Law Dictionary

See Explosion; Police, 3.

A collection of Scandinavian customs in force in the southern part of Norway. The Froata-thing was in force in the more northerly division of Dronheim. They are said to help to an

The first of August, the same as St. Peter's Day ad Vincula. Cowell.

The heraldic name of the color usually called “red.” The word is derived from the Arabic word “gule,” a rose, and was probably introduced by the Crusaders. Gules is denoted in engr

the term “Gulf Coast region” means— (A) in the Gulf Coast States, the coastal zones (as that term is defined in section 1453 of title 16 ), 1 except that, in this section, the term

the term “Gulf Coast State” means any of the States of Alabama, Florida, Louisiana, Mississippi, and Texas; and

The terms “area affected by a Gulf hurricane disaster” and “Gulf hurricane disaster” have the meanings given such terms in section 209 of the Higher Education Hurricane Relief Act

For purposes of subparagraph (A), the term “Gulf Opportunity housing amount” means, for any calendar year, the amount equal to the product of $18.00 multiplied by the portion of th

The terms “Gulf Opportunity Zone” and “GO Zone” mean that portion of the Hurricane Katrina disaster area determined by the President to warrant individual or individual and public

For purposes of this subsection, the term “Gulf Opportunity Zone public utility casualty loss” means any casualty loss of public utility property (as defined in section 168(i)(10))

The term "Gulf reef fish" means any fish chosen by the Gulf of Mexico Fishery Management Council that is in the reef Fishery Management Plan for the purposes of this chap

The term “Gulf tax credit bond” means any bond issued as part of an issue if— (i) the bond is issued by the State of Alabama, Louisiana, or Mississippi, (ii) 95 percent or more of

“Gum rosin” means rosin remaining after the distillation of gum spirits of turpentine.

“Gum spirits of turpentine” means spirits of turpentine made from gum (oleoresin) from a living tree.

A conspiracy in 1605 to blow up the king and parliament to avenge anti-Catholic legislation.

Gurges, a deep pit of water, a gors or gulf, consisteth of water and land; and therefore by the grant thereof by that name the soil doth pass. In Domesday it is called guort, gort,

Wears. Jacob.

In Scotechlaw. Curteasy. Also the privileges, prerogatives, or, perhaps, retinue, of a court. subtle] and captious interpretation is repro- S8t.5 & 6 Wm. TV. c. 82. Spence, Eq. Jur

GEST. (Sax.) In old English law. A guest; a person who lodged a second night with another was so called, among the ancient Saxons.

Lat. A keeper, or protector. See injfra. A guardian. Bract, fol. 87, 161. Co, Litt. 76 a.

Lat. In English practice. Keeper of the writs. A principal clerk belonging to the courts of king's Bench and Common Pleas, whose office was to receive and keep all the writs, retur

Lat. In English ecclesiastical law. Keeper of the temporalities. He to whose custody a vacant see or abbey was committed by the king, as supreme lord; who, as a steward of the good

Jutes; one of the three nations who migrated from Germany to Britain at an early period. According to Spelman, they established themselves chiefly in Kent and the Isle of Wight. ab

3, V. To rid land of its superfluous moisture, by deepening, straightening, or embanking the natural water-courses, and supplementing them, when necessary, by artificial ditches."

The diminutive of a sewer. Callis, Sew. (80,) 100. In modern law, an open ditch or cenduit designed to allow the passage of water from one point to another in a certain direction,

The chief conspirator of the Gunpowder plot.

brit. Maid's fee; a payment made to the lord of the marriage or incontinency of the daughter H.

A fee paid to the lord upon the loss of maidenhood, by marriage or otherwise, of a tenant's daughter.

Maid’s fee. An old English phrase signifying a customary fine payable to lords of some manors on marriage of tenant’s daughter, or otherwise on her incontinence. Cowell, Marchet.

brit. Maid's fee; a payment or fine made to the lords of some manors in England, upon the marriage of their tenant's, daughters, or otherwise on their committing incontinency.

A place of execution.

Waif. Par. Ant. ell. on marriage local court of the hundred of Pathbew, in otherwise on her Warwickshire. GYLTWITE (Saxon). Compensation for place of execu- fraud or trespass. (Jra

See Drain. An ordinance requiring lot-owners to keep the " gutters " opposite their premises in good repair, and free from obstructions, was held to refer to the ordinary open gutt

Uncompensated, unpaid for, unavenged. From the participle of exclusion, o, œ or ex, (Goth.,) and gild, payment, requital. Anc. Inst. Eng.

The name of a court which was held every three weeks in the liberty or hundred of Pathbew in Warwick. Jacob.

Amends for fraud or trespass.

A government in which a p. 196; Cow- woman holds, or is capable of holding, the position or chief executive. H is sometimes used in some Law Latin words in which it is more general

Government by a woman; a state in which women are legally capable of the supreme command; e. g., in Great Britain and Spain.

Wandering monks.

Shackles.

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.