Legal Law Terms


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	HABEAS CORPORA , English practice. A writ issued out of the C. P. commending the sheriff to compel the appearance of a jury i
	HABEAS CORPUS , remedies A writ of habeas corpus is an order in writing, signed by the judge who grants the same, and sealed
	HABENDUM , conveyancing. This is a Latin word, which signifies to have. 2. In conveyancing, it is that part of a deed w
	HABERDASHER . A dealer in miscellaneous goods and merchandise.
	HABERE . To have. This word is used in composition.
	HABERE FACIAS POSSESSIONEM , Practice, remedies. The name of a writ of execution in the action of ejectment. 2. The sheriff, is commanded
	HABERE FACIAS SEISINAM , practice, remedies. The name of a writ of execution, used in most real actions, by which the sheriff is dire
	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,
	HABIT . A disposition or condition of the body or mind acquired by custom or a frequent repetition of the same act.
	HABITATION , civil law. It was the right of a person to live in the house of another without prejudice to the property. 2
	HABITATION , estates. A dwelling-house, a home-stall. 2 Bl. Com. 4;4 Bl. Com. 220. Vide House.
	HABITUAL DRUNKARD . A person given to ebriety or the excessive use of intoxicating drink, who has lost the power or the will, by
	HABITUALLY . Customarily, by habit. or frequent use or practice, or so frequently, as to show a design of repeating the s
	HAD BOTE , Engl. law. A recompense or amends made for violence offered to a person in holy olders.
	HAEREDES PROXIMI . The children or descendants of the deceased. Dalr. Feud. Pr. 110; Spellm. Remains.
	HAEREDES REMOTIORES . The kinsmen other than children or descendants; Dalr. Feud. Pr. 110; Spellm. Remains.
	HAEREDITAS . An inheritance, or an estate which descends to one by succession. At common law an inheritance never ascends
	HAEREDITAS JACENS . This is said of an inheritance which is not taken by the heirs, but remains in abeyance.
	HAERES civil law. An heir, one who succeeds to the whole inheritance. 2. These are of various kinds. 1. Haeres natus,
	HALF . One equal part of a thing divided into two parts, either in fact or in contemplation. A moiety. This word is
	HALF CENT , money. A copper coin of the United States, of the value of one two-hundredth part of a dollar, or five mills
	HALF DEFENCE , pleading. It is the peculiar form of a defence, which is as follows, "venit et defendit vim et injuriam, et
	HALF DIME , money. A silver coin of the United States, of the value of one- twentieth part of a dollar, or five cents. I
	HALF DOLLAR , money. A silver coin of the United States of the value of fifty cents. It weighs two hundred and six and one
	HALF EAGLE , money. A gold coin of the United States, of the value of five dollars. It weighs one hundred and twenty-nine
	HALF PROOF , semiplena probatio, civil law. Full proof is that which is sufficient to end the controversy, while half pro
	HALF SEAL . A seal used in the English chancery for the sealing of commissions to delegates appointed upon any appeal, e
	HALF YEAR , In the computation of time, a half year consists of one hundred and eighty-two days. Co. Litt. 135 b; Rev. S
	HALF-BLOOD , parentage, kindred. When persons have only one parent in common, they are of the half-blood. For example, if
	HALF-BROTHER AND HALF-SISTER . Persons who have the same father but different mothers; or the same mother but different fathers.
	HALL . A public building used either for the meetings of corporations, courts, or employed to some public uses; as
	HALLUCINATION , med. jur. It is a species of mania, by which "an idea reproduced by the memory is associated and embodied by
	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 dwell
	HAMLET , Eng. law. A small village; a part or member of a vill.
	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 . That part of the human body at the end of the arm. 2. Formerly the hand was considered as the symbol of good
	HANDBILL . A printed or written notice put up on walls, &c., in order to inform those concerned of something to be done
	HANDSALE , contracts. Anciently, among all the northern nations, shaking of hands was held necessary to bind a bargain;
	HANDWRITING , evidence. Almost every person's handwriting has something whereby it may be distinguished from the writing o
	HANGING , punishment. Death by the halter, or the suspending of a criminal, condemned to suffer death, by the neck, un
	HANGMAN . The name usually given to a man employed by the sheriff to put a man to death, according to law, in pursuanc
	HAP . An old word which signifies to catch; as, "to hap the rent," to hap the deed poll." Techn. Dict. h. t.
