Page:Black's Law Dictionary (Second Edition).djvu/571

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


I common herd of cuttle of a town; so call- ed hecuuse he was to see that they did not break or injure the hedges of inclosed grounds His duty was also to impound trespassing cattle, and to guard against pounddireaches. Kitch 46: Cowell. Adams 1. Nichols, 1 Aikens (Vt.) 319.

HAZARD. 1. In old English law. An nnluwfnl mime at dice. those who play at It being called “huzardors." Jacob.

2. In modern law. Any game of chance or wagering. Chock v. Coin., 100 Ky. 1,37 W 152; Graves v. Ford. 3 B. Mon. (Ky.) 113: Souiers v. State, 5 Sueed (Tenn) 438.

3. In insurance law. The risk, danger,

or prohuhillty that the event insured against may happen, varylng with the circumstances of the particular case. See State Ins. Ca. V. Taylor. 14 C010. 499, 24 Pac. 333, 20 Am. St. Rep. 281. —Moi-sl hazard. In fire insurance. The risk or danger of the destruction of the insured property by fire, as measured by the character and interest of the insured owner. his huh- its as a prudent and careful man or the reverse. his known integrity or his bad reputation, and the amount of loss he would suffer by the destruction of the property or the gain he would make by snfl'erin_; it to burn and collecrui: the insurance. See Syndicate lns. Co. v. Bohn. 65 Fed. 170. 12 C. C. A. 531. 5-17 L. R. A. 614.

HAZARDOUS. Exposed to or involving danger; perilous; risky. The terms “hazardous,” “exl‘i'a-ha7.ard-

ous." "specially hazardous," and “not haz- nrrlnus" are well-imderstood technical terms in the liusiness of Insurance. having dist-lnct uud separate meanings. Altlioiigh nhnt goods are I ' .. I in each _ Illlll m.-iy not he so known us to dispense rrlth nctiiul proof, the terms thrmsclves iire distinct and kiimvn to be so. Russell v. Insurance (‘0.. '30 i\lin_n. 400. 52 N. W. 906; Pindar v. Insurnnce C0,. 33 N. Y. 365.

—Haza1-dous contract. See CoNTiiAcr_— Hazardous " ce. Insurance elfec-tad on property which is in unusual or peculiar danger of drstrlictinn by fire, or on the life of a man nhoso occupation exposes him to special or unusual perils.—I-lazsx-dous negligence. See l\'l-:(-‘LIGENGE.

HE. The use of this pronoun in a written instrument, in referring to u person whose Chrlstiau name is deslsnuted therein my :1 more initial. is not conclusive that the person referred to is a male; it mav be shown by parol that the person intended Is a female. Berniaud v. Beecher, 71 Cal. 38. I1 Piic. 802.

He who has committed iniquity shall not have equity. Francis. Max.

He who seeks equity must do equity. It is in pursuance of this maxim that equliy enforces the right of the Wife's equity to a settlement. Sneli. Eq. (Ealh Ed.) 374.



HEAD. Chief; lending; principal; the upper part or principal source of a stream.

—Hes.d money. A sum of money reckoned at a fixed amount for each head (person) in a designnted class. Particularly (1) a capitation or poll tax. (2) A bounty olfered by the laws of the United States for each person on bonnl an enemy's ship or vessel, at the commencement of a naval engagement, which shall he sunk or destroyed by a ship or vessel of the United States of equal or inferior force, the same to be divided among the officers and crew in the some mariner as prize money. In re Farragut, 7 D. C. 97. A similar renard is ol1"cred by the British statutes. (3) The tax or_duty imposed h_v act of congress of Aug. 3. 1&2. on owners of steamships and sailing vesseis for every im- migrant brought Into the I‘nired States. ll Money Cases. 112 U. S. 530. 5 Sup. ‘ 28 L. Ed. 793. (4) A hounty or reward paid to one who pursues and kills a bandit or out- law and produces his head as evidence; the ofi'er of such a reward being popularly called “putting a price on his hend.”—I{end of creek. This term means the source of the longest hrrinch. uniess general reputation has given the appellation to another. Davis v. Bryant. 2 Bihh (Ky) 110.—Head of department. In the conslitution and laws of the United Stntcs, the heads of departments are the officers at the hood of the great executive departments of government (commonly called "the cabinet") such a the secretary of state. secretary of the interior, mtorucy gcnnrol. poshnnster general, and so on. not including heads of hureans. U. S. v. l\ 124 U. S. 30:1. 8 Sup. Pt 31 L. Ed. 46?: U. . v. Gfrmaine. 99 U. 511. 25 Ii. Fd. 482. end of u f_nmily. term used in horn:-stead nud exemption laws to designate a person who maintains a family: a. housr-hnldr\r. Nut lJ(‘l'e<s:I'rlly a husband or fathcr, but any person who has charge of. su- perw'ses_ and Hlfl!l[|_EPS the ufiuirs of the house- hold or the collective body of persons residing tmrelher and constituting the familv. See Ducnan r. Frank. 8 Mo App. 2S9: Jnrlloe v. Jar- hoe. inn no. App. 459, 70 . W. 1163: Wim— lcn v Cudmnn, 11 Inna 2 : Brnk-iw v_ 0-:l_e, 170 Ill. 115. 48 N. E. 3'} Bennett v. Gcor_:i.'i Trust Co., 106 G11. 79. 3 . E. 6'2. —I-Iead of

The higlwst point on the stream vlhich furnishes I1 continuous stream of water, not ncc4=ssar~il_v the longest fork or prong. l'Thl v. Remolrls. (‘-4 S. IV. 4953. 23 Ky. Law Rep. 7?‘). State v. Colr-‘min. 13 N. .7. Law, 104- Head of water. In hydraulic cmvinooriuz. mining. etc., 1hc efloctivo forge of [1 body or volume of water. express:-d in terms of the vertical distance from the level of the water in the pond. rcsr-rvoir, drain, or other source of supplv, to the point where it is to be mnclian- icnlly applied, or exprcssed in terms of the ]lI‘1‘SSlll‘(‘ of the wafer per squiirc _inch sit the latter point. See Slienrcr v. \_lIdrlletv-ri. R9 Wiiclr. C21 50 v. W. 737: Cnrcill v. Thomp- son. 57 hIinn_ 534. 59 N. W. 638.

lu Saxon lzivr. The head or chlef officer of a borough; chief of ihe fr:i_nlrplcd:zc titlrlng or deccunurv. This office was al'tr=rwui'ds, when the pert)‘ Constsilileship was created, united with that offlee.


HEAD-COURTS. Certain tribunals In Scotland. ulmlished by 20 Gen. II. c. 50. Ersk. 1, 4, 5.

I-IEADLAND. ln old English law. A narrow piece of unplowed laud left at the end of a ploued field for the turning of _thc

plow. Called. also. "butt."