Page:Black's Law Dictionary (Second Edition).djvu/576

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HERALD

HERALD. In ancient law, a herald was a diplomatic messenger who cariied messages between kings or states, and especially proc- hniations of war, peace, or trace. 1n English law, a herald is an officer whose duty is to keep genealogical lists and tables, ad- just armorial bearings, and regulate the ceremonies at royal coronntions and funerals. —Hex-aids’ College. In England. An ancient royal corporation, first instituted by Richard iii. In 1-183 It comprises three kings of arms, six heralds, and four marshals or nursuivnnts of arms. together with the sari marshal and a secretary. The heralds’ books, compiled when progresses were solemnly and regularly made into every part of the ldngdom, to inquire into the state of families, and to register such marriages and dost-eats as were verified to them upon oath, are allowed to be g0_0d evidence of pedigrees. The heiaids‘ office ls stlii allowed to make grants of arms and to permit change of names. 3 Starisie. Ev. 843: Wharton.

HERALDRY. The art, office, or science of heinlds. Also an old and obsolete abuse of bnying and selling precedence in the pa- per of causes for hearing.

HERBAGE.}} In English law. An easement or liberty, which consists in the right to pasture cattie on another‘s ground.

Feed for cattie in fields and pastures. Br-act fol. 222; C0. Lltt. 46: Shep. Tonch. 97. A right to herbage does not include a night to cut grass, or dig potatoes, or pick apples. Simpson v. Coe. 4 N. H. 303.

HERBAGIUM ANTERTUS. The first crop of grass or hay, in opposition to aftermath or second cutting. Paroch. Antiq. 459.

HERBENGEE, or EARBINGER. An officer in the royal house, who goes before and allots the noblemen and those of the household their lodgings; also an innkeeper.

HERBERGAGIUM. Lodgings to receive guests in the way of hospitniity. Cowell.

IIERBERGARE. To harbor; to entertain.

HERBERGATUS. Earbored or entertained in an inn. Cowell

I-EERBERY, or HEBBURY. Ah inn. Cowell.

HI-IRCIA. A harrow. Fleta, lib. 2. C. 77.

IEERCIARE. To hurrow. 4 Inst 27!).

IIERCIATURA. In old English law.

Hal.-rowing; work with a harrow. 2, c. 82, § 2.

Fleta, lib.

HERCISCUNDA. In the civil ia\v. To be divided. Fannlm herciscunda, an inherit- ance to be divided. Actin fannlio: herois- mmdm, an action for dividing an inheritance. Ercisou-nda is more commonly used in the civil law. Dig. 10, 2; Inst. 3, 28, 4; Id. 4. 6, 20.

568

HEREDITAGIUM

HERD, 11. An indefinite number. more than a few, of cattle, sheep, horses, or other animals or the larger sorts, assembled illnl kept together as one drove and under one care and management. Brim v. Jones, 13 Utah, 440, 45 Pac. 352.

HERD, v. To tend, take care ot, manage, and control a herd of cattle or other animals, implying something more than merely driving them from place to place. Phipps v. Grover, 9 Idaho, 415, 75 Pac. 65; Fly v. Elubner. 35 Or. 184, 57 Pac. 420.

HERDER. one who herds or has charge of a herd of cattle, in the senses above defined. See Hooker v. 1\1cAllister, 12 Wash. 46, 40 Pac. G17; Underwood v. Birdseii, 0 Meat. 142, 9 Pac. 922; Rev. Codes N. D. 1899, § 15440.

HERDEWTICII. cattle or husbandry.

A grange or piece for Mon. Angl. pt. 3.

H E B, D W E B, C H, I-IEORDIVERCH. E[erdsmen's work, or customary labor, done by shepherds and inferior tenants, at the will of the lord Cowell.

EEREAPTER. A word of tuturity, al- ways used in statutes and legal documents as indicative of future time, excluding both the present and the past Uhnplnnn v. Holmes, 10 N. J. Law, 26; Tremont & S. Mills v. Lowell, 165 Mass. 265, 42 N. E. 1134; Dobbins v. Cragin, 50 N. J. Eq. (:40, '23 Atl. 172; Thomas v. Mueller, 106 Ill 43.

HERIIBANNUM. In old English law. A proclamation summoning the army into the field.

A mulct or fine for not joining the army when summoned. Spelman.

A tax or tribute for the support of the army. Du Gauge.

HEREBOTE. The royal edict summoning the people to the field. Cowell.

HIIREDAD. In Spanish law. A piece of land under cultivation; a cultivated farm, real estate: an inheritance or heirship. —I-ex-cdad yacente. From Lat. “hcarcrlitaa iLlL'L'll8_" (:1. 1:.) In Spanish law. An inheritance not yet entered upon or appropriated. White, New Recop. b. 2. tit. 19. c. 2. § 8.

HEREDERO. In Spanish law. Heir; he who, by legal or testamentary disposition, succeeds to the property of a deceased person. "Huzres censeizt-ur cum defunelo um: etzdcmque persona." Las Pal-tidas, 7, 9, 13; See Etnerie v. Alvarado, 64 Cal. 529, 2 Pac. 433.

HIIREDITAGIUM. In Sicilian and Ne- apolitan law. That which is held by hereditary right; the some with hercdimmentum

(hererlitament) in English law, Spelman.