Page:Black's Law Dictionary (Second Edition).djvu/570

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


HARO

HARD, BARRON. Fr. In Norman and early English law. An outcry, or hue and cry after felons and maiefnctors. Cowell.

HARRIOTT. The old farm of “heriot,” (q. 1:.) “Williams, Seis. 203.

HART. A stag or mule deer of the forest the years old complete.

HASP AND STAPLE. In old Scotch la“. The form of entering an heir in a sub- ject situated Within a royal borough. It consisted of the helr‘s taking hold of the lmsp and staple of the door, (which was the .'-_\mhoi or possession) with other formalities Bell; Burrili.

I-IASPA. In old English law. The hasp of a door: by which livery of selsln might anciently be made, where there was a house on the premises.

HASTA. Int. A spear. In the Roman law. a spear was the sign of a public sale of goods or sale by auction. Hence the phrase “Inn-its subiicere” (to put under the spear) meant to put up at auction. Calvin.

In feudal law. A spear. The symbol used in making lnvestlture of a fief. Feud. lib. 2. tit. 17.

HAT MONEY. In maritime law. Primage; a small duty paid to the captain and mariners of a ship.

HAUBER. be run.

0. Fr. A high lord: a great SDEIDIED.

I-IAUGE, or EOWGI-I.

1 railey.

A green plot in

HAUL. The use of this word, instead of the statutory word "carry,” in an indict- ment charglng that the defendant “did felo- nlously steal, take, and Inmi away" certain personalty, will not render the indictment had, the uorde being in one sense equiva- lent. Spittorff v. Stete, 108 Ind. 171, S N. l‘. 91L

I-IAUR. In old English law. Leg. Wm. I. c. 16; Blount.

Hatred.

I-IAUSTUS. Lat. In the civil law. A species of servitude, consisting in the right to draw water from anothers well or spring, in which the itor, (right of way to the well or sprlng,) so far as it is necessary, is tacit- ly included. Dig. B, 3, 1; Mackeld. Rom. Law, § 318.

HAUT CHEMIN. Yearb. M. 4 Hen. VI. 4.

L Fr. Highway.

HAUT ESTRET. L. Fr. High street; highway. Yearb. P. 11 Hen. VI. 2.

HAUTI-IONER. In old English law. A man armed with a coat of mail. Jacob.

562

HAYWARD

HAVE. Lat. A form of the suiutatory expression “Ave,” used in the titles of some of the Constitutions of the Tiieodosian and Justinlanean codes. see God. 7, 62, 9; Id 9, 2, 11.

HAVE. To possess corpornlly. "No one.

at common law, was said to Iuwo or to he in possession of land, unless it were con- veyed to him by the livery of selsln, which gave him the corporal iuvestlture and hod- ily occupation thereo.” Bi. Law Tracts. 113. —Have and hold. A common phrase in can- veyancing. derived from the hubemlwm et tenendum of the old common law. See IIABEN- DUM Er TENENDUM.

HAVEN. A place of a large receipt and safe riding of ships. so situate and secured by the land circumjacent that the vessels thereby ride and anchor safely, and are protected by the adjacent land from dungerous or violent winds; as Milford Haven, Plym- outh Haven, and the like. Ilale de Jure Mar. par. 2 e. 2. And see Lownrles v. Board of Trustees, 153 U. S. i, 14 Sup. Ct. 758. 38 L. Ed. 615; De Longuemere v. New York Ins. Co., 10 Johns. (N. Y.) 125(a); De Lovlo v. Boit, 7 Fed. Cas. 429.

HAW. A small parcel of land so called in Kent: houses. Co. Litt. 5.

HAWBERK. A cost or shirt or mail; hence, derlvatively (in feudal law) one who held a fief on the duty or service of providing himself with such armor and standlmz ready, thus equipped, for military service when called on. Wharton.

I-IAWGI-I, HOWGH. A valley. Co. Litt. 5b.

HAWKER. A trader who gnee from place to place, or along the streets of a town, selling the goods which he carries with him.

It is perhaps not essential to the idea, but is generally understood from the woni. thnt a hawker is to be one wbo not only carries armrls for sale, but seeks for porch-users. either by outcry, which some lexicogrspbcrs Conceive as intimated by the derivation of the word, or by attracting notice and attention to th:-m, as goods for sale, by an actual exhibitiou or exposure of ihem, by placards or labels, or by a convrntionsl signal, like the sound of a horn for the sale of fish. Com. v. Ohcr. 12 Cosh. (Mass) -195. And see Graffty v. Itushville, 107 Ind. 502, 8 N. E. 609. 57 Am. Re . 12?; Clem- ents v. Cnsper, 4 W_vo. 494, 5 PM‘. 472: Hail v. State. 39 Fla. 637. 23 South. £19.

In old English law

HAY-BOTH. Another name for “hedge- bote." being one of the estovers allowed to a tenant for life or years, namely, material for repairing the necessary hedges or fences of his grounds. 2 Bl. Comm. 35; I \'\':Lsiib. Real Prop. 129.

HAYWARD. In old Fngiish law. An

ofhcer appointed in the lord's court to kccp