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to do and receive whatever the court or the judge issuing the writ shall consider in that behalf. This writ may also be issued by the bail of a prisoner, who has been taken upon a criminal accusation, in order to surrender him in his own discharge; upon the return of this writ the court will cause an exoneratur to be entered on the bail-piece, and remand the prisoner to his former custody. Tidd's Pr. 405; 1 Chit. Cr. Law, 132
HABEAS CORPUS AD PROSEQUENDUM, is a writ which issues for the purpose of removing a prisoner in order to prosecute. 3 Bl. Com. 180.
HABEAS CORPUS AD RESPONDENDUM, is a writ which issues at the instance of a creditor or one who has a cause of action against a person who is confined by the process of some inferior court; in order to remove the prisoner and charge him with this new action in the court above. 2 Mod. 198; 3 Bl. Com. 107.
HABEAS CORPUS AD SATISFACIENDUM, is a writ issued at the instance of a plaintiff for the purpose of bringing up a prisoner, against whom a judgment has been rendered, in a superior court to charge him with the process of execution. 2 Lill. Pr. Reg. 4; 3 Bl. Com. 129, 130.
HABEAS CORPUS AD SUBJICIENDUM, remedies, by way of eminence called the writ of habeas corpus, (q. v.), is a writ directed to the person detaining another, and commanding him to produce, the body of the prisoner, with the day and cause of his caption and detention, ad faciendum, subjiciendum, et recipiendum, to do, submit to, and receive, whatsoever the judge or court awarding such writ shall consider in that behalf. 3 Bl. Com. 131; 3 Story, Const. § 1333.
HABEAS CORPUS AD TESTIFICANDUM, a writ issued for the purpose of bringing a prisoner, in order that he may testify before the court. 3 Bl. Com. 130.
HABENDUM, in conveyancing. This is a Latin word which signifies to have. In conveyancing, it is that part of a deed which usually declares what estate or interest is granted by it, its certainty, duration, and to what use. It sometimes qualifies the estate, so that the general implication of the estate, which, by construction of law, passes in the premises, may by the habendum be controlled; in which case the habendum may enlarge the estate, but not totally contradict, or be repugnant to it. The habendum commences in our common deeds with the words, "to have and to hold." 2 Bl. Com. 298; 14 Vin. Ab. 143; Com. Dig. Fait, E 9; 2 Co. 55 a; 8 Mass. R. 175; I Litt. R. 220; Cruise, Dig. tit. 32, c. 20, s. 69 to 93 ; 5 Serg. & Rawle, 375; 2 Rolle, Ab. 65; Plowd. 153; Co. Litt. 183; Martin's N. C. Rep. 28; 4 Kent, Com. 456; 3 Prest. on Abstr. 206 to 210; 5 Barnw. & Cres. 709; 7 Greenl. R. 455; 6 Conn. R. 289; 6 Har. & J. 132; 3 Wend. 99.
HABERDASHER, a dealer in miscellaneous goods and merchandise.
* HABERE FACIAS POSSESSIONEM, practice, remedies. The name of a writ of execution in the action of ejectment. The sheriff is commanded by this writ that without delay he cause the plaintiff to have possession of the land in dispute which is therein described; a fi. fa. or ca. sa. for costs may be included in the writ. The duty of the sheriff in the execution and return of that part of the writ, is the same as on a common f . fa. or ca. sa. The sheriff is to execute this writ by delivering a full and actual possession of the premises to the plaintiff. For this purpose he may break an outer or inner door of the house, and, should he be violently opposed, he may raise the posse eomitatus. Wats. onSher. 60, 215; 5 Co. 91 b.; 1 Leon. 145. The name of this writ is abreviated hab.fa. pass. Vide 10 Vin. Ab. 14; Tidd's Pr. 1081, 8th Engl. edit.; 2 Arch. Pr. 58; 3 Bl. Com. 412; Bing. on Execut. 115, 252; Bac. Ab. h. t.
