Page:Black's Law Dictionary (Second Edition).djvu/586

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HOMOLOGATION

rion of some set. is also used in Louisiana. 104 La. 524, ‘Z9 South. 232.

In English law. An estoppel in pots. L. R. 3 App. Cas. 1026.

In Scotch law. An act by which a person approves of a deed, the effect of which is to render that deed. though in itself detective, binding upon the person by whom it is homoiogated Bell. Confirmation of n voidnbie deed.

Merl. Repert. The term Hecker v. Brown.

HOMONYMUE. A term appiied in the civil law to cases where a law was repeated, or laid down in the same terms or to the same elfect, more than once. Cases or iter- ation and repetition. 2 Kent, Comm 489, note.

HONDHABEND. Sax. Having inhand. See HANDHABEND.

HONTESTE VIVERE. Lat. To live hon- orably, cred.itaiiiy_ or virtuousiy. One of the three general precepts to which Justinian reduced the whole doctrine of the law, (Inst. 1, 1, 3; Bract. fois. 3. 3b,) the others being ollerum non lwdere, (not to injure others) and 31mm cuique tribucre, (to render to every man his due.)

HONESTUS. Lat, of good character or standiug. 001-am dunbus rel plaribmi -ciris lcgalibus at honestis_ before two or more lawful and good men. Brnct. fol. 61.

HONOR, v. To accept a hill of ex-

change, or to pay a note, check, or accepted blli, at maturity and according to its tenor. Peterson v. Hubbard, 28 Mich. 199; Clarke v. Cock. 4 East, 72; Lucas v. Groning, 7 Taunt 168. —-Act of honor. When a hill has been protested, and a third person wishes to take it up. or accept it, for the “linnnr" (credit) of one or more of the parties, the notary diaws up no instrument, evidencing the transaction, which is cnlied by this name.

HONOR, n. In Ihiglish law. A seign- iory of several mauors held under one baron or lord paramount. Also those dignilies or privileges. degrees of nobility, knight- hood, and other titles, which flow from the crown as the fountain of honor Wharton.

In American law. The customary title of courtesy given to judgen or the higher couits, and occasionally to some other officers; as “his honor," "your honor."

—Hono1- courts. Tribunals held within hon- ors or seigniories.—0mce of honor. As used in constitutional and statutory provisions. this u-rm denotes a public office of considerable (lig- uity and importance, to which important public trusts or interests are confided, but which is not compensated by any salary or fees, being thus contrasted with an "office of profit." See Dickson v. People. 17 Ill. 193.

HONORABLE. A title of courtesy given ln England to the younger children or

578

HOOKLAND

earls, and the children or viscounts and bar- ons: and, collectively, to the house of com- mons. In America, the word is used as n ijtle of courtesy for various ci-isses of oilicials, but without any clear lines at distinc tion.

HONORARIUM. In the civil law. An honorary or free gift; a gratuitous payment. as distinguished from hire or compensation for service; a lawyer's or counsellor‘: tee. Dig. 50, 13, 1, 10-12.

An lionorul-iwm is a voluntary donation. in consideration of services which admit of no compensation in money: in particular, to ad- vocates at low, deemed to pl'E(tiCe for honor or influence, and not for fees. McDonald v. Na- pier, 14 Ga. 89

HONORARIUM JUS. Lat. In Roman law. The law of the prsetors and the edicts of the sediies.

HONORARY. As applied to public offices and other positions of responsibility or trut. this term means either that the office or title is bestowed upon the incumbent as a mark of honor or compliment, without intending to charge him with the active discharge or the duties or the place, or else that he is to re ceive no salary or other compensation in maney, the honor conferred by the 1l1C'|lmbEI|l3' of the office being his only reward. See HIlS~ wcii v. New York, 81 N. 1'. $8. In other connections, it means attached to 01' SYDNing out of some honor or dignity or honorable oiflce, or eise it imports an obligation or duty growing out of honor or trust only, as distinguished from legal accounmiiiity. —Honoi-ery canons. Those without emolu- ment. 3 & 4 Vict. c. 113, § 23.-Honorary fends. Titles of nobility desceudiiile to eidest son, in exclusion of all the rest. 2 Bi. Comm. 51"r—I'Iuno1‘ax'y services. In feiidnl law. Special services to be rendered to the king in person. cli:«u'nI'teristir‘ of the tenure by grand scrjeanty: such as to carry bis banner, his sword, or the like, or to be his hutler, cheni-

ion, or other officer. at his coronation. Litt. 15. 2 Bl. Comm. 73.—I-Ionorary trustees. Trnstecs to preserve contingent reniainilr-rs, so coiled because they are bound, in honor only, to decide on the most proper and prudential course. Lewln, Trusts, 408.

HONORIS EU-JSPECTUIVI. By reason of honor or privilege. See CHALLENGE.

HONTFONGENETIIEF. In Saxon law. a thief taken with hondhahenrl; i. 2., hair» ing the thing stolen in his hand. Coiveii

HONY. L. Fr. Shame; evil; disgrace. Ham; suit qul met 11 pcnac, evil be to him who evil thinks.

H00. In old English law. A hlli. Co. Litt. 5?).

HOOKLAN D. every year.

Land plowed and sown