,

the principle of the cases is the simple one that if a court has jurisdiction of the case, the writ of habeas corpus cannot be employed to re-try the issues, whether of law, consti

Our power to interfere in cases of this nature is limited entirely to the question of jurisdiction. If the state court had jurisdiction to try the case, and had jurisdiction over t

in such cases the court exercises a discretion in the interest of the child to determine what care and custody are best for it in view of its age and requirements. Such cases are n

A writ of habeas corpus cannot be used as a writ of error. If Judge Blair had jurisdiction of the person of the accused and of the subject-matter, and had before him competent lega

It brings within the habeas corpus jurisdiction of every court and of every judge every possible case of privation of liberty contrary to the National Constitution, treaties, or la

It is, of course, true that habeas corpus proceedings are characterized as 'civil.' But the label is gross and inexact. Essentially, the proceeding is unique. Habeas corpus practic

by habeas corpus the civil courts exercise no supervisory or correcting power over the proceedings of a court-martial. The single inquiry, the test, is jurisdiction.

No court may properly release a prisoner under conviction and sentence of another court, unless for want of jurisdiction of the cause or person, or for some other matter rendering

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

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

We have the best witness, a confessing defendant. Habendum. That clause or portion of a deed which names the grantee and limits the certainty of the estate. See 8 Mass. 162, 5 Am.

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. Bracton, fol. 17b. HABENTES HOMINES (Lat.) Rich men. Du Cange. HABERE (Lat.) In th

Men of wealth. Habentia. Riches.

Wealth; Riches. Mon. Ang. t 1. 100. HABERE (Lat.). To have. It is said to designate the right, while tenere (to hold) signifies the possession, and possidere (to possess) includes

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

To have.

A writ to enforce a plaintiff’s judgment in ejectment and put him in possession.

A writ to obtain possession of land.

A writ db recting the sheriff to view the premises in controversy.

That you cause to have seisin. The writ of execution in real actions, directing the sheriff to canse the demandant to have seisin of the lands recovered. It was the proper process

To allow one to take possession.

A diminutive of hauberk, a short coat of mail without sleeves. Blount.

An old sort of cloth.

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

Suitable; fit; capable.

For purposes of paragraph (4)(B), the term “habilitation services”— (A) means services designed to assist individuals in acquiring, retaining, and improving the self-help, socializ

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

Such a state of repair that leased premises may be occupied, not only with safety, but with reasonable comfort. 2 Mood. & R. 186.

Residence at a place with intent to make it a home. See 34 Mass. 231, 28 Am. Dec. 293.

Habit and repute ... arise from parties cohabiting together openly and constantly, as if they were husband and wife, and so conducting themselves towards each other for such a leng

A resident; an inhabitant (q. V.). A native of Canada of French descent, particularly of the peasant or farming class; a tenant who kept hearth and home on the seigniory.

I. To inhabit; to dwell or reside.

The term “habitat” means those portions of the land or water, including the constituent elements thereof, (A) which salmon or steelhead occupy at any time during their life cycle,

The term “habitat conservation plan” means the conservation plan entitled “Washington County Habitat Conservation Plan” and dated February 23, 1996.

The term “habitat enhancement” means the manipulation of the physical, chemical, or biological characteristics of a habitat to change a specific function or seral stage of the habi

The term “habitat establishment” means the manipulation of physical, chemical, or biological characteristics of a project site to create and maintain habitat that did not previousl

The term “habitat improvement” means restoring, enhancing, or establishing physiographic, hydrological, or disturbance conditions necessary to establish or maintain native plant an

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

The term “habitat restoration” means the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning the majority of natural function

The term “habit-forming narcotic drug” or “narcotic” means opium and coca leaves and the several alkaloids derived therefrom, the best known of these alkaloids being morphia, heroi

The unmistakable purpose of the six-year provision was to prevent the creation of a class of habitual bankrupts—debtors who might repeatedly escape their obligations as frequently

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,

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

Even though an habitual criminal charge does not state a separate offense, the determination of whether one is an habitual criminal is 'essentially independent' of the determinatio

The stat. 32 & 33 Viet c. 99. Its object was to give the police greater control over convicted criminals at large, and to provide for the registration of criminals. Now repealed an

The sentence as a fourth offender or habitual criminal is not to be viewed as either a new jeopardy or additional penalty for the earlier crimes. It is a stiffened penalty for the

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.

The basis of the jurisdiction is the habitual employment of the property within the state.

A fixed habit of drinking to excess, to such a degree as to disqualify one during the principal portion of the time usually devoted to business. See 19 Cal. 626, 81 Am. Dec. 91, an

Customarily; by frequent practice or use. It does not mean entirely or exclusively; Stanton v. French, 91 Cal. 274, 27 Pac. 657, 25 Am. St. Rep. 174.

The fundamental mistake of the plaintiff in error is his assumption that the judgment below imposes an additional punishment on crimes for which he had already been convicted and p

the repetition of criminal conduct aggravates their guilt and justifies heavier penalties when they are again convicted.

Appearance; apparel.

(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. ■

In Romanlaw. An exception. In a general sense, a judicial alle gation opposed by a defendant to the pisintiff's action. Calvin. A stop or stay to an action opposed by the defendant

L. Lat. This is the final agreement. The words with which the foot of a fine commenced. 2 Bl. Comm. 351.

(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

Carriages plying for hire in the street. The driver is liable for negligently losing baggage; 2 C. 13, 877; Masterson v. Short, 33 How. Pr. (N. Y.) 481. They are usually regulated

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

A boundary or limit. A statutory punishment defined by law, and not arbitrary. In Hindu law. Moz. & W.

(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

This is the agreement.

This is the final agreement.

These words.

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