HABERE FACIAS SEISINAM, practice, remedies. The name of a writ of execution, used in most real actions, by which the sheriff is directed that he cause the demandant to have seisin of the lands which he has recovered. This writ may be taken out at any time within a year and day after judgment. It is to be executed nearly in the same manner as the writ of habere facias possessionem, and, for this purpose, the officer may break open the outer door of a house to deliver seisin to the demandant. 5 Co. 91 b; Com. Dig. Execution, E; Wats. Off. of Sheriff, 238. The name of this writ is abbreviated hab. fa. seis. Vide Bingh. on Exec. 1,15, 252 ; Bac. Ab. h. t.
HABERE FACIAS VISUM, practice, the name of a writ which lies when a view is to be taken of lands and tenements. F. N. B. Index, verbo, View.
HABITATION, civil law, was the right of a person to live in the house of another without prejudice to the property. It differed from a usufruct, in this, that the usufructarian might have applied the house to any purpose, as, a store or manufactory; whereas the party having the right of habitation could only use it for the residence of himself and family. 1 Bro. Civ. Law, 184; Domat, 1. 1, t. 11, s. 2, n. 7.
HABITATION, estates. A dwelling-house, a home-stall. 2 Bl. Com. 4; 4 Bl. Com. 220. Vide House.
HABITUAL DRUNKARD, one who is so frequently drunk as to manifest a design of repeating the same act. By the laws of Pennsylvania a habitual drunkard is put nearly upon the same footing with a lunatic; he is deprived of his property and a committee is appointed by the court to take care of his person and estate. Act of 13th June, 1836, Pamph. p. 589. Vide 6 Watts's Rep. 139; 1 Ashm. R. 71.
HABITUALLY, so frequently as to show a design of repeating the same act. 2 N. S. 622; 1 Mart. (Lo.) R. 149.
HAD BOTE, Engl. law. A recompense or amends made for violence offered to a person in holy orders.
HALF-BLOOD, parentage, kindred. When persons are descended from only one parent in common, they are of the half-blood, or related only by half in the same degree that children descended from the same parents are. For example, if John marry Sarah and has a son by that marriage, and after Sarah's death he marry Maria, and has by her another son, these children are of the half-blood, whereas two of the children of John and Sarah would be of the whole blood. By the English common law, one related to an intestate of the half-blood only, could never inherit, upon the presumption that he is not of the blood of the original purchaser; but this rule has been greatly modified by the 3 and 4 Wm. 4, c. 106. In this country the common law principle on this subject may be considered as not being in force, though in some states some distinction is still preserved between the whole and the half blood. 4 Kent, Com. 403, n.; 1 Badg. & Dev. (N. C.) Rep. 160; 2 Yerg. 115; 1 M'Cord, 456; Dane's Ab. Index, h. t.; Reeves on Descents, passim. Vide Descents.
HALF CENT, money, a copper coin of the United States, of the value of one two-hundredth part of a dollar, or five mills. It weighs eightyfour grains. Act of January 16, 1837, s. 12, 4 Sharswood's cont. of Story's L. U. S. 2523, 4. Vide Money.
HALF DEFENCE, pleading.— Vide Defence; Et cetera.
HALF DIME, money, a silver coin of the United States of the value of one-twentieth part of a dollar, or five cents. It weighs twenty grains and five-eighths of a grain. Of one thousand parts, nine hundred are of pure silver and one hundred of alloy. Act of January 18, 1837, s. Sand 9, 4 Sharswood's cont. of Story's L. U. S. 2523, 4. Vide Money.
HALF DOLLAR, money, a silver coin of the United States of the value of fifty cents. It weighs two hundred and six and one-fourth grains. Of one thousand parts, nine hundred are of pure silver and one hundred of alloy. Act of January 18, 1837, s. 8 and 9, 4 Sharsw. cont. of Story's L. U. S. 2523, 4. Vide Money.