	HARBOR . A place where ships may ride with safety; any navigable water protected by the surrounding country; a haven.
	HARD LABOR , punishment. In those states where the penitentiary system has been adopted, convicts who are to be imprisone
	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
	HAVEN . A place calculated for the reception of ships, and so situated, in regard to the surrounding land, that the
	HAWKERS . Persons going from place to place with goods and merchandise for sale. To prevent impositions they are gener
	HAZARDOUS CONTRACT , civil law. When the performance of that which is one of its objects, depends on an uncertain event, the cont
	HEAD BOROUGH , English law. Formerly he was a chief officer of a borough, but now he is an officer subordinate to constable
	HEALTH . Freedom from pain or sickness; the most perfect state of animal life. It may be defined, the natural agreeme
	HEALTH OFFICER . The name of an officer invested with power to enforce the health laws. The powers and duties of health offic
	HEARING , chwncery practice. The term, hearing is given to the trial of a chancery suit. 2. The hearing is conducted a
	HEARING , crim. law. The examination of a prisoner charged with a crime or misdemeanor, and of the witnesses for the a
	HEARSAY EVIDENCE . The evidence of those who relate, not what they know themselves, but what they have heard from others. 2. As
	HEDGE-BOTE . Wood used for repairing hedges or fences. 2 Bl. Com. 35; 16 John. 15.
	HEIFER . A young cow, which has not had a calf. A beast of this kind two years and a half old, was held to be imprope
	HEIR . One born in lawful matrimony, who succeeds by descent, and right of blood, to lands, tenements or hereditame
	HEIR AT LAW . He who, after his ancestor's death intestate, has a right to all lands, tenements, and hereditaments, which
	HEIR LOOM , estates. This word seems to be compounded of heir and loom, that is, a frame, viz. to weave in. Some derive
	HEIR PRESUMPTIVE . A presumptive heir is one who, in the present circumstances, would be entitled to the inheritance, but whose
	HEIR, BENEFICIARY . A term used in the civil law. Beneficiary heirs are those who have accepted the succession under the benefit
	HEIR, COLLATERAL . A collateral heir is one who is not of the direct line of the deceased, but comes from a collateral line; as
	HEIR, CONVENTIONAL , civil law. A conventional heir is one who takes a succession by virtue of a contract; for example, a marriag
	HEIR, FORCED . Forced heirs are those who cannot be disinherited. This term is used among the civilians. Vide Forced heirs
	HEIR, GENERAL . Heir at common in the English law. The heir at common law is he who, after his father or ancestor's death ha
	HEIR, IRREGULAR . In Louisiana, irregular heirs are those who are neither testamentary nor legal, and who have been establishe
	HEIR, LEGAL, civil law. A legal heir is one who is of the sa
	HEIR, TESTAMENTARY , civil law. A testamentary heir is one who is constituted heir by testament executed in the form prescribed b
	HEIR, UNCONDITIONAL . A term used in the civil law, adopted by the Civil Code of Louisiana. Unconditional heirs are those who inhe
	HEIR. APPARENT . One who has an indefeasible right to the inheritance, provided he outlive the ancestor. 2 Bl. Com. 208.
	HEIRESS . A female heir to a person having an estate of inheritance. When there is more than one, they are called co-h
	HERALDRY , civil and canon law. The art or office of a herald. It is the art, practice, or science of recording genealo
	HERBAGE , English Law, A species of easement, which consists in the right to feed one's cattle on another man's ground
	HEREDITAMENTS , estates. Anything capable of being inherited, be it corporeal or incorporeal, real, personal, or mixed and i
	HEREDITARY . That which is inherited.
	HERESY , Eng. law. The adoption of any erroneous religious tenet, not warranted by the established church. 2. This is
	HERIOTS , Eng. law. A render of the best beast or other goods, as the custom may be, to the lord, on the death of the
	HERISCHILD . A species of English military service, or knight's fee.
