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may under the same circumstances, have the same power to adjourn to some other part of their several districts. Sect. 7.-Offences against the provisions of the health laws are generally punished by fine and imprisonment. There are offences against public health punishable by the common law by fine and imprisonment, such for example as selling unwholesome provisions. 4 Bl. Com. 162; 2 East's P. C. 822; 6 East, R. 133 to 141; 3 M. & S. 10; 4 Campb. R. 10.

trial of a chancery suit. The hear ing is conducted as follows. When the cause is called on in court, the pleadings on each side are opened in a brief manner to the court by the junior counsel for the plaintiff; after which the plaintiff's leading counsel states the plaintiff's case, and the points in issue, and submits to the court his arguments upon them. Then the depositions (if any) of the plaintiff's witnesses, and such parts of the defendant's answer as support the plaintiff's case are read by the Private injuries affecting a man's plaintiff's solicitor; after which the health arise upon a breach of con- rest of the plaintiff's counsel address tract, express or implied; or in con- the court; then the same course of sequence of some tortious act un- proceedings is observed on the other connected with a contract. 1. Those side excepting that no part of the injuries to health which arise upon defendant's answer can be read in a contract are, 1st. The misconduct his favour, if it be replied to: the of medical men, when through neg-leading counsel for the plaintiff is lect, ignorance, or wanton experi- then heard in reply; after which the ments, they injure their patients. 1 court pronounces the decree. Newl. Saund. 312, n. 2.-2d. By the sale Pr. 153, 4; 14 Vin. Ab. 233; Com. of unwholesome food; though the Dig. Chancery, T 1, 2, 3. law does not consider a sale to be a warranty as to the goodness or quality of a personal chattel, it is otherwise with regard to food and liquors. 1 Rolle's Ab. 90, pl. 1, 2.2. Those injuries which affect a man's health, and which arise from tortious acts unconnected with con-magistrate to take and complete the tracts are, 1st, private nuisances; 2d, public nuisances; 3d, breaking quarantine; 4th, by sudden alarms, and frightening as by raising a pretended ghost. 4 Bl. Com. 197, 201, note 25; 1 Hale, 429; Smith's Forens. Med. 37 to 39; 1 Paris & Fonbl. 351, 352. For private injuries affecting his health a man may generally have an action on the case. HEALTH OFFICER. The name of an officer invested with power to enforce the health law. The powers and duties of health officers are regulated by local laws. HEARING, chancery practice. The name of hearing is given to the

HEARING, crim. law. Is the investigation by a magistrate of a charge made against a person accused of the facts of the case. This is always done upon oath of witnesses who must be examined face to face with the accused. It is the duty of the

examination of all concerned. When either for want of time, or from any other reason, the magistrate cannot complete the examination at the time, he may postpone it for a further hearing. 1 Chit. Cr. Law, 72. Vide Further Hearing.

HEARSAY EVIDENCE, is the evidence of those who relate, not what they know themselves, but what they have heard from others. As a general rule, hearsay evidence of a fact is not admissible. If any fact is to be substantiated against a person, it ought to be proved in his presence by the testimony of a wit ness sworn or affirmed to speak the

