Archive | H RSS feed for this section

Settled dwelling in a given place; fixed and permanent residence there.This term is more comprehensive than “domicile,” for one may be domiciled In a givenplace though he does not spend the greater portion of his time there, or though he maybe absent for long periods. It is also more comprehensive than “residence,” for onemay reside in a given place only temporarily or for short periods on the occasion ofrepeated visits. But in neither case could he properly be called an “inhabitant” of thatplace or be said to have his “habitancy” there. See Atkinson v. Washington & JeffersonCollege. 54 W. Va. 32, 46 S. E. 253; Hairston v. Hairston, 27 Miss. 711, 61 Am. Dec.530; Abington v. North Bridgewater. 23 Pick. (Mass.) 170. And see DOMICILE; RESIDENCE.It is difficult to give an exact definition of “habitancy.” In general terms, one may bedesignated as an “inhabitant” of that place which constitutes the principal seat of hisresidence, of his business, pursuits, connections, attachments, and of his political andmunicipal relations. The term, therefore, embraces the fact of residence at a place,together with the intent to regard it and make it a home. The act and intent mustconcur. Lyman v. Fiske, 17 Pick. (Mass.) 231, 28 Am. Dec. 293.

Fr. In French and Canadian law. A resident tenant; a settler; a tenantwho kept hearth and home ou the seigniory.

Lat. In the civil law. The right of dwelling; the right of free residence inanother’s house. Inst. 2, 5; Dig. 7, 8.

In the civil law. Theright of a person to live in the house of another without prejudice to the property. Itdiffered from a usufruct, in this: that the usufructuary might apply the house to anypurpose, as of a store or manufactory; whereas the party having the right of habitationcould only use it for the residence of himself and family. 1 Browne, Civil Law, 184.In estates. A dwelling-house; a home- stall. 2 Bl. Comm. 4; 4 Bl. Comm. 220;Ilolmes v. Oregon & C. R. Co. (D. C.) 5 Fed. 527; Nowliu v. Scott, 10 Grat. (Va.) 65;Harvard College v. Gore, 5 Pick. (Mass.) 372.

a word that means a thing is usual and customary and is repeated. It also applies to bah habits such as drunkenness.

By statute in several states, one who is convicted of a felony,having been previously convicted of any crime (or twice so convicted), or who isconvicted of a misdemeanor aud has previously (in New York) been five times convictedof a misdemeanor. Crim. Code N. Y. 1903,

a law that will impose a more severe punishment for a crime committed several times by the same person.

This applies to the reporting of physicians to the appropriate authorities about drug users and addicts.

A person given to ebriety or the excessive use of intoxicatingdrink, who has lost the i>ower or the will, by frequent indulgence, to controlhis appetite for it Ludwick v. Com., 18 Pa. 174; Gourlay v. Gourlay, 16 It. I. 705, .19Atl. 142; Miskey’s Appeal, 107 Pa. 020; Richards v. Richards, 19 111. App. 407; Mc- Beev. McP.ee, 22 Or. 329, 29 Pac. 887, 29 Am. St. Rep. 013.One who has the habit of indulging in intoxicating liquors so firmly fixed that hebecomes intoxicated as often as the temptation is presented by his being in the vicinitywhere liquors are sold is an “habitual drunkard,” within the. meaning of the divorcq law.Magahay v. Magahay, 35 Mich. 210.In England, it is defined bv the habitual drunkards’ act, 1879. (42 & 43 Vict. c. 19.)which authorizes confinement in a retreat, upon the party’s own application, as “aperson who, not being amenable to any jurisdiction in lunacy, is, notwithstanding, byreason of habitual intemperate drinking of intoxicating liquor, at times dangerous tohimself, or herself, or others. or incapable of managing himself or herself, or his or heraffairs.”

This term applies to repeated intoxication that is due to drinking alcoholic drinks to excess.

L. Fr. In old English law. A port or harbor; a station for ships. St. 27 Hen. VI. c. 3.

In Spanish law. The public domain; the royal estate; the aggregatewealth of the state. The science of administering the national wealth; public economy.Also au estate or farm belonging to a private person.

Carriages plying for hire iu the street. The driver is liable fornegligently losing baggage. Mas- terson v. Short, 33 How. Prac. (N. Y.) 4S0.

In Saxon law. A recompense or satisfaction for the violation of holyorders, or violence offered to persons in holy orders. Cowell; Blount

In Hindu law. A boundary or limit. A statutory punishment defined by law,and not arbitrary. Mozley & Whitley

In old English law. Hatred; ill will; prejudice, or partiality. Spelman; Cowell.