HALF EAGLE, money, a gold coin of the United States, of the value of five dollars. It weighs one hundred and twenty-nine grains. Of one thousand parts, nine hundred are of pure gold, and one hundred of alloy. Act of January 18th, 1837, 4 Sharsw. cont. of Story's L. U. S. 2523, 4. Vide Money.
HALF SEAL, is a seal used in the English chancery for the sealing of commissions to delegates appointed upon any appeal, either in ecclesiastical or marine causes.
HALF YEAR. In the computetion of time, a half year consists of one hundred and eighty-two days. Co. Litt. 135 b; Rev. Stat. of N. Y. part 1, c. 19, t. 1, § 3.
HALL. A public building used either for the meetings of corporations, courts, or employed to some
public use; as the city hall, the town hall. Formerly this word denoted the chief mansion or habitation.
HALLUCINATION, med. jur. It is 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 delusion or waking dreams. An attempt has been made to distinguish hallucinations from illusions; the former are said to be dependent on the state of the intellectual organs; and, the latter, on that of those of sense. Ray, Med. Jur. § 99; 1 Beck, Med. Jun 538, note. An instance is given of a temporary hallucination in the celebrated Ben Jonson, the poet. He told a friend of his that he had spent many a night in looking at his great toe, about which he had seen Turks and Tartars, Romans and Carthagenians, fight, in his imagination. 1 Coll. on Lun. 34. If instead of being temporary this affection of his mind had been parmanent, he would doubtless have been considered insane. See on the subject of spectral illusions, Hibbert, Alderson and Farrar's Essays; Scott on Demonology, &c.; Bostock's Physiology, vol. 3, p. 91, 161.
HALMOTE. The name of a court among the Saxons. It had civil and criminal jurisdiction.
HAMESUCKEN, Scotch law.— The crime of hamesucken consists in "the felonious seeking and invasion of a person in his dwelling-house." 1 Hume, 312; Burnett, 86; Alison's Princ. of the Cr. Law of Scotl. 199. The mere breaking into the house, without the personal violence does not constitute the offence, nor does the violence without an entry with intent to commit an assault. It is the combination of both which completes the crime. 1. It is necessary that the invasion of the house should have proceeded from forethought malice; but it is sufficient if, from any illegal motive, the violence has been meditated, although it may not have proceeded from the desire of wreaking personal revenge properly so called. 2. The place where the assault was committed must have been the proper dwelling-house of the party injured, and not a place of business, visit, or occasional residence. 3. The offence may be committed equally in the day as in the night, and not only by effraction of the building by actual force, but by an entry obtained by fraud with the intention of inflicting personal violence, followed by its perpetration. 4. But unless the injury to the person be of a grievous and material character, it is not hamesucken, though the other requisites to the crime have occurred. When this is the case it is immaterial whether the violence be done lucri causa, or from personal spite. 5. The punishment of hamesucken, in aggravated cases of injury, is death; in cases of inferior atrocity, an arbitrary punishment. Alison's Pr. of Cr. Law of Scotl. ch. 6; Ersk. Pr. L. Scotl. 4, 9 M.
'HANAPER OFFICE. Eng.law. This is the name of one of the offices belonging to the English court of chancery. 3 Bl. Com. 49.
HAND, measure. The length of four inches. Horses are measured by the hand. Vide Measures.
HANDSALE,contracts. 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 called handsale, venditio per mutuant manum complexionem. In process of time the same word was used to signify the price or earnest, which was given immediately after the shaking of hands, or instead thereof. 2 Bl. Com. 448; Heineccius, de Antique Jure Germanico,
lib. 2, § 335; Toull. Dr. Civ. Fr. liv. 3, t. 3, c. 2, n. 33.
