Page:Black's Law Dictionary (Second Edition).djvu/584

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


HOMESTEAD

house and the adjoining land, where the head of the famiiy dwells; the home farm. The fixed residence of the head of a family. with the land and buildings surrounding the iuniii house See Oliver v. Snowden, 18 I«‘ia. 825. 4.3 Am. Rep. 338; In re Allen (0211,) 16 Pac. 319; Mclieough v. l\IcKeouL:h, G9 Vt. 3-1, 37 Atl. 2 . Hoitt v. Webb. 36 N. H. 158; L-‘razer v. Weld. 177 Miss. 513, 59 N. E. 118; Lyon v. Hardin, 129 Ala. (H3, 29 South. 777; i\‘oirls v. Kidd. 28 Ark. 493.

Tcthnicully, however, and under the modern homestead laws, a homestead is an artificial estate in land. devised to protect the possession and enjoyment of the owner against the claims of his creditors, by with- drawing the propeity ti-om execution and forced sale, so long as the land is occupied as a home. Buckingham v. Buckingliani, 81 Mich. 89, 45 l\ l\. 504: Campbell v. Moran, 71 Nob. 615. 99 N. Vi. 499; Ikeu v. Oienlck, 42 Tex. 193: Jones v. Britton, 102 N. G. 166, 9 S. E. 5:4. 4 L. R. A. 178; Thomas v. I1‘ulfoi'd. 117 N. C. 667. ‘.’3 S. E. 35; Ellingzer v Thomas. 64 Kan. 190, 67 Pac. 529; Galligher v. Smiley, 28 Nab. 180, 44 N. W. 137, 20 Am. St. Rep. 319.

——Busines. homestead. In Texas. a. place or property ((li“*lIlCt from the home of a_famiiy) us and I-13! uni by lhe_ head of a_famiiy as a place to eXCl'f‘i - his calling or business, which is exempt by lnW. Alexander v. Lovitt (Tex. Civ. App.) fili S W. (380: Ford _ (Tex. Civ. App.) 25 S. W. 448. A curious mis- noiue , the uorrl “hori:estt-ad" in this phrase having lost entirely its original meaning, and being retained apparently only for the sake of its remote and derivative I-iss0Ci'l[‘1ou with the idea of an exemption.-1-Iomestesd corporations. Co oralions organized for the purpose of acqiiiring suds in large tracts, pay1'n'.:_ofi‘ ‘ID- cumbrances thereon. improving and subdividing them into homestend lots or parcels, and distributing them among the shareholders, and for the acciimiiiation of a fiiud for such pln'pos7- es. Civ. Code (‘al. § 557.—Ho1nesten.d entry. See EN'i‘iiY.—Humestead exemption laws. Laws pa- ;ed in most of the states allowing a householder or head of a fa ' v to (iI"SiL'n.'li’i’) a house and land as his homcstefld, and exempting the same hnmcstcud from FS\'(liCl0I‘l for his general debts.—-‘P1-olmtaehmnestead. A homestead set apart by the court for the use of_a surviving husband or wife and the minor chil- drcn out of the common propertv, or out of the real estate belcneing to the dccensed. In re Noah's Fstatc. 73 (‘hi 590. 15 Pitt‘. 29“. 2 Am. St. Rep. 83«l»—'Uz-bun homestead. The residence or dwelling place of a farruly in B citv. claimed or set. apart as u. homr tcnd. icniuding the principal house_snd lot, and such lots as are used in connection therewith, contrihi: ing to its en_1'o_vir~nt. comfoit, and con- veifini 9 Fr iv 1 _:nrd (Tex. Civ ippi 25 S. _ 44?: Harris v. Matthews, 36 '__l'.‘ex. 424. S1 5 W ]‘20-1.

v. l<‘os;_:ard

HOMICIDAL. Pertaining to homicide; relating to homicide; inipeiling to homicide; us a homicidal mania. (See INBANITY.)

HOMICIDE. The killing of any human creature. 4 Bl. Comm. 177. The killing of one human being by the act, procurement. or omission of niiothei-. Pen. Code N. Y. § 179. The act or a human being in taking assay the

576

HOMICIDE

life of another human being. Sanders v. State, 113 Ga. 267, 38 S. E. 842; People v. Hill. 49 Hun, 432, 3 N. Y. Supp. 564: Maher v. People, 10 Mich. 212, 81 Am. Dec. 781; State v. Lodge, 9 Houst. (Dei.) 542, 33 Atl, 312; Com. v. Webster. 5 Cush. (M.-1.-'s.) 303, 52 Am. Dec. 711.

