Lat. In old English law. A seeker of an inheritance; hence, the next heir to lands. Haerdipite suo propinquo vel antraneo perionloso sane custodi nnUns eon mittatur. To the next heir, whether a relation or a stranger, certainly a dangerous guardian, let no one be committed. Co. Litt 88b. … [Read more...]
HABIT
A disposition or condition of the body or mind acquired by custom or a usual repetition of the same act or function. Habit and repute. By the law of Scotland, marriage may be established by "habit and repute" where the parties cohabit and are at the same time held and reputed as man and wife. See Bell. The same rule obtains in some of the United States. … [Read more...]
HACKNEY CARRIAGES
Carriages plying for hire in the street. The driver is liable for negligently losing baggage. … [Read more...]
HAEREDITAS
In Roman law. The hareditas was a universal succession by law to any deceased person, whether such person had died testate or intestate, and whether in trust (ex ftdeicommisso) for another or not The like succession according to Praetorlan law was honorum possessio. The hareditos was called "jaceaa," until the hares took it up, i.e., made his aditio hareditatis; and such hares, … [Read more...]
HABEAS CORPORA JURATORUM
A writ commanding the sheriff to bring up the persons of jurors, and, if need were, to distrain them of their lands and goods, in order to insure or compel their attendance in court on the day of trial of a cause. It issued from the Common Pleas, and served the same purpose as a distringas juratores in the King's Bench. It was abolished by the C. L. p. Act, 1852, … [Read more...]