	HERITAGE . By this word is understood, among the civilians, every species of immovable which can be the subject of prop
	HERMAPHRODITES . Persons who have in the sexual organs the appearance of both sexes. They are adjudged to belong to that whic
	HIDE , measures. In England, a hide of land, according to some ancient-manuscripts, contained one hundred and twent
	HIERARCHY , eccl. law. A hierarchy signified, originally, power of the priest; for in the beginning of societies, the pr
	HIGH . This word has various signifcations: 1. Principal or chief, as high constable, high sheriff. 2. Prominent, i
	HIGH CONSTABLE . An officer appointed in some cities bears this name. His powers are generally Iimited to matters of police,
	HIGH COURT OF DELEGATES , English law. The name of a court esthlished by stat. 25 Hen. VIII. c. 19, s. 4. No permanent judges are appo
	HIGH SEAS . This term, which is frequently used in the laws of the United States signifies the unenclosed waters of the
	HIGH TREASON , English law. Treason against the king, in contradistinction with petit treason, which is the treason of a se
	HIGH WATER MARK . That part of the shore of the sea to which the waves ordinarily reach when he tide is at its highest. 6 Mass
	HIGHEST BIDDER , contracts. He who, at an auction, offers the greatest price for the property sold. 2. The highest bidder is
	HIGHWAY . A passage or road through the country, or some parts of it, for the use of the people. 1 Bouv. Inst. n. 442.
	HIGHWAYMAN . A robber on the highway.
	HIGLER , Eng. law. A person who carries from door to door, and sells by retail, small articles of provisions, and the
	HILARY TERM , Eng. law. One of the four terms of the courts, beginning the11th and ending the 31st day of January in each
	HIRE , contracts. A bailment, where a compensation is to be given for the use of a thing, or for labor or services
	HIRER , contracts. Called, in the civil law, conductor, and, in the French law conducteur, procureur, locataire, is
	HIS EXCELLENCY . A title given by the constitution of Massaebusetts to the governor of that commonwealth. Const. part 2, c. 2
	HIS HONOR . A title given by the constitution of Massachusetts to the lieu- tenant governor of that commonwealth. Const.
	HISTORY , evidence. The recital of facts written and given out for true. 2. Facts stated in histories may be read in e
	HODGE-PODGE ACT . A name given to a legislative act which embraces many subjects. Such acts, besides being evident proofs of t
	HOERES FACTUS , civil law. An heir instituted by testament; one made an heir by the testator. Vide Heir.
	HOERES NATUS , civil law. An heir by intestacy; he on whom an estate descends by operation of law. Vide Heir.
	HOGSHEAD . A measure of wine, oil, and the like, containing half a pipe; the fourth part of a tun, or sixty-three gallo
	HOLDER . The holder of a bill of exchange is the person who is legally in the possession of it, either by endorsement
	HOLDING OVER . The act of keeping possession by the tenant, without the consent of the landlord of premises which the latte
	HOLOGRAPH . What is written by one's own hand. The same as Olograph. Vide Olograph.
	HOMAGE , Eng. law. An acknowledgment made by the vassal in the presence of his lord, that he is his man, that is, his
	HOME PORT . The port where the owner of a ship resides; this is a relative term.
	HOMESTALL . The mansion-house.
	HOMESTEAD . The place of the house or home place. Homestead farm does not necessarily include all the parcels of land ow
	HOMICIDE , crim. law. According to Blackstone, it is the killing of any human creature. 4 Com. 177. This is the most ex
	HOMINE CAPTO IN WITHERNAM , Engl. law.. The name of a writ directed to the sheriff, and commanding him to take one who has taken any bon
	HOMINE ELIGENDO , English law. The name of a writ directed to a corporation, requiring the members to make choice of a new man
	HOMINE REPLEGIANDO . When a man is unlawfully in custody, he may be restored to his liberty by writ de hominereplegiando, upon gi
	HOMO . This Latin word, in its most enlarged sense, includes both man and woman. 2 Inst. 45. Vide Man.
	HOMOLOGATION , civil law. Approbation, confirmation by a court of justice, a judgment which orders the execution of some ac
	HONESTY . That principle which requires us to give every one his due. Nul ne doit slenrichir aux de ens du droit d'aut
	HONOR , Eng. law. The seigniory of a lord paramount. 2 Bl. Com. 9f.
