Legal Articles

HOSPES

Lat A guest. 8 Coke, 32.

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HOSTLER

In Norman and old English law, this was the title of the officer in amonastery charged with the entertainment of guests. It was also applied (until aboutthe time of Queen Elizabeth) to an innkeeper, and afterwards, when the keeping ofhorses at livery became a distinct occupation, to the keeper of a livery stable, and then(under the modern form “ostler”) to the groom in charge of the stables of an inn.Cromwell v. Stephens, 2 Daly (N. Y.) 20. In tlie language of railroading, an “ostler” or”hostler” at a roundhouse is one whose duty it is to receive locomotives as they come infrom tlie road, care for them in the roundhouse, and have them cleaned and ready fordeparture when wanted. Railroad Co. v. Mas- sig, 50 111. App. 000; Railroad Co. v.Ashling, 34 111. App. 105; Grannis v. Railroad Co., 81 Iowa, 444, 40 N. W. 1007.

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HUCKSTER

A petty dealer and retailer of small articles of provisions, particularlyfarm and garden produce. Mays v. Cincinnati, 1 Ohio St 272; Lebanon County v. Kline,2 Pa. Co. Ct. R. 622.

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HURDLE

In English criminal law. A kind of sledge, on which convicted felons weredrawn to the place of execution.

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HWATA, HWATUNG

In old English law. Augury; divination.

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HYPOTHECATION

A term borrowed from the civil law. In so far as it is naturalized in English and American law, it means a contract of mortgage or pledge in which the subject-matter is not delivered into the possession of the pledgee or pawnee; or, conversely, a conventional right existing in one person over specific property of another,which consists in the power to cause a sale of the same, though it be not in his possession, in order that a specific claim of the creditor may be satisfied out of the proceeds. The term is frequently used in our textbooks and reports, particularly upon the law of bottomry and maritime liens; thus a vessel is said to be hypothecated for the demand of one who has advanced money for supplies.In the common law, there are but few, if any, cases of hypothecation, in the strict sense of the civil law ; that is. a pledge without possession by the pledgee. The nearest approaches, perhaps, are cases of bottomry bonds and claims of materialmen, and of seamen for wages; but these are liens and privileges, rather than hypothecations.Story, Bailm.

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HABENTES HOMINES

In old English law. Rich men; literally, having men. The samewith fcesting-men, (q. v.) Cowell.

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HABLE

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

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HAERES

In Roman law. The heir, or universal successor in the event of death. Theheir is he who actively or passively succeeds to tlie entire property of the estate- leaver.lie is not only the successor to the rights and claims, but also to the estate-leaver’sdebts, and in relation to his estate is to be regarded as the identical person of theestate-leaver, inasmuch as he represents him in all his active and passive relations tohis estate. Mackeld. Rom. Law,

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HALLAGE

In old English law. A fee or toll due for goods or merchandise vended In a hall. Jacob.A toll due to the lord of a fair or market for such commodities as were vended in the common hall of the place. Cowell; Blount

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HAND DOWN

An appellate court is said to “hand down” its decision in a case, whenthe opinion is prepared and filed for transmission to the court below.

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HAPPINESS

The constitutional right of men to pursue their “happiness” means theright to pursue any lawful business or vocation, in any manner not inconsistent with theequal rights of others, which may increase their prosperity, or develop their faculties, soas to give to them their highest enjoyment. Butchers’ Union Co. v. Crescent City Co.. IllU. S. 757, 4 Sup. Ct. 652. 28 L. Ed. 585; 1 Bl. Comm. 41. And see English v. English, 32N. J. Eq. 750.

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HAUBER

O. Fr. A high lord; a great baron. Spelman.

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HAZARDOUS

Exposed to or involving danger; perilous; risky.The terms “hazardous,” “extra-hazardous,” “specially hazardous,” and “not hazardous”are well-understood technical terms In the business of insurance, havingdistinct and separate meanings. Although what goods are included in each designationmay not be so known as to dispense with actual proof, the terms themselves aredistinct and known to be so. Russell v. Insurance Co., 50 Minn. 409. 52 N. W. 906;Pindar v. Insurance Co.. 3S N. T. 365.

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HEARTH SILVER

In English law. A species of modus or composition for tithes. Anstr.323. 320.

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HEIFER

A young cow which has not had a calf. 2 East, P. C. 616. And see State v.McMinn, 34 Ark. 162; Mundell v. Hammond, 40 Vt. 645.

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HENGHEN

In Saxon law. A prison, a gaol, or house of correction.

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HERCIARE

To harrow. 4 Inst. 270.

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HEREGELD

Sax. In old English law. A tribute or tax levied for the maintenance of an army. Spelman.

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HERISCINDIUM

A division of household goods. Blount

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