Homicide is not necessarily a crime. It is a nercssary in..redient; of the crimes of murder and manslaughter, but there are other mix». in which homicide may he com-rnittcd vvnnnt criminal intent and without criminal t‘(lI.‘-li[IIEl}- ces, as, where it is done in the iauful ei L\!l|[\)|1 of a judicial sentence, in self-defense, or no the only possible means of arresting amesosping feion. The term “homlcide" is neutral; v..‘iIle it describes the act, it pronounces no juliziucut on its moral or legal quality. See People v. £_p_nnors, 13 Misc. Rep. 5%. 35 N. Y. Supp.

1-’).

Classification. Homicide is ordiuari classified ns “justifi-able," “ercusahle," and ‘ eionious" For the definition of these terms, and of sonic niliP1‘ compound terms. se infra. —Culpa'b1e homicide. Described as a crime varying from the very lowest cuipabi ty. up to the verv verge of murder. Lord ll-Ionr . '- ley. 7"—I-Ixcusubln lunnicidn. Tile killing of a h man being, either by misadventure or in scii'~d(- cuse. U. S. v. King (0. C.) 34 Fnl. 306: State v. Miller, 9 Houst. (Deli .301. 3?. Ari. 137; State v. Revnolds. 42 Kan. 320. 22 Pac. 410. 16 Am. St. Rep. 433; Hopki—...n v. People. 18 Iii. 2G5: Bassett v. Stair 11 Fin. 2. 33 South. 204. e name itself imports smu- faiiit, error, or omission. so trivial, i]0W'lu\'L that the law excuses it from guilt of felony. though in strlctness it judges it deserving of some little degree of punishment. 4 Bl. Comm. 132. it is of two sorts,—citl1cr per in.fortiina'- um, by misadventure, or as dl-feiidpmln, upon a sudden a[Fray. Homicide per infnrtmiinm is where a man. doing a lawful act, without any intention of hurt. unfortunately kiiis another; hut, if death ensue from any unlswfui act, the offense is mansiaucliter, and not mimdvcntare. Homicide so ilnzfcn-rlcndo is where a mnn kiiis another upon a sudden alfray. merely in his own defense, or in defense of his wife. child, parent, or servant, and not from any vindictive feeling. 4 Bl. Comm. i82.—Pelonious Immioide. 'I'iie wrongful killing of a human hcinz. of any age or either s K, without justifimtino or excuse in law; of which oEl’s-use there are two degrees, manslaughter and murder. 4 Fl. Comm. I90: 4 Staph. Comm. 111.-—Homicido by misadventure. The accidental killing of another, where the siaycr is doing a lawful net, unaccompanied by any erirniruiily careless or reckless conduct. ’State v. Miller, 9 Hm-.‘ Del‘! 564. 32 Ati. 137: U. S. v. iilengher (C.

.) 37 Fed 870. The same as "homicide pm‘ €1Ifnrtum'»u/m.."—}?osnicide per info!-tunisnn. Homicide by misfortune, or accidental homi- ride; as where a man doing a. lawful act, without auy intention of hurt. unfortunately kills nnuther; a species of excusable homicide. 4 Bl. Comm. 18": 4 Steph. Comm. 101.—I-Iornicide se defendendo. Homicide in self-dc- fense: the killing of 11 person in self-defense upon a sudden nlfr-iiy, where the sin er had no other possible (or. at least, probable means of escaping from his assaiiant. 4 Bl. Comm 181}- 1%: 4 Steph. Com.m. 103-105. A specie f err-usable homicide. Id.: 1 Russ. Ci-liii.~ —Jnatiflnble homicide. Such as is committed intentionally, but without an evil rlwign. and under such circumstances 0 ncccs wry or duty as render the act proper, and reiieve the pony from any shadow of blame: as where a sheriff lawfully executes a scntence of death upon a malefactor, or vihere the hiilinz: l'"'(es place in the I-udcaior to prevent the comm'v<Ion

of felony which could not be otherwise avoided