HANDWRITING, evidence,— every man's hand is different from others, and the character of his writing differs from all others, this is called his handwriting. It is sometimes necessary to prove that a certain instrument or name is in the handwriting of a particular person, that is done either by the testimony of a witness, who saw the paper or signature actually written; or by one who has by sufficient means, acquired such a knowledge of the general character of the handwriting of the party as will enable him to swear to his belief, that the handwriting of the person is the handwriting in question. 1 Phil. Ev. 422; Stark. Ev. h. t.; 2 John. Cas. 211; 5 John. R. 144; 1 Dall. 14; 2 Grenl. R. 33; 6 Serg. dc Rawle, 568; 1 Nott & M'Cord, 554; 19 Johns. R. 134; Anthon's N. P. 77; 1 Ruffin's R. 6; 2 Nott & M'Cord, 400; 7 Com. Dig. 447; Bac. Ab. Evidence, M; Dane's Ab. Index, h. t.
HANGING, punishment. Suspension by the neck of a criminal, who has been sentenced to suffer death in due form of law, until he is dead.
HAP. An old word which signifies to catch; as, " to hap the rent," "to hap the deed poll." Techn. Diet. h. t.
TO HARBOUR, torts, is to receive clandestinely and without lawful authority a person for the purpose of so concealing him that another having a right to the lawful custody of such person, shall be deprived of the same; for example the harbouring of a wife or an apprentice in order to deprive the husband or the master of them. The harbouring of such persons will subject the harbourer to an action for the injury; but in order to put him completely in the wrong, a demand should be made for their restoration, for in cases where the harbourer has not committed any other wrong than merely receiving plaintiff's wife, child or apprentice, he may be under no obligation to return them without a demand. 1 Chit. Pr. 564; Dane's Ab. Index, h. t.
HARD LABOUR, punishment. In those states where the penitentiary system has been adopted, convicts who are to be imprisoned as part of their punishment, are sentenced to perform hard labour. This labour is not greater than many freemen perform voluntarily, and the quantity required to be performed is not at all unreasonable. In the penitentiaries of Pennsylvania it consists in being employed in weaving, shoemaking and such like employments.
HART. A stag or male deer of the forest five years old complete.
HAT MONEY, mar. law. The name of a small duty paid to the captain and mariners of a ship, usually called primage, (q. v.)
TO HAVE. Vide Habendum; Tenendum.
HAVEN. 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 Chit. Com. Law, 2; 15 East, R. 304, 5. Vide Creek,: Port; Road.
HAWKERS. Persons going from place to place with goods and merchandise for sale. To prevent impositions they are generally required to take out licenses, under regulations established by the local laws of the states.
HAZARDOUS CONTRACT,— civ. law. When the performance of that which is one of its objects, depends on an uncertain event, the contract is said to be hazardous. Civ. Co of Lo. art. 1769.
HEAD BOROUGH, Engl. law. Formerly he was the chief officer of
a borough, but now he is an officer subordinate to constable.
HEALTH. The most perfect state of life. It may then be defined to be the natural agreement and concordant dispositions of the parts of the living body. Public health is an object of the utmost importance, and has attracted the attention of the national and state legislatures. By the act of congress of the 25th of February, 17»», 1 Story's Laws U. S. 564, it is enacted, 1, that the quarantines and other restraints, which shall be established by the laws of any state, respecting any vessels arriving in or bound to any port or district thereof, whether coming from a foreign port or some other part of the United States, shall be observed and enforced by all officers of the United States, in such place. Sect. 1.—2. In times of contagion the collectors of the revenue may remove, under the provisions of the act, into another district. Sect. 4.—3. The judge of any district court, may, when a contagious disorder prevails in his district, cause the removal of persons confined in prison under the laws of the United States, into another district. Sect. 5.—4. In case of the prevalence of a contagious disease at the seat of government, the president of the United States may direct the removal of any or all public offices to a place of safety. Sect. 6.—5. In case of such contagious disease, at the seat of government, the chief justice, or in case of his death or inability, the senior associate justice of the supreme court of the United States, may issue his warrant to the marshal of the district court within which the supreme court is by law to be holden, directing him to adjourn the said session of the said court to such other place within the same or adjoining district as he may deem convenient. And the district judges