HAP. [L. Fr. happer.] To catch or snatch; to get, gain or obtain; to get by chance. Cowell. See Happer. HAPPER. L. Fr. To chance, happen or fall out; to hap; to get or obtain; to get by chance.* Kelham. L. Fr. Dict. HAQUE. In old statutes. A hand gun, about three quarters of a yard long. Stat. 33 Hen. VIII. c. 6. Stat. 2 & 3 Edw. VI. c. 13. ocean. HARBOUR. In maritime law. A shelter or safe station for vessels; a haven or port.* A space of water so enclosed by the land as to be safe from the perils of the 1 Duer on Ins. 281. Any navigable water where ships can ride in safety. Webster. Harbour and port are very commonly used as synonymous terms. 1 Duer on İns. ub. sup. Hubbard, J., 9 Metcalf's R. 371, 377. A distinction is however sometimes made between them. Id. ibid. Strictly, harbour seems to denote a place for the accommodation of vessels; port, a place for the reception and delivery of cargoes. See Port, Portus. pean law. The defensive armour of a man ; harness. Spelman. HARNISCARA. L. Lat. In old European law. A kind of fine. The same with harmiscara, (q. v.) HARO, HARRON. Fr. In Norman, and early English law. An outcry, or hue and cry after felons and malefactors. Cowell. It seems to have been equivalent to the English "out." Thus, where the chamberlain of the bishop of Ely had killed deceased followed the bishop, crying out one William de Holme, the sister of the with a terrible clamour, harron upon thee, Thomas de Lylde, harron, harron upon thee; for thou hast slain my brother William de Holme, harron upon thee, harron." Hist. Eliens. apud Wharton. Angl. Sacr. par. 1, p. 658. HARTH, (or HEARTH) PENNY. [Sax. heorth peni.] In ancient English law. A tax or tribute of a penny imposed upon every hearth or house; the same with Peter-pence, or Romescot. Spelman. HASPA. L. Lat. In old English law. The hasp of a door; by which livery of seisin might anciently be made, where there was a house on the premises. Fieri debet traditio per ostium, et per haspam, vel annulum; livery should be made by the door, and by the hasp or ring, [that is, by delivering these to the party, in the name of the whole.] Bract. fol. 40, 398. In old records. The hasp or clasp of a book. Liber Statut. Eccl. Paul. Lond. MS. fol. 29 a. Cowell. HASTA. Lat. A spear; the badge of a sale by auction. Hasta subjicere; to put under the spear; to put up at auction. Calv. Lex. In modern phrase, to put under the hammer. HASTER. L. Fr. To haste; to hasten or despatch. Britt. c. 99. HASTIF, Hastyfe. L. Fr. Hasty; inconsiderate; immature. Britt. c. 99. HAT MONEY. [Fr. chapot.] In maritime law. An allowance formerly made to the master of a vessel for the purchase of winter clothing, which, according to Jacobsen, was mentioned in almost all charter parties. Sea Laws, 88. Supposed to be the same with the modern allowance of primage. Bouvier. But see Molloy de Jur. Mar. 305. HAUBERT. L. Fr. A coat of mail. Co. Litt. 108 a. Spelman. Servitium hauberticum; military service. Co. Litt. ub. sup. See Fief d'haubert. HAULT, Halt. L. Fr. [from Lat. altus, high.] High. Le hault strete; the high street or high-way. Year Book, M. 19 Ed. II. 842. Thel. Dig. lib. 10, c. 11, ¶ 8. Forcible or efficacious in law. Ci hault barre; so high a bar. Stat. Mod. Lev. Fines. HAYA. L. Lat. In old English law. A hay; an enclosure, or a piece of ground enclosed. See Hay. A hedge. See Haiá. HAYBOTE, Heybote. [from Fr. haye, a hedge, and Sax. bote, an allowance.] Hedgebote; an allowance of wood to a tenant for repairing his hedges or fences. 2 Bl. Com. 35. See Hedgebote, Haiebote, Heybote. HAYWARD, Haward, Heyward. [from Fr. hay, a hedge, and ward or gard, keeping.] In English law. An officer who keeps the common herd or cattle of a town; so called, because one part of his office is to see that they neither break nor crop the hedges of inclosed grounds. CowBlount. Kitch. 46. See Heyward. A similar office is retained in the United States, but the name is generally corrupted to howard, as in hog-howard. ell. HEADBOROUGH. See Headborow. HEADBOROW, Headborough. [from Sax. heafod, head, and borgh, a pledge.] In Saxon law. A chief pledge, (capitalis plegius ;) the head or principal man of a frank pledge, decennary or tithing; called also borowhead, borwealder, borghiealder, borsholder, tithingman. Spelman. 