	HONOR . High estimation. A testimony of high estimation. Dignity. Reputation. Dignified respect of character springi
	HONORARIUM . A recompense for services rendered. It is usually applied only to the recompense given to persons whose busi
	HORS DE SON FEE , pleading in the ancient English law. These words signify out of his fee. A plea which was pleaded, when a pe
	HORSE . Until a horse has attained the age of four years, he is called a colt. (q. v.) Russ. & Ry. 416. This word is
	HOSTAGE . A person delivered into the possession of a public enemy in the time of war, as a security for the performan
	HOSTELLAGIUM , Engl. law. A right reserved to the lords to be lodged and entertained in the houses of their tenants.
	HOSTILITY . A state of open enmity; open war. Wolff, Dr. de la Rat. ?1191. Hostility, as it regards individuals, may be
	HOTCHPOT , estates. This homely term is used figuratively to signify the blending and mixing property belonging to diff
	HOUR measure of time. The space of sixty minutes, or the twenty-fourth part of a natural day. Vide Date; Fraction;
	HOUSE , estates. A place for the habitation and dwelling of man. This word has several significations, as it is appl
	HOUSE OF COMMONS , Eng. law. The representatives of the people, in contradistinction to the nobles, taken collectively are call
	HOUSE OF CORRECTIONS . A prison where offenders of a particular class are confined. The term is more common in England than in the
	HOUSE OF LORDS . Eng. law. The English lords, temporal and spiritual, when taken collectively and forming a branch of the par
	HOUSE OF REFUGE , punishment. The name given to a prison for juvenile delinquents. These houses are regulated in the United St
	HOUSE OF REPRESENTATIVES , government. The popular branch of the legislature. 2. The Constitution of the United States, art. 1, s. 2, 1
	HOUSE-BOTE . An allowance of necessary timber out of the landlord's woods, for the repairing and support of a house or te
	HOUSEKEEPER . One who occupies a house. 2. A person who occupies every room in the house, under a lease, except one, which
	HOVEL . A place used by hushandmen to set their ploughs, carts, and other farming utensils, out of the rain and sun.
	HOYMAN . The master or captain of a hoy. 2. Hoymen are liable as common carriers. Story, Bailm. ?496.
	HUE AND CRY , Eng. law. A mode of pursuing felons, or such as have dangerously wounded any person, or assaulted any one wi
	HUEBRA , Spanish law. An acre of land or as much as can be ploughed in a day by two oxen. Sp. Dict.; 2 White's Coll.
	HUISSIER . An usher of a court. In France, an officer of this name performs many of the duties which in this country de
	HUNDRED , Eng. law. A district of country originally comprehending one hundred families. In many cases, when an offenc
	HUNDRED GEMOTE . The name of a court among the Saxons. It was holden every month, for the benefit of the inhabitants of the h
	HUNDREDORS . In England they are inhabitants of a local division of a county, who, by several statutes, are held to be li
	HUNGER . The desire for taking food. Hunger is no excuse for larceny. 1 Hale, P. C. 54; 4 Bl. Com. 31. But it is a ma
	HUNTING . The act of pursuing and taking wild animals; the chase. 2. The chase gives a kind of title by occupancy, by
	HURDLE , Eng. law. A species of sledge, used to draw traitors to execution.
	HUshAND , domestic relations. A man who has a wife. 2. The hushand, as such, is liable to certain obligations, and ent
	HUshAND , mar. law. The name of an agent who is authorized to make the necessary repairs to a ship, and to act in rela
	HUshRECE , old Eng. law. The, ancient name of the offence now called burglary.
	HUSTINGS , Engl. law. The name of a court held before the lord mayor and aldermen of London; it is the principal and su
	HYDROMETER . An instrument for measuring the density of fluids; being immersed in fluids, as in water, brine, beer, brand
	HYPOBOLUM , civ. law. The name of the bequest or legacy given by the hushand to his wife, at his death, above her dowry.
	HYPOTHECATION , civil law. This term is used principally in the civil law; it is defined to be a right which a creditor has
	HYPOTHEQUE , French law. Properly, the right acquired by the creditor over the immovable property which has been assigned

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