Page:Black's Law Dictionary (Second Edition).djvu/583

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HOMAGE

the latter sitting, and held his hands extended and joined between the hands of the lord, and said: "I become your man [homo] from this day forward, of life and limb and earthly honor, and to you will be faithful and loyal, and bear you faith, for the tenements that I ciaim to hold of you, saving the faith that I owe unto our sovereign lord the king, so belp me God.” The tenant then received a kiss from the lord Homage could be done only to the lord himself. Litt. § 85; Glanv. lib. 9. c. 1; Bract. fois. 77b. 78-80; Wharton. "llomage" is to be distinguished from “te;\lty." ‘another incident of feudalism, and which consisted in the solemn oath of fidelity made by the vassai to the lord, whereas hom- age was merely an acknowledgment of ten- ure. I.f the homage was intended to include fealty, it was called “ilege 1iomage;" but otherwise it was called “simple homage.” Brown. —!-Iomnge ancestral. In feudal law. Hom- age was called by this name where a man and his ancestors had immemorinlly held of another and his ancestors by the service of homage. which bound the lord to warrant the title, and also to hold the tenant clear of aii services to superior lords. If the tenant aliened in fee, his alicnee was a tenant by homage, but not hv homage ancestril. Litt. § 143; 2 Bl. Comm. Homage jury. A jury in a court baron. consi mg of tenants that do homage, who are to inquire and make presentmrnts of the death of tenants. surrenders, arlmittrmces, and the lil(e.—Ho1nn.ge ‘liege. That kind of homage which was due to the sovereign alone as su- preme lord, and which was done without any saving or exception of the rights of other lords. Spelrnan.

HOMAGIE. One who does or is bound to do homage. Cowell.

HOMAGIO RESPECTUANDO. A writ to the escheator commanding him to do liver seisin of lands to the heir of the kl.ug's tenant. norwlthstanrflng his homage not done. Fltzh. Nat Brev. 269.

I-IOMAGIUM. L. Lat. Homage. (41. 0.)

—Homagium li Inn. Liege homage; that kind of homage which was due to the sovereign alone as supreme lord, and which was done without any saiine or exception of the rights of other Innis. Spelman. So called from lvgvm» do. lbindins.) because it could not he renounc- ed like a inds of homa:e.—Hn1na um plannln. In feudai Law. Plnln homaec: a. species of homage which bound him who did it to nothing more than fidelity, without any ob- ligation either of military service or attendance in the courts of his superior. 1 Rnherts0n's (‘ar. V.. Appendix, note S.—Homa.gin1n redder-e. To renounce homage. This was when a vassal made a solemn declaration of dlsown- inc and defying his lord; for which there was a set form and method proscribed by the feudal laws. Bract. l. 2. c. 35, § 3?.—Hom.agium Ilmplex. In feudal law. Simple homage; that kind of homage which was merely an ac- knowledgment of tenure, With a saving of the fights of other lords. Harg. Co. Litt. note 18. lib. 2.

Homnginm, nan per procuxhntores nee per liter-in flerl potult, led in proprln

67

5 HOMESTEAD

persona tam domini qnam tenentis cap! debel: at flerl. Co. Litt. 68. Homage cannot be done by proxy, nor by letters, but must be paid and received in the proper person, as well of the lord as the tenant.

HOMBRE IBUENO. In Spanish law The judge of a district. Also an arbitrator chosen by the parties to a suit. Also a man in good standing; one who is competent to testify in a suit.

HOME. When a person voluntarily takes up his abode in a given piace, with intention to remain permanently, or for an indefinite period of time, or Without any present intention to remove therefrom, such place of abode becomes his residence or home. This word has not the same technical meaning as “domicile.” See Langhauimer v. Mnnter, SO Md. 518, 31 Atl. 300. 27 L. R. A. 3520; King v. King, 155 M0. 406, 56 S. W. 534; Dean V. Cannon, 37 W. Va. 123, 16 S. E. 44-i; Jetterson v. Washinglon. 19 Me. 203: Welch v. Wheipiey, 62 Mich. 15, 28 N. W. 744. 4 Am. St. Rep. 810; Warren v. Thomastou. 43 Me. 418, 69 Am. Dec. 69.

—Homo ofilne. The department of state tlirongh which the English sovereign administers most of the internal airs of the kingdom, especially the police, and communicates with the judicial functionaries. As applied to a corporation, its principal office Within the state or country w_here it was incor orated or formed. Rev. St. Tex. 1895. art. 30.)lia.—!-Iona port. In tnaritiine law, the home port of a vessel is either the port where she is registered or en- rolled, or the port at or nearest to which her owner usually resides. or, if there be more than one owner, the port at or nearest to which the hushnnrl or acting and manauing owner resides. W'hite's Bank v. Smith, 7 Wall. 651. 19 L. Ft}. 211; The Ellen Ilolgate (D. 1".) 30 Fed. 125: The Albany. 1 Fed. ‘as. 2-98: Pom. v. Ayer & Lord Tie Co.. 77 S. W. 693. 25 l's’._ . Law Rep. 1068. But for some purposes any port where the owner happens at the time to be with his vessel is its home port. Case v. Woolley, 6 Dana (K_v.) 27, 32 Am. Doc. 54 —Home rule. In constitutional and statutory law. local seif-government, or the right thercnf, Attorney General v. Lowrey. 131 Mich. 630. 92 N. W. 289. In British poli ' s. a prasmmnie or plan (or a more or less definitely formulated demand) for the right of local self-government for Ireland under the lead of an Irish national parliament.

HOME, or HOMME. L. Fl‘. Mun: mun

B.

Home ne aera. puny pur suer des bx-icfes on court 1e 1-oy, soil: ii. a (bait on a tort. A man shall not be punished for suing out write in the king's court, whether he be

right or wrong. 2 Inst. 228. HOMESOKEN, HOMSOKEN. See Hamnsoxrn. HOMESTALL. A mansion-house. Dick- inson v. Mayer, 11 Heisk. (Ten.n.) 521. HOMESTEAD. The home place; the

place where the home is. It is the home, the

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