Page:Black's Law Dictionary (Second Edition).djvu/563

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.
HABENDUM 555 HABITATION

47 S. C. 288, 25 S. E. 165; Hart v. Gardner, 74 Miss. 153, 20 South. 577.

Habendum at tenendum. ‘In old convey- ancing. To have and to hold. Formal words in deeds of land from a very early period. Bract. toi. 17b.

HABENTES HOMINES. In Old English law. Rich men; liternily, having men. The same with fwsting-men, (q. 12.) Cowell.

IIABENTIA. Riches. Mon. AngL t. l, 100. EABERE. Lat. In the t.‘i\'i.i law. To

have. Sometimes distinguished from leuere, (to hold_) and pussidere, (to posscss;) lmbcre referring to the right, tenor: to the fact, and possidere to both. Calvin.

HABERE FACIAS POSSESSIONEM. Lat. That you cause to have possession. The name of the process commonly resorted to by the successful party in an action of ejectment, for the purpose of being placed by the sheriff in the n(-tun] possession of the land recovered. It. is commoniy termed simply “habere farms,” or “lmlz. fa.”

HABERE FACIAS SEISINAM. L. Lat. Tliat you cause to have seisin. {Hie writ of execution in real actions, directing the sheriff to cause the demandant to have seisin of the lands recovered. It was the proper process for giving seisin of a freehold, as distinguished from a chattel interest in lands.

HABERE FACIAS VISUM. Lat. That you cause to have a view. A writ to cause the sheritl to take a View of lands or tell& mcnts.

HABERE LIGERE. Lat. In Roman law. To allow [one] to have [possession] This phrase denoted the duty of the seller of property to allow the purchaser to have the Imssessiun and enjoyment. For a in each of this duty, an actio em empta might be maint uucd.

HABERJECTS. Magma Chartu, C. 26.

A cloth or a mixed color.

HABETO TIZBI RES TUAS. Lat. Have or take your effects to yourself. One of the old Roman forms of divorcing a wife. Cni- rin,

HABILIS. Lat. Fit: suitable: active; useful. (of a servant) Proved; authentic, (or Book of Saints.) Fired: stable, (of authority of the king.) Du Cange.

HABIT. A disposition or condition of the body or mind acquired by custom or a usual repetition of the same act or function. Knickerbocker L. Ins. Co. v. Foley, 105 U. S. 35-1, 26 L. Ed. 1055; Conner v. Citizens‘ St. R. Co., 146 Ind. 430, 45 N. E. 662; State v. Skillicorn, 104 Iowa. 97, 73 N. W. 503: State v. Robinson, 111 Ala. 482, 20 South. 30. —Habit and repute. By the law of Scot- land, marriage may be established by "habit und repute" where the parties colmbit and are at the same time held and reputed as man and wife. See Bell. he same rule obtains in some of the United States.

HABITABLE REPAIR. A covenant by a lessee to "put the premises into hahitahle repair" binds him to put them into such a state that they may be occupied, not only with safety, but with reasonable comfort, for the purposes for which they are taken. l\ii1ier v. l\lcC'irde1l, 19 R. I. 304, 33 Ati. 445, 30 L. R. A. 682.

HABITANCY. Settled dwelling in a given place; fixed and permanent residence there. This term is more comprehensive than “don1icile," for one may he domiciled in a given piace though he does not spend the greater portion of his time there, or thomrh he may be absent for long periods. It is also more comprehensive than "residence," for one may reside in a given place only temporarily or for short periods on the occasion of repeated visits. But in neither case could he properly be caiied au “inhabitant" of that place or he said to have his “h:1bitancy" there. See Atkinson v. Washington & Jet- ferson College. 54 W. Va. 32, 46 S. E. 253; Hairsmn v Hairston, 27 Miss. 71.1. 61 Am. Dec. 530: Abington v. North Bridgewater. 23 Pick. (\Iass.) 1'10. And see Domciuz: RESI- nnncn.

It is diificnlt to give an exact definition of “habitancy." In general terms. one may be designated as an "inhabitant" of that pince which constitutes the principal seat of his residence, or his business, pursuits. connections. attach- ments, and of his political and municipal relations. The term. timrefnre. embraces the flat at residr-nce at a place. together with the intent to rn::aI'd it mid make it a home. The act and intent. must concur. L_\man v. Fiske. 17 Pick. ('.\L'1ss.) 231. 28 Am. Dec 298.

HABITANT. Fr. In French and Ca- nalimn Liu. A rcsnleut tenant‘, a settler; a tenant who kept hearth and home on the seiznioiy.

HABITATIO.}} Lat. In the Cliii law. The right of dwelling; the right of free resi- dence l.n another’s house. Inst. 2, 5; Dig 7. 8.

HABITATION. In the civil law. The right of a person to live in the house of an- other without prejudice to the pr0])el'tv. It differed from a usufruct. in this: that the usufructtury might apply the house to any purpose, us of a store or manufactory; where- as the para ha\ ing the right of habitation could only use it for the resudence of himself and family. 1 Browne, Civil Law. 184.

In estates. A dwelling-house: a home

stnli. 2 Bl. Comm. 4; 4 BL Comm. 220; M