Archive | H RSS feed for this section
In medical jurisprudence. (1) The morbid deposition of a sediment of any kind in the body. (2) A congestion or flushing of the blood vessels, as in varicose veins. Post-mortem hypostasis, a peculiar lividity of the cadaver.
In Scotland, the terra “hypothec” is used to signify the landlord’s rightwhich, independently of any stipulation, he has over the crop and stocking of histenant. It gives a security to the landlord over the crop of each year for the rent ofthat year, and over the cattle and stocking on the farm for the current year’s rent,which last continues for three months after the last conventional term for the paymentof the rent Bell.
Lat. In the civil law. Hypothecary creditors; thosewho loaned money on the security of an hgpotlieca, (q. v.) Calvin.
“Ilypotheca” was a term of the Itoman law, and denoted a pledge ormortgage. As distinguished from the term “pignus,” in the same law, it denoted a mortgage,whether of lands or of goods, in which the subject iu pledge remained in the possessionof the mortgagor or debtor; whereas in the pignus the mortgagee or creditorwas in the possession. Such an hypotheca might be either express or implied; express,where the parties upon the occasion of a loan entered into express agreement to thateffect; or implied, as, e. g., in tlie case of the stock and utensils of a farmer, which weresubject to the landlord’s right as a creditor for rent; whence the Scotch law of hypothec.The word has suggested the term “hypothecate,” as used in the mercantile andmaritime law of England. Thus, under the factor’s act, goods are frequently said to be”hypothecated;” and a captain is said to have a right to hypothecate his vessel fornecessary repairs. Brown. See Mackeld. Horn. Law,
Lat. In the civil law. An hypothecary action; an action for the enforcement of an hypotheca, or lightof mortgage; or to obtain the surrender of the thing mortgaged. Inst. 4, 6, 7; Mackeld.Bom. Law,
The name of an action allowed under the civil law for theenforcement of the claims of a creditor by the contract of hypotheca. Lovell v. Cragin,336 U. S. 130, 10 Sup. Ct 1021, 34 L. Ed. 372.
To pledge a thing without delivering the possession of it to thepledgee. “The master, when abroad, and in the absence of the owner, mayhypothecate the ship, freight, and cargo, to raise money requisite for the completion ofthe voyage.” 3 Kent, Comm. 171. See Spect v. Spect, 88 Cal. 437, 20 Pac. 203, 13 L. It.A. 137, 22 Am. St. Itep. 314; Ogden v. Lathrop, 31 N. Y. Super. Ct. 051.
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.
A bond given in the contract of bottomry or respondentia
In French law. Hypothecation ; a mortgage on real property; theright vested in a creditor by the assignment to him of real estate as security for thepayment of his debt, whether or not it be accompanied by possession. See Civ. CodeLa. art 3360.It corresponds to the mortgage of real property in English law, and is a real charge,following the property into whosesoever hands it comes. It may be legale, as in thecase of the charge which the state has over the lands of its accountants, or which amarried woman has over those of her husband; judiciaire, when it is the result of ajudgment of a court of justice ; and conventionale, when it is the result of anagreement of the parties. Brown.
A supposition, assumption, or theory; a theory set up by the prosecution,on a criminal trial, or by the defense, as an explanation of the facts in evidence,and a ground for inferring guilt or innocence, as the case may be, or asindicating a probable or possible motive for the crime.
A combination of assumed or proved facts and circumstances,stated in such form as to constitute a coherent and specific situation or state of facts, upon which the opinion of an expert is asked, by way of evidence on a trial. Howard v. People, 185 111. 552, 57 N. E. 441; People v. Durrant, 116 Cal. 216, 48 Pac. 85; Cowley v. People, 83 N. Y. 464, 38 Am. Rep. 464; Stearns v. Field, 90 N. Y.
These are some of the questions asked of witnesses in trials that are based on assumed facts or a theory.
The basis, in England, of rating lands andhereditaments to the poor-rate, and to other rates and taxes that are expressed to beleviable or assessable In like manner as the poor-rate.
In old English law. A parish.
A paroxysmal disease or disorder of the nervous system, more commonin females than males, not originating in any anatomical lesion, due to psychic ratherthan physical causes, and attended, in the acute or convulsive form, by extraordinarymanifestations of secondary effects of extreme nervousness.Hysteria is a state in which ideas control the body and produce morbid changes inits functions. Mtebius. A special psychic state, characterized by symptoms which canalso be produced or reproduced by suggestion, and which can be treated bypsychotherapy or persuasion, hysteric and hypnotic states being practically equivalentto each other. Babinski. A purely psychic or mental disorder due to hereditarypredisposition. Charcot. A state resulting from a psychic lesion or nervous shock,leading to repression or aberration of the sexual instinct. Freud. Hysteria is much morecommon in women than in men, and was formerly thought to be due to some disorderof the uterus or sexual system; but it is now known that it may occur in men, inchildren, and in very aged persons of either sex.In the convulsive form of hysteria, commonly called “hysterics” or “a fit of hysterics,”there is nervestorm characterized by loss or abandonment of self-control in theexpression of the emotions, particularly grief, by paroxysms of tears or laughter or bothtogether, sensations of constriction as of a ball rising in the throat (globus hystericus),convulsive movements in the chest, pelvis, and abdomen, sometimes leading to a fallwith apparent unconsciousness, followed by a relapse into semi- unconsciousness orcatalepsy. In the non-convulsive forms, all kinds of organic paralyses may be simulated,as well as muscular contractions and spasms, tremor, loss of sensation (a>ir wstlwsia)or exaggerated sensation (hyperesthesia). disturbances of respiration, disordered appetite,accelerated pulse, hemorrhages in the skin (stigmata), pain, swelling, or evendislocation of the joints, and great amenability to suggestion.
Those who, having been thought dead, had, after a long absencein foreign countries, returned safely home; or those who, having been thoughtdead in battle, had afterwards unexpectedly escaped from their enemies and returnedhome. These, among the Romans, were not permitted to enter their own houses at thedoor, but were received at a passage opened in the roof. Enc. Lond.
The Casarean operation. See CESAREAN SECTION.
In English law. A port, wharf, or small haven to embark or land merchandiseat Cowell; Blount.