1 Bl. Com. 114. The other nine pledges were called handborow, (q. v.) In modern law. A constable. Termes de la ley. Willcock on Constables. HEADLAND. [L. Lat. caputium, chevitia, caput terræ.] A slip of unploughed. land left at the head or end of a ploughed field; otherwise called a butt. Litt. R. 13. See Butts. HEADSILVER. See Common fine. HEALSFANG, Halsfang, Healfang. Sax. [from hals, neck, and fangen, to grasp: L. Lat. collistrigium, q. v.] In Saxon law. The pillory; an engine of punishment by which the neck of the offender was enclosed and secured between two boards, so that the head could not be drawn out. Spelman. See Pillory. A fine paid as a commutation for this kind of punishment. LL. Canuti MS. c. 64. LL. Hen. I. c. 12. Spelman. HEAPED MEASURE. That kind of measure in which the commodities mea sured are heaped above the top of the vessel containing them. By the Revised By the Revised Statutes of New-York, it is provided that all commodities sold by heaped measure shall be duly heaped up in the form of a cone, the outside of the measure by which the same shall be measured, to be the extremity of the base of such cone, and such cone to be as high as the articles to be measured will admit. 1 Rev. St. [608,] 618, § 21, [16.] HEARING. In equity practice. That stage or proceeding in a cause which corresponds to the trial of a cause at law; the hearing of the arguments of the counsel for the parties upon the pleadings, or pleadings and proofs. 2 Daniell's Chanc. Pract. 1176, (Perkins' ed.) 1 Barbour's Chanc. Pr. 316. HEARSAY EVIDENCE. Evidence of what others have been heard to say; testimony from the relation of third persons; second-hand, as distinguished from original evidence.* 1 Greenl. Evid. § 98. The term hearsay evidence is used with reference both to that which is written, and to that which is spoken. But in its legal sense, it is confined to that kind of evidence which does not derive its effect solely from the credit to be attached to the witness himself, but rests also, in part, on the veracity and competency of some other person from whom the witness may have received his information. 1 Phillipps on Ev. 185. HEARTH MONEY. A tax of two shillings upon every hearth in England, granted to the king by statutes 13 & 14 Car. II. c. 10. Abolished by statute 1 W. & M. st. 1, c. 10. 1 Bl. Com. 324, 125. See Chimney Money, Fuage. H'EAS. The abbreviated form of writing habeas, in the old court hand, in the court of king's bench. Towns. Pl. 166. HEBBERMAN. A kind of poacher, or unlawful catcher of fish on the river Thames. So called because they commonly fished at ebbing water. Cowell. Blount. HEBBERTHEF. In Saxon law. The privilege of having the goods of a thief and the trial of him, within a certain liberty. Cart. S. Edmundi MS. fol. 163. Cowell. HEBDOMADA. Lat. [from Gr. 8Jouas.] A week; a space of seven days. Hebdomadius; a week's-man; the canon HEIR. [Sax. heier; L. Fr. heire; Lat. hæres.] One who, upon the death of another, acquires or succeeds to his estate by right of blood, and by operation of law.* The person who takes an estate in lands or tenements by descent from another, as distinguished from an alienee, who takes by deed, and a devisee, who takes by will.* He upon whom the law casts his ancestor's estate immediately on the death of the ancestor.* 2 Bl. Com. 201. He to whom lands, tenements or hereditaments, by the act of God and right of blood do descend, of some estate of inheritance. Co. Litt. 7 b. the ancestor should die immediately would, in the present circumstances of things, be his heir; but whose right of inheritance may be defeated by the contingency of some nearer heir being born; as a brother or nephew, whose presumptive succession may be destroyed by the birth of a child. 2 Bl. Com. 208. 1 Steph. Com. 358. HEIR AT LAW, or HEIR GENERAL. He who, after his ancestor's death has a right to all his lands, tenements, and hereditaments. Whishaw. One to whom the law gives the inheritance, on account of his proximity of blood. 