Page:Black's Law Dictionary (Second Edition).djvu/577

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HEREDITAMENTS

IEEREDITAMENTS. Things capable of being inherited, be It corporeal or incorpo- real, real, personal, or mixed, and including not only lands and everything thereon, but also heir-looms, and certain furniture which, by custom, may descend to the heir together with the land. Go. Litt. 5b; 2 Bl. Comm. 17; Nellis v. Mnuson. 108 N. Y. 453. 15 N. E. 739; Owens 1:. Lewis, 46 Ind. 508. 15 Am. Rep. 29a; Whitloch v. Greacen. 48 N. 1. Eq. 35!}. 21 Atl. 944; Mitchell v. Warner, 5 Conn 497; New York v. Mahie, 13 N. Y. 159. (54 Am. Dec. 538.

The term includes a few rights unconnected with land, but it is generally used as the widest expression for reai property of all kinds, and is therefore employed in conveyances after the words "lands" and “tenements,' to include everything of the nature of realty which they do not cover. Sweet.

-00:-pores! hereditaments. Substantial permanent objects which ma he inherited. The tcrm "land" will include all such. 2 Bl. Comm. 17: Whitlock v. Great-en, 48 N. J. . 359. 21 At]. 944: Cary v. Daniels. 5 Note. (Mass) 236: Gibbs v. Drew. 16 Fla. 147. 26 Am. Rep. 'i00.—Incn:-pores! horexlitnmentu. Anything, the subject of properly, which is inheritable and not tnngible or visible. 2 Woodd.

ct. 4. A right issuing out of a thing corpo- rate (Whether real or personal) or concerning or annexed to or exercisable within the same. 2 Bl. mm. 20; “'ashb. Real Prop. lrlegan v. Pendennis Clnb (l{y.\ 64 S. V\-'. 1Vhitloclr v. Greacen, 4 . _ , 9-1-1; Stone v. Stone, 1 R. . 428.

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HEEEDITARY. ject of inheritance.

—I-Iereditary disease. One transmitted or transmissible from parent to child in conse- qucncc of the infection of the former or the presence of the disease in his system, and without exposure of the latter to any fresh source of infection or coutagion.—Hex-erlitary right to the crown. The crown of England, by the positive constitution of the kingdom, has ever been descendihle, and so continues, in a course peculiar to itself, yet subject to limitation by parliament: hut, notwithstanding such limitation, the crown retains its (iescendible quality, and becomes hereziimry in the prince to whom it is iiruited. 1 Bl. 00mm 1 1. ' lnccession. Inheritance by Is scent; the title whereby a ersou, on the death of his ancestor, acquires his estate as his heir at law. Barclay v. (lameron 9' Tex ; In re Donahue'a Estate, 36 Cal. .332.

That which is the sub-

H}1RI:JE‘ARl-'.‘. Sax. A going into or with on auuy; a going out to war, (profectw mililaris,-) an expedition. Spelmau.

IEREGEAT. A heriot, (q. 1;.)

HEREGELD. sax. In old English law. A tribute or tax levied for the maintenance of an army. Speiman.

EERBIITORIUM. A place of retirement for hermlts. Mon. Angl. tom. 3, p. 18.

H1-IREMONES. Followers of an army. H]-JRENACH.

An archdeacon. Cowell.

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HERISCHULDA

HERBS. Heir; an heir. A form of hreres. very common in the civil law. See Hanna.

HZERESCHIP. In old Scotch law. Theft or robbery. 1 Pitc. Grim. Tr. pt. 2, pp. 26, 89.

HERESLITA, HEEESSA, II]-JRESSIZ. A hired soldier who departs without license. 4 Inst. 128.

{{anchor+|.|BIIRESY. In English law. An offense against religion, consisting not in a total de- nial of Christianity, but of some of its essential doctrines. publicly and obstinately avow- ed. 4 Bl. Comm. 44, 45. An opmion on divine subjects devised by human reason, openly taught, and obstinately maintained. 1 Hale, P. G. 384. This offense is now sub- ject only to ecclesiastical correction, and is no longer punishable by the secular law. 4 Steph. Comm. 233.

HERETOCH. A general, leader, or com- mnnder; also a baron of the realm Du Fresne.

HERETOFORE. This word simply de- notes time past, in distinction from time present or time future, and has no definite

and prerfise signification beyond this. Andrews v. Thayer, 40 Conn. 157. HERETUM. In old records A court or yard for drawing up guards or military retinue Cowell. H_E:R.!:ZELD. In Scotch law. A gift or

present made or left by a tenant to his lord as a token of reverence. Skene.

HERGE. In Saxon law. Otfendera who joined in a body of more than thirtyflve to commit depredations.

HERIGALDS. In old English law. A sort of garment CowelL

HERIOT. In English law. A customary tribute of goods and chattels, payabic to the lord of the fee on the decease of the owner of the land.

Heriots are divided into heriot service and henot custom. The former expression denotes such as are due upon a spcciai re~u rvatiou in a grant or lease of lands, and therefore amount to hltle more than a mere rent; the latter ar-so upon no special _|'ese1’\z|t|on whatever, but urpcnd solely upon Immemorial usage and custu .|. £11 Blécélomm. 422, See Adams v. Morse, .11

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HERISCHIID. In old English law. A species of military service, or knight's fee. Cowell.

HERISCIITILDA. In old Scotch law. A fine or penalty for not obeying the proclamation marle for warfare. Shene.

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