Your Free Online Legal Dictionary • Featuring Black’s Law Dictionary, 2nd Ed.

Category: H

HABEAS CORPUS

Lat. (You have the body.) The name given to a variety of writs,(of which these were anciently the emphatic words,) having for their object to bring aparty before a court or judge.

HABITUAL CRIMINAL

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

HIREDIPETA

Lat. Iu old English law. A seeker of an inheritance; lience, the nextheir to lands.Haeredipetse suo propinquo vel e:itra- neo periculoso sane custodi nullus committatur.To the next heir, whether a relation or

HALIFAX LAW

A synonym for lynch law, or the summary (and unauthorized) trial ofa person accused of crime and the infliction of death upon him; from the name of theparish of Halifax, in England,

HAMSOCNE

In Saxon law. The right of security and privacy in a man’s house. DuCange. The breach of this privilege by a forcible entry of a house is breach of thepeace. Du Cange.

HAP

To catch. Thus, “hap the rent,” “hap the deed-poll,” were formerly used.

HAT MONEY

In maritime law. Primage; a small duty paid to the captain and mariners of a ship.

HAZARD

1. In old English law. Anunlawful game at dice, those who play at it being called “hazardors.” Jacob.2. In modern law. Any game of chance or wagering. Cheek v. Com., 100 Ky.

HEAT OF PASSION

In criminal law. A state of violent and uncontrollable rage engendered by a blow or certain other provocation given, which will reduce a homicidefrom the grade of murder to that of manslaughter.

HEIR

At common law. A person who succeeds, by the rules of law, to an estate in lands, tenements, or hereditaments, upon the death of his ancestor, by descent and right of relationship.

HENRICUS VETUS

Henry the Old, or Elder. King Henry I. is so called in ancientEnglish chronicles and charters, to distinguish him from the subsequent kiugs of thatname. Spelman.

HERCISCUNDA

In the civil law. To be divided. Familia hcrclscunda, an inheritance tobe divided. Actio familia; hcrcis- cundw, an action for dividing an inheritance.Erciscunda is more commonly used in the civil law. Dig.

HERITABLE

Capable of being taken by descent. A term chiefly used in Scotch law, where it enters into several phrases.

HIGLER

In English law. A hawker or peddler. A person who carries from door todoor, and sells by retail, small articles of provisions, and the like.

HIS

The use of this pronoun in a written instrument, in referring to a person whoseChristian name is designated therein by a mere initial, is not conclusive that the personreferred to is a

HOLOGRAFO

In Spanish law. A holograph. An instrument (particularly a will) whollyin the handwriting of the person executing it; or which, to be valid, must be so writtenby his own hand.

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