1 Forbes' Inst. part 3, p. 76. HEIR SPECIAL. In English law. The issue in tail, who claims per formam doni; by the form of the gift. HEIR BY CUSTOM. In English law. One whose right of inheritance depends upon a particular and local custom, such as gavelkind, or borough english. Co. Litt. 140. HEIR BY Devise. One to whom lands are devised by will; a devisee of lands. Answering to the hæres factus, (q. v.) of the civil law. by right of blood; one who succeeds to the deceased in his heritage; i. e. lands and other heritable rights derived to him by succession as heir to his predecessor. Id. 77. Heir of conquest. One who succeeds to the deceased in conquest, i. e. lands or other heritable rights to which the deceased neither did or could succeed as heir to his predecessor. Id. ib. Heir general. An heir who generally represents the deceased, and succeeds to every thing not specially provided to other heirs; another name for an heir at law. Called also heir whatsoever. Id. 76, 77. HEIR-LOOM, Heir-lome. [from Sax. heier, heir, and leoma, a limb, or member; L. Lat. hæreditarium, principalium.] In English law. A personal chattel which goes by special custom to the heir, along with the inheritance, and not to the executor or administrator of the last proprietor. Literally, a limb or member of the inheri tance. 1 Williams on Exec. 606. The old authorities generally confine the application of this term to articles of household furniture, or "dead chattels moveable." Bro. Abr. Discent, pl. 43. Termes de la ley. But Lord Coke mentions fish in a pond, deer in a park, and doves in a dovehouse, as chattels which go with the inheritance. Co. Litt. 8 a. Spelman defines an heir-loom to be "any utensil of the stronger or more ponderous kind, which is not easily separated from a house, and therefore, by the custom of some places, passes to the heir as a member of the inHeirs are dis-heritance; (omne utensile robustius quod ab ædibus non facile revellitur, ideoque ex more quorundam locorum ad hæredem transit tanquam membrum hæreditatis.) And Blackstone observes that heir-looms are generally such things as cannot be taken away without damaging or dismembering the freehold. 2 Bl. Com. 427. But in modern law, they are clearly distinguished from fixtures. 1 Williams on Exec. 607. 2 Kent's Com. 343. Charters or deeds relating to the inheritance, are in the nature of heir-looms, and follow the land to which they relate. 1 Williams' Ex. 609. HEIR. In Scotch law. The person who succeeds to the heritage, or heritable rights of one deceased. 1 Forbes' Inst. part 3, The word has a more ex75. p. tended signification than in English law, comprehending not only those who succeed to lands, but successors to personal property also. Wharton's Lex. tinguished into various kinds, as Heir institute. One to whom the right of succession is ascertained by disposition, or express deed of the deceased. 1 Forbes' Inst. ub. sup. Heir at law. One to whom the law gives the inheritance, on account of his proximity of blood. Id. 76. Heir of tailzie, in general. He on whom an estate is settled that would not have fallen to him by legal succession. Id. 75. Heir male. An heir institute, who, though not next in blood to the deceased, is his nearest male relation that can succeed to him. Id. 76. In the United States, heir-looms, as such, are for the most part unknown. 1 Hil. liard's Real Prop. 50. Heir of provision. One who succeeds as heir, by virtue of a particular provision in a deed or instrument. Wharton's Lex. HEIRS. A word used in deeds of conHeir substitute, in a bond. He to whom veyance, (either solely, or in connexion with a bond is payable expressly in case of the others,) where it is intended to pass a fee; creditor's decease, or after his death. 