Page:Black's Law Dictionary (Second Edition).djvu/564

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HABITUAL CRIMINAL

Holmes V‘. Oregon & C. R. Co. (D. C.) 5 Fed. 527: Nowlin v. Scott, 10 Grat (\'a.) 65: Har- vard College v. Gore, 5 Pick. (i\Iiiss.) 372.

HABITUAL CRIMINAL. By statute in

several states, one who is convicted of a fdony, having been previously convicted of any crime (or twice so convicted), or who is convicted of a misdemeanor and has previously (in New York) been live times convicted of a misdemeanor. Crim. Code N. Y. 1903. § 510; Rev. Sr. Utah. 1898, § 4067. In a more general sense, one mads subject to police sur- veillance and arrest on‘ suspicion, on account of his previous criminal record and absence of honst employment. —HnbitnsJ criminals net. The statute 32 & 3.3 \ict c. 99. By this act power was given to apprehend on suspicion convicted persons holding license undrr the penal SEl'I|tIllle acts, 1853, 1857, and 186-1. The act vsas repealed and replaced by the preu-iition of crimes net, 1871, (34 ‘& 35 Vict. C. DE.)

HABITUAL DRUNKARD. A person [lven to ebriety or the excessive use of intoxicating drink, who has lost the power or the vsill, by frequent indulgence, to control his appetite for it. Ludivick v. Com., 18 Pa. 174; Gouriay v. Gourlay, 16 R. I. 705. 19 All. 1-12; i\Iiskey's Appeal, 107 Pa. 626; Richards v. Richards, 19 Ill. App. 467: .VIc- Bee v. llIci3ee, 22 Or. 329, 29 Pac. 887, 29 Am. St. Rep. 613.

One who has the habit of indiilging in intoxicating liquors so firmly fixed that he becomes intoxicated as often as the temptation is presented by his being in the vicinity wliers liquors are sold is an “habitual druukard." within the meaning of the divorce law. Mngahay V‘. Magaliay, 353 Mich. 210.

In England, it is defined by the habitual driInkarr]s' act, 1879. (42 & 43 Vict. c 19.) which authorizes confinement in a retreat, upon the party‘a own application, as '”a person who, not being amenable to any jurisdictitm. in innacy, is. notwithstanding, by reason of habitual intemperate (lrln.kin_z of intoxicating liquor, at times dincerons to himself, or herself, or others, or incapable of managing himself or herself, or his or her affairs."

ECABLE. L. Fr. A port or harbor: a station for ships. Hen. VI. c. 3.

In old English law. SL2’!

HACIENDA. In Spanish law. The pub- lic domain; the royal estate; the aggi'e,r:ate wealth of the state. The science of adinin- istering the national wealth; public economy. Also an estate or farm belonging to a private person.

HACKNEY CABRIAGES. Carriages plying for hire in the Sf'l'€(-‘L The driver is liable for negligenfiy losing baggage. Masterson v. Short, 33 How. Prac. (N. Y.) 486.

I-IADBOTE. In Saxon law. A recompense or satisfaction for the violation of hoi_v orders, or violence offered to persons in holy orders. Cowell; Blouat.

556

HEREDITAB

I-IADD. In Hindu law. A boundary or iiniit. A statutory punishment defiiicd by law, and not‘ai'bitrary. Moziey & Whitley.

I-IADERUNGA. In old English law. Hatred; iii -viii]; prejudice, or partlallty. Spehnan; Cowell.

HADGONEI... or mulct. Jacob.

EEG EST CONVIENTIO.}} Lat. This is an agreement. “lords with which i.i;ri1-- ments ancieutly commenced. Yearb. LI. 6 Edw. II. 191.

In old English law. A tax

HI!-JG EST FINALIS CONCORDIA. L. Lat. This is the final agieement. The words with which the foot of a line com- menced. 2 Bl. Comm. 35L

HIEREDA. In Gothic law. A trlhunal answering to the English court-lest.

HEREDE ABDUCTO. An liucicnt \\rit that lay for the lord, who, havhig iiy right the wardship of his tenant under age. could not obtain his person, the same being carried away by another person. Old Nat. Brev. 93.

HIEREDE DELIBERANDO ALTERI QUI IIABET CUSTODIUM TERRIE. An ancient writ, directed to the slieritl’, to re- quire one that had the body of an heir, be lug in ward, to deliver him to the person whose ward he was by reason of his land. Reg. Orig. 16L

HEREDE RAPTO. An ancient writ that lay for the ravishment of the lord's ward. Reg. Orig. 163.

Hmradem Dena fnoit, non homo. God

makes the heir, not man. Co. Litt. Tb.

HEREDES. Lat. In the civil law.

Heirs. The plural of mares, (q. 1:)

HEREDIPETA. Lat. In old Eriglish law. A seeker of an inheritance; hence, the next heir to lands.

Esaredipetie IIIO propinquo vel extrinnen periciiloso sane ciistcidi nullus coinmittatnr. To the next helr, whelher :1 re- lation or a stranger, certainly a dangerous guardian, let no one be coniinitted. O0. Litt. 88b.

HEREDITAS. In Roman law. The Iilrretlittw was a universal succession by law to any deceased person, whether such poison had died testate or intestate, and whether in trust (ca fldeicoiiiniixso) for another or not. The like succession accoriluig to Praetorian law was Do-norimi 17os.e¢-ssio. The luzretlilaa was called “jacens," nntll the Iizrres took it up, 1. 9.. made his aditio Iitzrcditatis; and such hmros, if a sums luzrcs, bad the right to

abstain. (pofestas abstiiicnrii.) and, if an cartraneus hwres, had the right to consider