Page:Black's Law Dictionary (Second Edition).djvu/582

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HOLD 574 HOMAGE

2. To be the grantee or tenant of another; to take or have an estate from another. Properly. to have an estate on condition of paying rent, or performing service

3. To adjudge or decide. spoken of a court, particularly to declare the conclusion of law reached by the court as to the legal effect of the facts disclosed.

4. To maintain or sustain; to be under the necessity or duty of sustaining or proving: as when it is said that a party "holds the affirmative" or negative of an issue in 11 (‘-‘IIISE.

5. To hind or obligate; to restrain or constrain: to keep in custo(’Lv or under an ob- ligation: as in the phrases "hold to ball." "hold for court." "held and firmly bound,” en-

6. To adnii ister: to conduct or preside at: to convoke. open, and direct the operations of; as to hold a court, hold plans, etc. Smith v. People 47 N. Y 334.

7. To prosecute; to direct and bring about officially; to conduct according to law; as to hold an election.

S. To possess; to occupy: to be in possession and administration of; as to hold office.

—Huld over. To hold possession alter the expiration of a term or lease. To retain possessinn of property leased. after the end of the trim. To continue in possession of an omce mid continue to exerdse its functions. after the end of the nlliCcr's lawful tern]. State V. Simon, 20 Or. 305, 20 Pac. ]T-1: Frost v. Akron Iron 00.. 1 App. Div. 449. 37 N. Y. Supp. 374.—Ho1d leas. To hear or try causes. 3 Bl. Comm. 3, _

HOLD, ii. In old law. Tenure. A word constantly occurring in conjunction with others, as frcelzold. luzsclioltl, oopyliolil. etc._ but rarely met with in the separate form.

HOLDER. The holder of a bill or ex- change. promissory note, or check is the person who has legally acquired the possession of the same, from a person capable or transferring it, by iiulnrsenieiit or delivery, and who is entitled to receive payment of the instrument from the party or parties iiuliie to meet it. Bowling v. Harrison. 6 How 2573. 12 L. Ed. 425: Crocker-Woolworth Nut. Bank v. Nevada Bank. 1529 Cal. 504. 73 i‘aC. 456, ns L. R. A. 245. 96 Am. st. Rep. 169; Rice v, Hogan, 8 D'1lL'l (Kv.) 135; Rev. Laws Mass. 1902, p. 653, § 207.

—Holder in due course, in English law. is '1 ll1)l(l\"l‘ who has taken a bill of exchange (check or note) coniplr-tc and regular on the face of it, under the following conditions, name- ly: (ii) That he hccam_e the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact. (bl That he took the bill (check or note) in good faith and for ialiic, and tbnt at the time it was negotiated to him he had no notice of any defect in the title of the person who nenotintcd it." Bills of Exchange Act. 1382. (42. & 46 Vict. c. 61. § 29. And see Sutherland \. Mead, 80 App. Div. 1 , 80 N. Y. Supp. 504:

HOLDES. Sax. in Saxon law. A milltiiry commander. Spelmau.

HOLDING. In English law. A piece of land held under a lease or similar temiiicy for agricultural, pastoral, or similar purposes.

In scotch law. The tenure or nature of the right given by the superior to the vassai. Bell.

—Holding over. See Hon), -i:.—Holdjng up the hand. In criminal practice. A formality observed in the arraignment of pl'lS(Jlit‘lS. Held to be not absolutely necemary. ‘. Bl.

HOLIDAY. A religious festival; in day set apart for commemorating some important event in history; a day of exemption from labor. Webster. A day upon which the usual operations of business nre suspended and the courts closed, and, generally. no legal process is served.

—Legn.l holiday. A day designated by law as exempt from judicial proceedings. service of process, demand and protest of mmercini pn- per, etc.—I-‘nblin holiday. A legal holiday.

HOLM. Spehiian.

Plain grassy ground upon water sides or in the water. Biouut. Low grouud intersected wlth streams. Spelnian.

An island in B. river or the sea.

HOLOGRAFO. In Spanish law. A holograph. An instrument (particularly a will) wholly in the handwriting of the person executing it; or which, to be valid, must be so written by his own hand.

HOLOGRAJPH. A will or deed Written entirely by the testator or grantor with his own hand. Estate of Billings, 64 Cal. £1, 1 I'ac. 701; I-larrlson v. Weatherby. 180 iii. 418, 54 N. E. 237.

HOLT. _:Sax. wood or grove. 4b.

In old English law. A Spelinnn; Cowell; Co. Litt.

HOLY ORDERS. In ecclesiastical law. The orders of bishops, (including archbish- ups,) priests, and deacons in the Church of England. The Roman ciinonists had the orders of bishop. (in which the pope and arch- -liishops were included.) priest. deacon, sub- deacon, psaimist, ai.ol_vte, exnrcist, reader, ostiarlus. 3 Stcph. Comm. 55, and note a.

HOMAGE.}} in feudal law. A service (or the ceremony of rendering it) which ii tenant was bound to perform to his lord on receiving investiture of a tee, or succeeding to it as heir, in acimowiedgnient of the ten- ure. It is described liv Littleton as the most honorable service of reverence that a free tenant might do to his lord The ceremony was as follows: The tenant, being uiigirt and with bare head. knelt before the lord.

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