Page:Black's Law Dictionary (Second Edition).djvu/568

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fore St. Thomas’ day, and therefore called the "holymate." or holy court. Cowell.

HALYWERCFOLK. Sax. In Old English law. Tenants who held land by the service of repairing or defending a church or monument, whereby they were exempted from feudal and military services.

HAMA. In old English law. A book; an engine with which a house on fire is pulled down. Yel. 60. A piece or land.

HAMBLING. In forest law. The hoxing or hock-sinewing of dogs; an old mode of laming or disabling dogs. Termes de la Ley.

HAMESECKEN. In Scotch law. The violent entering into a man's house without license or against the peace, and the seeking and assaulting him there. Skene de Verb. Sign.: 2 Forb. Inst. 139.

The crime of housebreaking or burglary. 4 Bl. Comm. 22 .

HAMFARE. (Sax. From ham, a house.) In Saxon law. An assault made in a house; a breach of the peace in a private house.

HAMLET. A small village; a part or member of a vill. It is the diminutive of "ham," a village. Cowell. See Rex. v. Morris, 4 Term, 532.

HAMMA. A close joining to a house; a croft; a little meadow. Cowell.

HAMMER. Metaphorically, a forced sale or sale at public auction. “To bring to the hammer," to put up for sale at auction. "Sold under the hammer." sold by an officer of the law or by an auctioneer.

HAMSOCNE. In Saxon law. The right of security and privacy in a man's house. Du Cange. The breach of this privilege by a forcible entry of a house is breach of the peace. Du Cange.

HANAPER. A hamper or basket in which were kept the writs of the court of chancery relating to the business of a subject, and their returns. 3 Bl. Comm. 49. According to others, the fees accruing on writs, etc., were there kept. Speiman; Du Cange.

—Hanaper-office. An office belonging to the common-law jurisdiction of the court of chancery, so called because all writs relating to the business of a subject, and their returns, were formerly kept in a hamper, in hanaperio. 5 & 6 Vict. c. 103. See Yates v. People, 6 Johns. (N Y.) 363.

HAND. A measure of length equal to four inches, used in measuring the height of horses. A person's signature.

In old English law.}} An oath.
For the meaning of the terms "strong hand" and "clean hands," see those titles.

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

HAND-FASTING. In old English law. Betrothment.

HAND-GRITH. In Old English law. Peace or protection given by the king with his own hand.

HAND MONEY. Money paid in hand to bind a bargain; earnest money.

HANDBILL. A written or printed notice displayed to inform those concerned at something to be done. People v. McLaughlin, 33 Misc. Rep. 691, 68 N. Y. Supp. 1108.

HANDBOROW. In Saxon law. A hand pledge: a name given to the nine pledges in a decennary or friborg; the tenth or chief, being called "headborow," (q. v.) So called as being an inferior pledge to the chief. Spelman.

HANDHABEND. In Saxon law. One having a thing in his hand; that is, a thief found having the stolen goods in his possession. Jurisdiction to try such thief.

HANDSALE. Anciently, among all the northern nations, shaking of hands was held necessary to bind a bargain.——a custom still retained in verbal contracts. A sale thus made was called "handsale," (venditio per mutuam manum complexionem.) In process of time the same word was used to signify the price or earnest which was given immediately after the shaking of hands, or instead thereof. 2 Bl. Comm. 448.

HANDSEL. Handsale, or earnest money.

HANDWRITING. The chirography of a person; the cast or form of writing pecuiiar to a person, including the size. shape, and style of letters. tricks of penmanship, and whatever gives individuality to his writing, distinguishing it from that of other persons. In re Hyland's Will (Surr. Ct.) 27 N.Y. Supp. 963.

Anything written by hand; an instrument written by the head of a person, or a specimen of his writing.
Handwriting. considered under the law of evidence, includes not only the ordinary writing of one able to write, but also writing done in a disguised hand, or in cipher, and a mark made by one able or unable to write. 9 Amer. & Eng. Enc Law, 264. See Com. v. Webster, 5 Cush. (Mass.) 301, 52 Am. Dec. 711.

HANG. In old practice. To remain undetermined. "It has hung long enough; it is time it were made an end of." Holt. C.J., 1 Show. 77.

Thus, the present participle means pend-