truth. There are, however, excep- | Gresl. Eq. Ev. pt. 2, c. 3, s. 3, p. tions to the rule.-1. Hearsay is 218, for the rules in courts of equity admissible when it is introduced, not as to receiving hearsay evidence. 20 as a medium of proof in order to Am. Jur. 68. establish a distinct fact, but as being HEIFER. The female issue of in itself a part of the transaction in a cow, which issue has not had a question, when it is a part of the calf. A beast of this kind two years res gesta. 1 Phil. Ev. 218; 4 and a half old was held to be improWash. C. C. R. 729; 14 Serg. & perly described in an indictment as Rawle, 275; 21 How. St. Tr. 535; a cow. 2 East, P. C. 616; 1 Leach, 6 East, 193.-2. What a witness 105. swore on a former trial, between the HEIR, is one born in lawful masame parties, and where the same trimony, who succeeds by descent, point was in issue as in the second right of blood, and by act of God, action, and he is since dead, what he to lands, tenements or hereditaments, swore to is, in general, evidence. 2 being an estate of inheritance. UnShow. 47; 11 John. R. 446; 2 Hen. der the word heirs are comprehend& Mumf. 193; 17 John. R. 176. ed the heirs of heirs in infinitum. 1 But see, 14 Mass. 234; 2 Russ. on Co. Litt. 7 b, 9 a, 237 b; Wood's Cr. 683, and the notes.-3. The Inst. 69. According to many audying declarations of a person who thorities, heir may be nomen collechas received a mortal injury, as to tivum, as well in a deed as in a will, the fact itself, and the party by whom and operate in both in the same it was committed, are good evidence manner, as heirs in the plural numunder certain circumstances. Vide ber. 1 Roll. Abr. 253; Ambl. 453; Declarations, and 15 John. R. 286; Godb. 155; T. Jones, 111; Cro. 1 Phil. Ev. 215; 2 Russ. on Cr. Eliz. 313; 1 Burr. 38; 10 Vin. 683.-4. In questions concerning Abr. 233, pl. 1; 8 Vin. Abr. 233; public rights, common reputation is sed vide 2 Prest. on Est. 9, 10. In admitted to be evidence.-5. The wills in order to effectuate the intendeclarations of deceased persons in tion of the testator the word heirs is cases where they appear to have sometimes construed to mean next of been made against their interest, kin. 1 Jac. & Walk. 388; and have been admitted.-6. Declara- children, Ambl. 273; see further tions in cases of birth and pedigree as to the force and import of this are also to be received in evidence. word, 2 Vent. 311; 1 P. Wms. 229; 7. Boundaries may be proved by 3 Bro. P. C. 60, 454; 2 P. Wms. 1, hearsay evidence, but, it seems, it 369; 2 Black. R. 1010; 4 Ves. 26, must amount to common tradition or 766, 794; 2 Atk. 89, 580; 5 East, repute. 6 Litt. 7; 6 Pet. 341; Rep. 533; 5 Burr. 2615; 11 Mod. Cooke, R. 142; 4 Dev. 342; 1189; 8 Vin. Abr. 317; 1 T. R. 630; Hawks, 45; 4 Hawks, 116; 4 Day, Bac. Abr. Estates in fee simple, B. 265. See 3 Ham. 283. There are perhaps a few more exceptions which will be found in the books referred to below. 2 Russ. on Cr. B. 6, c. 3; Phil. Ev. ch. 7, s. 7; 1 Stark. Ev. 40; Rosc. Cr. Ev. 20; Rosc. Civ. Ev. 19 to 24; Bac. Ab. Evidence, K; Dane's Ab. Index, h. t. Vide also, Dig. 39, 3, 2, 8; Ib. 22, 3, 28. See

There are several kinds of heirs specified below.

By the civil law heirs are divided into testamentary or instituted heirs; legal heirs or heirs of the blood; to which the Civil Code of Louisiana has added irregular heirs. They are also divided into unconditional and beneficiary heirs.

HEIR, (COLLATERAL).

A

It is proper here to notice a differHEIR, (BENEFICIARY,) a term ence in the meaning of the word heir, used in the civil law. Beneficiary as it is understood by the common heirs are those who have accepted and by the civil law. By the civil the succession under the benefit of an law the term heirs was applied to all inventory regularly made. Civ. Code persons who were called to the suc- of Lo. art. 879. If the heir apprecession, whether by the act of the hend that the succession will be burparty or by operation of law. The dened with debts beyond its value, he person who was created universal accepts with benefit of inventory, and successor by a will, was called the in that case he is responsible only for testamentary heir; and the next of the value of the succession. See Inkin by blood was, in cases of intes-ventory, benefit of. tacy, called the heir at law, or heir by intestacy. The executor of the common law is in many respects not unsimilar to the testamentary heir of the civil law. Again, the administrator in many respects corresponds with the heir by intestacy. By the common law, executors, unless expressly authorised by the will, and administrators have no right, except to the personal estate of the deceased; whereas the heir by the civil law was authorised to administer both the personal and real estate. 1 Brown's Civ. Law, 344; Story, Confl. of Laws, § 508.

collateral heir is one who is not of the direct line of the deceased, but comes from a collateral line; as a brother, sister, an uncle and aunt, a nephew, niece, or cousin of the deceased.

