Page:Black's Law Dictionary (Second Edition).djvu/573

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HEAVE TO

engendered by a blow or certain other provocation given, which wlli reduce a homicide from the grade of murder to that of manslaughter. A state of mind contradistin- gnished from a cool state of the blood. State v. \vieuers_ 66 Mo. 25: State v. Andrew, 76 M0. 101; State v. seaton, 106 M0. 198. 17 S.

W. 171; State v. Bulling, 105 Mo. 204. 15 S. W. 367. I-IEAVE T0. In maritime parlance and

srlmlrnlty law. To stop a sailing vessel's headway by bringing her bend “into the wind." that is, in the direction from which the wind blows. A steamer is said to be "hme to" when held in such a position that she takes the heaviest sens upon her quarter. The Hugo (D. C.) 57 Fed. 411.

HEBBIZRMAN. An unlawful fisher in the Thames below London bridge: so called because they generally fished at ebbing tide or vlater. 4 Hen. VII. c. 15; Jacob.

HEBBERTEEI‘. In Saxon law. The privilege of having the goods of a thief, and the trial of him, within a Certain liberty. Cowell.

HEBBING-WEARS. lug fish in ehhi.ng water. c. 5.

A device for catch- SL 23 Hen. VIII.

EEBDOMADIUS. A week's man; the canon or prebeudnry in a cathedral church, who had the peculiar care of the choir and the ofhces of it for his own week. Cowell.

HEOCAGIUM. In feudal law. Rent paid to a lord of the fee for a Liberty to use the engines called “hecks."

I-IECK. An engine to take fish in the river Ouse. 23 Hen. VIII. c. 18.

HEDA. A small hnven, whnrf, or landing place.

HI-IDAGIIIM. 'I‘oll or customary dues at the hlthe or wharf, for luudlng goods, etc., from which exemption was granted by the crown to some particular persons and societies. Wharton. _

HEDGE-BOTE. An allowance of wood for repairing hedges or fences, which a tennnt or lessee has a right to take off the land let or demised to him. 2 Bl. Comm. 35.

HEDGE-PRIEST. A vagabond priestln olden time.

IIEGEMONY. The leadership of one among several Independent confederate states.

I-IEGIRA. The epoch or account of time used by the Arabians and the Turks, who begin their computation from the day that lslnhomet was compelled to escape from

565

HEIB

Mecca, which happened on Friday, July 16, A. D. 622, under the reign of the Emperor Heracllus. Wharton.

ITEGUMENOS. The lender of the monks in the Greek Church.

EEIFER. A young cow which has not had a calf. 2 Fast, P. C. 616. And see State v. l\IcMinn, 34 Ark. 162; Mundell v. Hammond, 40 Vt. 645.

HEIR. At common law. A person who succeeds, by the rules of law, to an estate in lands. tenements, or hereditaments, upon the death of his nncestor, by descent and right of relationship. Hoover v. Smlth_. 96 Md. 393. :34 Atl. 102; Fletcher v. Holmes. 32 Ind. 510; Sewall v. Roberts. 115 Mass. 268; Dodge's Appeal, 106 Pu. 216. 51 Am. Rep. 519: Howeli v. Gifford, 64 N. J. Eq. 180, 53 Atl. 1074.

The term “beir" has a very different signification at common law from what it has In those states and countries which have adopted the civil law. In the latter, the term is indiscriminately applied to all persons who are called to the succession, whether by the act of the party or by operation of law. The person who Is created universni successor by a will is culled the “testamentary bei ;” and the next of kin ' hloood is, in cases of intestacy. cull- ed the heir at law," or "heir by intestacy." The executor of the common law in many respects corresponds to the testnmcntnry heir of the civil law. Again, the administrator in many respects corresponds with the heir by intestacy. By the common law, executors and ndministmtoxs have no right except to the personal estate of the deceased; whereas the heir by the civil law is authorized to administer both the pelsonai and real estate. Story, Confi. Ln\vs, §§ 57, 503.

In the civil law. A universal sucu.-ssor in the event of death. He who actively or passively succeeds to the entire property or estate, rights and obligations, of a decedent, and occupies his place.

The term "heir" has several significntions. Sometimes it refers to one who has formnlly ar- ceptcd a succession and taken possession there- of: sometimes to one who is called to succeed. hut still retains the fncultv of accepting or re- nouncing, and it is frequently used us upplicd to one who has formally rs-nnunccd. Mumford v. Bowman, 26 La. Ann. 417.

In Scotch law. The person who succeeds to the heritage or heritable rights or one decensed. 1 Forb. Inst. pt. 3, p. 75. The word has a more extended signification than in English law, comprehending not only those who succeed to lands-, but smrsw-nrs to personal property also. lVhnrton.

—I{ah- apparent. An heir whose ri-"*t of inheritance is lndefrnsihle. provided 1‘ outlive the ancestor: as in England the eldr t sun, or his issue, who must, by the course of the com- mon law, be heir to the father uhellever In: hnppcns to die. 2 Bl. Comm. 106 ‘l Steph. Comm. 359: Jones v. Fleming. 37 llnn (N. Y.) ‘130.—Heir at law. He who. after his scnestnr‘s death intestate, has a right to inhr-rij: all lands. tcnnmonts, and hcrerlir.-unents uhir-h belonged to him or of which he was seiscd. The same as “heir general." Forrest v. Porch

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100 Tenn. 391, 45 s. W. 678; In rs Asp(len's M