1 as, "to, and his heirs ;" or, "to — Forbes' Inst. part 3, p. 76. his heirs and assigns;" or, "to Heir of line. One who succeeds lineally heirs and assigns forever." his At common Spelman, voc. Justitia. HENGHEN. [Sax. hengcen, hengenne.] In old English law. A prison, a place of confinement, (carcer ;) a house of correction, (ergastulum.) Ponatur in hengen, et ibi sustineat. LL. Hen. I. c. 65. Thonne gebuga he hengen & there abid. LL. Canut. c. 32. He shall be put into prison, and there abide, &c. Spelman. Henry HENRICUS VETUS. L. Lat. the old, or elder. King Henry I. is so called in ancient English chronicles and charters, to distinguish him from the subsequent kings of that name. Spelman. law, this is a necessary word of conveyance | Hist. 199. Bridgeman's Leg. Bibliog. where the estate is to be created by deed. The limitation to the heirs must be made in direct terms, or by immediate reference, and no substituted words of perpetuity, except in special cases, will be allowed to supply their place, or make an estate of inheritance in feoffments and grants. Litt. sect. 1. 4 Kent's Com. 5. 2 Bl. Com. 107. 1 Steph. Com. 223. 2 Crabb's Real Prop. 12, § 955. Thus, if a man purchases lands to himself forever," or "to him and to his assigns forever," he takes but an estate for life. Though the intent of the parties be ever so clearly expressed in the deed, a fee cannot pass without the word heirs. Holt, C. J., 6 Mod. R. 109. Even the word heir, in the singular, according to Lord Coke, is insufficient. Co. Litt. 8 b. 4 Kent's Com. 5, note. 1 Hilliard's Real Prop. 605, 606. The special cases which form exceptions to this rule are enumerated by Blackstone. 2 Bl. Com. 107, 108. And see 4 Kent's Com. 6, 7. In wills, a fee will pass without the word heirs, if the intention to pass a fee can be clearly ascertained from the will, or a fee be necessary to sustain the charge or trust created by the will. Id. ibid. 2 Crabb's Real Prop. 14, § 958. In some of the United States, (as Virginia, Kentucky, Mississippi, Missouri, Alabama, and New-York,) the word heirs, or other words of inheritance, are no longer requisite to create or convey an estate in fee, either in grants or devises of lands. In other states, (as New-Jersey, North Carolina, and Tennessee,) the provision is confined to wills. See 4 Kent's Com. 7, 8, and notes. 1 Hilliard's Real Prop. 609. "HEIRS," in a will, is sometimes construed to mean "children." 2 Jarman on Wills, 23, (16, Perkins' ed.) 2 Story's Eq. Jur. § 1065 b. HENGHAM. The reputed author of a Latin treatise in two parts, entitled Summa Magna and Summa Parva, (great and small sum, or summary,) which Mr. Reeves calls a collection of notes relating to proceedings in actions. It is said to have been translated into English in the time of Edward II. or Edward III., and was published by Mr. Selden with some original notes of his own. Ralph de Hengham, the author, was Chief Justice of the King's Bench in the reign of Edward I., but was, for misconduct, degraded from his office, with many other justices of the period, and heavily fined. 2 Reeves' Hist. 281. Crabb's HEPTARCHY. [from Gr. &лíà, seven, and úgy, government.] The name usually given to the seven kingdoms of Kent, Sus. sex, Essex, Wessex, East Anglia, Mercia, and Northumberland, established by the Saxons on their settlement in Britain. 4 Bl. Com. 410. According to some, eight kingdoms were established, to which the name of octarchy has been given. 1 Spence's Chancery, 4, c. 1. HERALD. [L. Lat. heraldus, heroldus; L. Fr. herhault, heraud, heroud, haraz, of uncertain etymology.] An officer at arms in England, whose duties, in modern times, principally relate to the superintendence and management of public pageants and solemnities, as coronations, royal marriages, funerals, &c., and the preservation of genealogies and coat armour. See Heralds' College. HERALDS' COLLEGE, (or COLLEGE OF ARMS.) An ancient royal corporation in England, instituted in the first year of the reign of Richard III. A. D. 1483; consisting of three kings of arms, six heralds and four pursuivants, together with the earl marshal of England and a secretary. The records of this college contain abundant sources of genealogical evidence. See these enumerated in Hubback's Evidence of Succession, 538-566. HERBAGE. L. Fr. & Eng. [L. Lat. herbagium.] The produce or vesture of land which is fed upon by cattle, (vestura terræ quæ dentibus animalium decerpitur.) Spelman, voc. Herbagium. The right or liberty of feeding cattle in another's ground, as in forests. Id. 1 Chitt. Gen. Pr. 181. Blount. |