HEIR, (CONVENTIONAL,) civ. law. A conventional heir is one who takes a succession by virtue of a contract; for example, a marriage contract which entitles the heir to the succession.

HEIR,

heirs.

FORCED. Vide Forced

has a right to, and is introduced into all his lands, tenements and hereditaments. He must be of the whole blood, not a bastard, alien, &c. Bac. Abr. Heir, B 2; Coparceners; Descent.

HEIR GENERAL, or heir at All free persons, even minors, lu- common law, in the English law. natics, persons of insane mind or the The heir at common law is he who like, may transmit their estates as in-after his father or ancestor's death testate ab intestato, and inherit from others. Civ. Code of Lo. 945; accord, Co. Litt. 8 a. The child in its mother's womb is considered as born for all purposes of its own interest; it takes all successions opened in its favour, since its conception, provided it be capable of succeeding at the moment of its birth. Civ. Code of Lo. 948. Nevertheless, if the child conceived is reputed born, it is only in the hope of its birth; it is necessary then that the child be born alive, for it cannot be said those who are born dead ever inherited. Ib. 949. See In ventre sa mere.

HEIR APPARENT is one who has an indefeasible right to the inheritance, provided he outlive the ancestor. 2 Bl. Com. 208.

HEIR, (IRREGULAR) in Louisiana. Irregular heirs are those who are neither testamentary nor legal, and who have been established by law to take the succession. See Civ. Code of Lo. art. 874. When the deceased has left neither lawful descendants nor ascendants, nor collateral relations, the law calls to his inheritance either the surviving husband or wife, or his or her natural children or the state. Ib. art. 911. This is called an irregular succes. sion.

(TESTAMENTARY,)

HEIR, (LEGAL) civil law. A HEIR, legal heir is one who is of the same civil law. A testamentary heir is blood of the deceased, and who takes one who is so constituted by testathe succession by force of law; this ment executed in the form prescribed is different from a testamentary or by law. He is so called to distinconventional heir who takes the suc-guish him from the legal heirs who cession in virtue of the disposition of are called to the succession by the man. See Civ. Code of Louis. art. law; and from conventional heirs, 873, 875; Dict. de Jurisp. Heritier who are so constituted by a contract legitime. There are three classes inter vivos. See Hares factus ; of legal heirs, to wit; the children Devisee. and other lawful descendants; the fathers and mothers and other lawful ascendants; and the collateral kindred. Civ. Code of Lo. art. 883.

HEIR LOOM, estates, is literally a limb or member of the inheritance. The term heir looms is applied to those chattels which are considered as annexed and necessary to the enjoyment of an inheritance. They are chattels, which contrary to the nature of chattels, descend to the heir, along with the inheritance, and do not pass to the executor of the last proprietor. Charters, deeds, and other evidences of the title of the land, together with the box or chest in which they are contained; the keys of a house, and fish in a fish pond, are all heir looms. 1 Inst. 3 a; Ib. 185 b; 7 Rep. 17 b; Cro. Eliz. 372; Bro. Ab. Charters, pl. 13; 2 Bl. Com. 28; 14 Vin. Ab. 291.

HEIR PRESUMPTIVE. A presumptive heir is one who in the present circumstances would be entitled to the inheritance, but whose rights may be defeated by the contingency of some nearer heir being born. 2 Bl. Com. 208. In Louisiana, the presumptive heir is he who is the nearest relation to the deceased, capable of inheriting. This quality is given to him before the decease of the person from whom he is to inherit, as well as after the opening of the succession, until he has accepted or renounced it. Civ. Code of Lo. art. 876,

HEIR, (UNCONDITIONAL,) a term used in the civil law, adopted by the Civil Code of Louisiana. Unconditional heirs are those who inherit without any reservation, or without making an inventory, whether their acceptance be express or tacit. Civ. Code of Louisiana, art. 878.

HEIRESS, a female heir to a person having an estate of inheritance. When there is more than one, they are called co-heiresses, or co-heirs.

HERBAGE, English law. A species of easement, which consists in the right to feed one's cattle on another man's ground.

