Page:Black's Law Dictionary (Second Edition).djvu/562

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H 554

E. This letter, as an abbreviation, stands for Henry (a king of that name) in the citation of English statutes. In the Year Books, it is used as an abbreviation for Hilary term. in tax assessments and other such ofllcial records. “h" I:na.y be used as an abbreviation for “honse." and the courts will so understand it Alden v. Newark. 36 N. J. Law, 288: .Pi1rker v. Elizabeth. 39 N. J. Law. 693.

E. A. An abbreviation for has armo, this year, in this year. ‘

E. B. An abbreviation for house bill, I. e., a bill in the house of representatives, as distinguished from a senate bill.

11. C. An abbreviation for house of com- mons, or for habcmi corpus.

E. I... An abbreviation for house or lords.

E. It. An abbreviation for house of rep- resentatives.

E. '1‘. An abbreviation for 11.00 tituto, this title, under this title; used in references to books.

E. v. An abbreviation for hot; verbo or hue race. this word, under this word; used in references to dictionaries and other works alphabetically arranged.

I-XABE, or HAVE. Lat. A form of the snlntatoiy expression ".-11;e," (hail.) in the titles or the constitutions of the Tlieodnsian and Justinianean Codss. Calvin; Spelnian.

HABEAS CORPORA JUBATORUM. A writ commanding the sheriff to bring up the persons of Jurors, and, if need were. to (hsti-ain them of their lands and goods, in order to insure or compel their attendance in court on the dav of trial of a cause‘. It issued from the Common Pleas, and served the same purpose as a distringas ;'ural‘orL's in the King's Beucb It was abolished by the C. L. P. Act. 1852, § 104. Brown.

EAZBEAS CORPUS. Lat. (You have the bodv.) The name gii on to a variety of Writs. (of which these were -inciently the emphatic words,) having for their object to bring a party before a court or judge. In common usage, and whenever these words are used aione, they are understood to mean the hubuas corpus ad subjic-icndum, (see infra.)

—Habeas corpus act. The _English stntut_c of 31 (‘an I1. c. 2. is the original and promi- nent halrcax corpus act. It was amended and supplemented by St. 56 Geo. III. c. 1011. And similar statutes have hccn enacted in all the l'nite(l States. This act is justly regarded as the great constitutional guaranty of peisonai liberty_—I»Iabeas corpus ad delibernndum at x-ecipiendum. A writ ubich is i.-tsuod to rs- move, for trial, a person confined in one county

HABENDUM

H

to _the county or place where the offense of which he is accused was committed. Bac. -\hr. “Habeaa Clo1'pu.€." A; 1 Chit. Crirn. Law, 11% Ex pnrte Bollroiin, 4 Cram-b, 97. 2 L. Ed. 554. Thus, it has been granted to remove a person in custody for contempt to take his trial for perjury in another county. 1 Tyrw. 1S:'i.—1{w- liens cox-pun ad fnciendum at recipienduin, writ issuing in civil cases to remove the cause, as also the body of the defonilaat, from nu inferior court to a superior court having jurisdiction, there to be disposed of it is also called “habcos carpus cum c(Iu—m" Ex parte Bollmiin. 4 Cranch. 97. 2 L. Ed. 11.14.- Habens corpus ad prosequendum. A writ which issues when it is necessary to remove a prisoner in order to p7‘08€t‘IH6 in the proper jurisdiction wherein the fact was committed. 3 U ‘ mm. 130.—Habens nor-pus ad respondenduin. A writ which is usually employed in civil cases to remove a person out of the custody of one court into that of another in order that he may be sued and ansuer the action in the latter. 2 Sci]. Pr. 259: 2 Mod. 1518; 3 Bl. Comm. 129: 1 Tidd_ Pr. 300.—Hw- bean cox-pus ad latisfacieuduin. iish practice. A writ which issues when a prisoner has had judgment against him in an action, and the plaintiff is desirous to hrina him up to some superior court to charge l'in uith process of execution. i. Comm. -1. 130: 3 Ste-uh. Comm Gill}: 1 Tidd. Pr. 350. —Habens cox-pus ad siilzjiciendum. A Wl'l_[ directed to the person detaining another, and commanding him to produce the body of the prisoner. (or person detained) with the day and cause of his caption and detention, arl facicndum. aubjicicndum at re:-ipiumlum, to (lo. submit to, and receive whatsoever the judge or court awarding the writ shall consider in that hehalt. 3 81. Comm. 131', 3 Steph. Comm. 693. This is the well-known remedy for deliverance from illegzni confinement, called by Sir William Blackstone the most celebrated writ in the English law, and the great and ellicacions writ in all manner of illegal confinement. Bl Comm. 129.—Ha.beas corpus ad testificnndum, writ to hring a witness into court. “hen he is in ciistodv at the time of a trial, cnminanding the sheriff to have his body before the court. to testify in the cause. 3 Bl. Comm. 130: 2 Tidrl. Pr. R09. Ex part» Marinntiuke 91 Mo. 2330. 4 S. W. 91. 60 Am. Rev. 2.‘S0.—Habeas corpus cum cnrua. (You have the body, with the cause.) Another name for the writ of Iiabcus corpus ad /ac-imulum at rcciyricridum. (q. 17.) 1 Tidd, Pr. 348. 3-19.

Eabemus optimum testem, cunfiteutem reum. 1 Phil. Ev. 307. We have the best witness.———a confessing defendant. "What is taken pro coiifcssu is taken as indnliiiaiiie truth. The plea of guilty by the party accused shuts out all further inquirv. Hnbe mus Donfiimttcm ream is demonstration, un- less indirect motives can be assigned to it" 2 Hagg. Elccl. 315.

HABENDUM. Lat. In conveyancing. The clause usually following the granting part of the premises of a deed, which defines the extent of the ownership in the thing granted to be held and enjoyed by the grantee. 3 Washb. Rcal Prop. 437-. New York lndlans v. U S.. 1T0 U. S. 1. 18 Sup. Ct. 531, 42 L. Ed. 927: Clapp v Byrncs. 3 App. Div

234. 3S N. Y. Supp. 1063 , Miller v. Graham,