Page:Black's Law Dictionary (Second Edition).djvu/572

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HEAD—NOTE 564

HEAD-NOTE. A syllabus to a reported case; a summary of the points decided in the case, which is placed at the head or be- ginning of the report

HEAD-PENCIL An exaction of 40d. or mole, collected by the sheriiif of Northumberland from the people of that county twice in every seven rears, without account to the king. Abollshed in 1444. Cowell.

HEADRIGHT CERTIFICATE. In the laws of the repuhilc of Texas, a certificate issued under authority of nn act or 1839, which provided that every person immigrating to the republic between October 1, 1837, and January 1, 1840, who was the head of a family and actually resided within the government with his or her family should be entitled to a giant of 640 acres of land, to be held under such a certificate for three years, and then conveyed by absolute deed to the settler, if in the mean time he had resided permanently within the republic and pei-formed all the duties required of citi- zens. C‘-anaon v. Vaugluin, 12 Tex. 401; Turner v. Hart, 10 Tex. 441.

XEEAPODWEARD. In old English law. One or the services to be rendered by a thane, but in what it consisted seems ucnertain.

HEALGEMOTE. In Saxon law. A court-hnron; an ecclesiastical court.

I-IEALSFANG. In Saxon law. A sort of pillory, by which the head of the culprit was caught between two boards, as feet are caught in a pair of stocks. Cowell.

HEALIIR. One who heals or cures; specifically, one vsho professes to cure bodily diseases without medicine or any material means, according to the tenets nnd practlces of so-called “Christian Science," whose beliefs and practices, being founded on their religious convictions, are not per se proof of insanity. In re Brush's Will, 35 Misc. Rep. CS9, 72 N. Y. Supp. 425.

HEALING ACT. Another name for n. curative act or statute. See Lockhart v. Troy. 48 Ala. SS4.

HEALTH. Freedom from sickness or sufi'ering. The right to the enjoyment of health is a snbdirision of the right of persiuial security, one of the absolnte rights of persons. 1 Bl. Comm. 129, 134. As to in- juries aifecring health, see 3 Bl. Comm. 122. --Bill of health. See ll1LL.—Bon1'd of health. See B0sr.n.—Henltli law Laws prescribing sanitary measures, and designed to promote or preseric the health of the communii:_v.—Henli:)i officer. The officer charged with the execution and enforcement of health laws. The powers and duties of heaith officeis

HEAT OF PASSION

are regulated by local laws.—Pu|1lic health. As one of the objects of the police power of the state, the “public health" means the prevailingly healthful or sanitary condition of the generai body of people or the community in mass, and the absence of any general or I;l:~ spread disease or cause of mortality.

BZEALTHY. Free from disease or boillly ailment, or any state of the system D-‘(Y)’ linrly susceptible or liable to disease or ‘ad- ily ailment. Bell v. Jettreys, 35 l\'. O. 3.1‘-.

{{anchor+|.|BEARING. In equity practice. The hearing of the arguments of the counsel for the parties upon the pleadings, or [lle.\Lll[.\)_.': and proofs: corresponding to the trial of an action at law.

The word “hearing" has an estaiilislied meal.ing as applicable to equity cases. It means the same thing in those cases that the word “trial" docs in cases at law. And the wonls "final hearing‘ have long been used to designate tie trial of an equity case upon the merits, as x‘ :- tinguished from the hearing of any preliminary questions arising in the cause, and nhirh we termed “interloentory." Akerly v. Vilas, 2-1

'is. 171, 1 Am. Rep. 166.

In criminal law. The examination of B prisoner charged with a crime or misdemcanor, and of the witnesses for the accused.

—1‘inal hearing. Sec FINAL.

HEARSAY. A term applied to that species of testimony given by a witness “ho relates, not what he knows personally, but what others have told him, or what he has heard said by others. Hopt v. Utah, 110 U. S. 57-}, 4 Sup. Ct. 202. 28 L Ed. 262; Moreli v. Morell, 157 Ind. 179, 60 N. . 10 : Stockton v. Williams, 1 Doug. (Mich.) 570: People v. Kraft, 91 Hun, 474, 36 N. Y. Supp. 101:4.

Hearsay evidence is that which does not derive its value solely from the crelht of the witness, but rests mainly on the reu ii; and competency of other persons. The very nature of the evidence shows its was ‘li1v:4 and it is admitted only in s1ieci.fied cu ‘z from necessity. Code Ga. 1SS2, § 37 Phil. E7. 185.

Hearsay evidence is second-hand evidence. as distinguished from original evidhncc; it is the repetition at second-hand of nhnt would be original evidence it given iw ills person who originally made the statement,

HTEARTH MONEY. A tax levied in England by St. 14 Car. II. c. 10. consisting of two shillings on every hearth or stove in the kincrlom. It was extremely unpopular. and was abolished by 1 W. 6: M. St. 1 c 10. This tax was otherwise called "chim- ney money."

ELEARTH SILVER. In English law. 4 species of mnrlus or composition for tithes. Ansti‘. 323. 325.

HEAT 0}‘ PASSION. In criminal law.

A state of violent and nucontiollable rage