HEREDITAMENTS, estates, is any thing capable of being inherited, be it corporeal or incorporeal, real, personal or mixed, and including not only lands and every thing thereon, but also heir-looms, and certain furniture which by custom may descend to the heir together within the land. Co. Litt. 5 b; 1 Tho. Co. Litt. 219; 2 Bl. Com. 17; by this term such things are denoted, as may be the subject-matter of inheritance, but not the inheritance itself; it cannot, there. fore, by its own intrinsic force, enlarge an estate, prima facie a life estate, into a fee. 2 B. & P. 251; 8 T. R. 503; 1 Tho. Co. Litt. 219; note T. Hereditaments are divided into corporeal and incorporeal. Cor. poreal hereditaments are confined to lands, (q. v.) Vide Incorporeal hereditaments, and Shep. To. 91; Cruise's Dig, tit, 1, s. 1; Wood's Inst. 121;

3 Kent, Com. 321; Dane's Ab. In- gives an interesting account of a dex, h. t. supposed hermaphrodite who came HEREDITARY. That which is under his own observation in Ches

inherited.

ter county, Pennsylvania. The in

HERESY, Eng. law, is the adop-dividual was called Elizabeth, and tion of any erroneous tenet not warranted by the established church. This is punished by the deprivation of certain civil rights, and by fine and imprisonment. 1 East, P. C. 4. Vide Apostacy; Christianity. HERISCHILD. A species of English military service or knight's fee.

HERIOTS, Engl. law, are a render of the best beast or other goods, as the custom may be, to the lord on the death of the tenant. 2 Bl. Com. 97. They are usually divided into two sorts, heriot-service, and heriot-custom; the former are such as are due upon a special reservation in the grant or lease of lands, and therefore amount to little more than a mere rent; the latter arise upon no special reservation whatsoever, but depend merely upon immemorial usage and custom; these are defined to be a customary tribute of goods and chattles, payable to the lord of the fee, on the decease of the owner of the land. 2 Bl. Com. 422; vide Com. Dig. Copy hold, K 18; Bac. Ab. h. t; 2 Saund. Index, h. t.; 1 Vern. 441.

HERITAGE. Something that can be inherited. Co. Litt. s. 731.

HERMAPHRODITES are persons who have in the sexual organs the appearance of both sexes; they are adjudged to belong to that which prevails in them. Co. Litt. 2, 7; Domat, Lois Civ. lib. 1, t. 2, s. 1, n. 9. The sexual characteristics in the human species, are widely separated, and the two sexes never, perhaps, united in the same individual. 2 Dunglison's Hum. Physiol. 304; 1 Beck's Med. Jur. 94 to 110. Dr. Wm. Harris in a lecture delivered to the Philadelphia Medical Institute

till the age of eighteen wore the female dress, when she threw it off, and assumed the name of Rees with the dress and habits of a man: at twenty-five she married a woman, but had no children. Her clitoris was five or six inches long, and in coition, which she greatly enjoyed, she used this instead of the male organ. She lived till she was sixty years of age, and died in possession of a large estate which she had acquired by her industry and enterprise. Medical Examiner, vol. ii. p. 314. Vide 1 Briand, Méd. Lég. c. 2, art. 2, § 2, n. 2; Dict. des Sciences Méd. art. Hypospaedias, et art. Impuissance.

HIDE, measures. In England a hide of land, according to some ancient manuscripts, contained one hundred and twenty acres. Co. Litt. 5; Plowd. 167; Touchst. 93.

HIGH CONSTABLE. An officer appointed in some cities who bears this name. His powers are generally limited to matters of police, and are not more extensive in these respects than those of constables, (q. v.)

HIGH SEAS. This term, which is frequently used in the laws of the United States, signifies the unenclosed waters of the ocean, and also those waters on the sea coast which are without the boundaries of low water mark. 1 Gall. R. 624; 5 Mason's R. 290; 1 Bl. Com. 110; 2 Hagg. Adm. R. 398; Dunl. Adm. Pr. 32, 33. The act of congress of 30th of April, 1790, s. 8, 1 Story's L. U. S. 84, enacts, that if any person shall commit upon the high seas, or in any river, haven, basin, or bay, out of the jurisdiction of any particu lar state, murder, &c., which, if

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