Gambar halaman
PDF
ePub

HABEAS CORPUS AD TES

to do and receive whatever the court or the judge issuing the writ shall | TIFICANDUM, a writ issued for the consider in that behalf. This writ purpose of bringing a prisoner, in or may also be issued by the bail of a der that he may testify before the prisoner, who has been taken upon court. 3 Bl. Com. 130. 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 is sues for the purpose of removing a prisoner in order to prosecute. 3 Bl. Com. 130.

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.

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; 1 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.

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 exe. cution. 2 Lill. Pr. Reg. 4; 3 Bl. Com. 129, 130. HABERE FACIAS POSSESHABEAS CORPUS AD SUB-SIONEM, practice, remedies. The JICIENDUM, remedies, by way name of a writ of execution in the of eminence called the writ of ha- action of ejectment. The sheriff is beas corpus, (q. v.), is a writ direct- commanded by this writ that without ed to the person detaining another, delay he cause the plaintiff to have and commanding him to produce, the possession of the land in dispute body of the prisoner, with the day which is therein described; a fi. fa. and cause of his caption and deten- or ca. sa. for costs may be included tion, ad faciendum, subjiciendum, et in the writ. The duty of the sheriff recipiendum, to do, submit to, and in the execution and return of that receive, whatsoever the judge or part of the writ, is the same as on a court awarding such writ shall con- common fi. fa. or ca. sa. The sider in that behalf. 3 Bl. Com. sheriff is to execute this writ by deli131; 3 Story, Const. § 1333. vering 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 comitatus. Wats. on Sher. 60, 215; 5 Co. 91 b.; 1 Leon. 145. The name of this writ is abreviated hab. fa. poss. 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. 115, 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 18, 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. 8 and 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.

Of

HALF EAGLE, money, a gold coin of the United States, of the value of five dollars. It weighs one hundred and twenty-nine grains. 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 computation 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. Jur. 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

lib. 2, § 335; Toull. Dr. Civ. Fr. liv. 3, t. 3, c. 2, n. 33.

malice; but it is sufficient if, from any illegal motive, the violence has been meditated, although it may not HANDWRITING, evidence ;have proceeded from the desire of every man's hand is different from wreaking personal revenge properly others, and the character of his writso called. 2. The place where the ing differs from all others, this is assault was committed must have called his handwriting. It is somebeen the proper dwelling-house of times necessary to prove that a certhe party injured, and not a place of tain instrument or name is in the business, visit, or occasional resi- handwriting of a particular person, dence. 3. The offence may be com- that is done either by the testimony mitted equally in the day as in the of a witness, who saw the paper or night, and not only by effraction of signature actually written; or by the building by actual force, but by one who has by sufficient means, acan entry obtained by fraud with the quired such a knowledge of the geneintention of inflicting personal vioral character of the handwriting of lence, followed by its perpetration. the party as will enable him to swear 4. But unless the injury to the per- to his belief, that the handwriting of son be of a grievous and material the person is the handwriting in quescharacter, it is not hamesucken, tion. 1 Phil. Ev. 422; Stark. Ev. though the other requisites to the h. t. ; 2 John. Cas. 211; 5 John. R. crime have occurred. When this is 144; 1 Dall. 14; 2 Grenl. R. 33; the case it is immaterial whether the 6 Serg. & Rawle, 568; 1 Nott & violence be done lucri causa, or from M'Cord, 554; 19 Johns. R. 134; personal spite. 5. The punishment Anthon's N. P. 77; 1 Ruffin's R. 6; of hamesucken, in aggravated cases 2 Nott & M'Cord, 400; 7 Com. Dig. of injury, is death; in cases of infe- 447; Bac. Ab. Evidence, M; Dane's rior atrocity, an arbitrary punish- Ab. Index, h. t. ment. Alison's Pr. of Cr. Law of Scotl. ch. 6; Ersk. Pr. L. Scotl. 4, 9, 23.

HANAPER OFFICE. Eng.law. This is the name of one of the offices belonging to the English court of chancery. 3 Bl. Com. 49.

Sus

HANGING, punishment. pension 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. Dict. h. t.

HAND, measure. The length of four inches. Horses are measured by the hand. Vide Measures. TO HARBOUR, torts, is to reHANDSALE, contracts. Ancient-ceive clandestinely and without lawly, among all the northern nations, ful authority a person for the purpose shaking of hands was held necessary of so concealing him that another to bind a bargain; a custom still re- having a right to the lawful custody tained in verbal contracts; a sale of such person, shall be deprived of thus made was called handsale, ven- the same; for example the harbourditio per mutuam manum complexio-ing of a wife or an apprentice in order nem. In process of time the same to deprive the husband or the master word was used to signify the price or of them. The harbouring of such earnest, which was given immediately persons will subject the harbourer to after the shaking of hands, or instead an action for the injury; but in order thereof. 2 Bl. Com. 448; Heinec- to put him completely in the wrong, cius, de Antique Jure Germanico, 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

[blocks in formation]

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, 1799, 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 reve nue may remove, under the provi sions 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 preva lence 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

« SebelumnyaLanjutkan »