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Harbor
Harbor (sax.lhere-berga, Station For An Army). A Place Where Ships May Ride With Safety ; Any Navigable Water Protected By The Surrounding Country ; A Haven. It Is Public Property. Harbor Is To Be Distinguished From "port," Which Has A Reference To The Delivery Of Cargo. See 7 M. & ...

Harter Act
Harter Act. A Name. Commonly Ap Plied To The Act Of Congress Of February 13, 1893. It Provides (§ 1) That Agreements In A Bill Of Lading Relieving The Owner, Etc., Of A Vessel Sailing Between The United States And Foreign Ports, From Liability For Negli Gence Or Fault In ...

Health
Health. Freedom From Pain Or Sick Ness ; The Most Perfect State Of Animal Life. It May Be Defined As The Natural Agreement And Concordant Disposition Of The Parts Of The Living Body. By The Act Of March 3, 1879, R. S. Suppl. 480, En Forced By Subsequent Acts, A ...

Hearsay Evidence
Hearsay Evidence. That Kind Of Ev Idence Which Does Not Derive Its Value Solely From The Credit To Be Given To The Witness Himself, But Rests Also, In Part On The Veraci Ty And Competency Of Some Other Person. 1 Phill. Ev. 185. Hearsay Evidence Is Incompetent To Estab Lish ...

Heir
Heir. He Who Is Born Or Begotten In Law Ful Wedlock, And Upon Whom The Law Casts The Estate In Lands, Tenements, Or Heredita Ments Immediately' Upon The Death Of His An Cestor. Thus, The Word Does Not Strictly' Ap Ply To Personal Estate. ' Wms. Per. Pr. Ordinarily Used ...

Heirloom
Heirloom. Chattels Which, Contrary To The Nature Of Chattels, Descend To The Heir Along With The Inheritance, And Do Not Pass To The Executor. This Word Seems To Be Compounded Of Heir, And Loom, That Is, A Frame, Viz. To Weave In. Some Derive The Word Loom From The Saxon ...

Hidalgo
Hidalgo (spelled, Also, Hijodalgo). In Spanish Law. He Who, By Blood And Lineage, Belongs To A Distinguished Family, Or Is Noble By Descent. Las Partidas 2. 12. 3. Hide (from Sax. &oen, To Cover ; So, Lat. Teetum, From Tegere). In Old English Law. Originally A Building With A Roof; ...

High Seas
High Seas. The Uninclosed Waters Of The Ocean, And Also Those Waters On The Sea Coast Which Are Without The Boundaries Of Low-water Mark. U. S. V. Ross, 1 Gall. 624, Fed. Cas. No. 16,196; U. S. V. Grush, 5 Mas. C. C. 290, Fed. Cas. No. 15,268 ; 1 ...

Hindu Law
Hindu Law. The System Of Native Law Prevailing Among The Gentoos, And Adminis Tered By The Government Of British India. It Is Not The Law Of India Or Of Any De Fined Region. It Is The Law Of Castes, Class, Orders And Even Families Which The Hindus Carry About With ...

Hipoteca
Hipoteca. In Spanish Law. A Mort Gage Of Real Property. Johnson, Civ. Law Of Spain, 156 [149]; White, New Recop. B..2,1 Tit. 7. A Bailment In Which Compensa Tion Is To Be Given For The Use Of A Thing, Or For Labor And Services About It. 2 Kent 456; Story, ...

Holding Company
Holding Company. A Corporation Or Ganized To Hold The Stock Of Another Or Other Corporations. Such Companies Become Legally Possible By Virtue Of The Legislation, Which Is Said To Exist In Nearly All The States, Which Authorizes A Corporation To Hold And Own The Capital Stock Of Other Corporations. Edgar ...

Holiday
Holiday. A Religious Festival; A Day Set Apart For Commemorating Some Important Event In History ; A Day For Exemption From Labor. Webster, Diet (webster Applies Holyday Especially To A Religious, Holiday To A Secular Festival.) In England They Are Either By Act Of Legislation, Or By Ancient Usage, And ...

Hombre Bueno
Hombre Bueno. In Spanish Law. The Ordinary Judge Of A District. Arbitrators Chosen By Litigants To Deter Mine Their Differences. Persons Competent To Give Testimony In A Cause. L. 1. T. 8, B. 2, Fuero Real. H 0 M E. That Place Or Country In Which One In Fact Resides ...

Homicide
Homicide (lat. Homo, A Man, Cedere, To Kill). The Killing Any Human Creature. 4 Bla. Com. 177. Excusable Homicide Is That Which Takes Place Under Such Circumstances Of Accident Or Necessity That The Party Cannot Strictly Be Said Have Committed The Act Wilfully And Intentionally, And Whereby He Is Re ...

Hommes Feodaux
Hommes Feodaux (fr.). In Feudal Law. Feudal Tenants; The Same With Hom Mes De Fief (q. V.). Montesq., Esprit 'des Lois, Liv. 28, C. 36. Homo (lat.). A Human Being, Whether Male Or Female. Co. 2d Inst.. 45. In Feudal Law. A Vassal; One Who, Hav Ing Received A Feud, ...

Horse Rac E
Horse Rac E. Any Race In Which Any Horse, Mare, Or Gelding Is Run Or Made To Run In Competition With Any Other Horse, Mare, Or Gelding Or Against Time, For Any Prize Of What Nature Or Kind Soever, Or For Any Bet Or Wager Made Or To Be Made ...

House Of Ill Fame
House Of Ill-fame. A House Resorted To For The Purpose Of Prostitution And Lewd Ness. State V. Evans, 27 N. C. 603. A Disorderly House Need Not Be A Dwelling House. "however Lexicographers May Define The Word 'house,' It Is Clear The Legislature Has Used It As Genetic, And Has ...

House Of Representatives
House Of Representatives. The Name Given To The More Numerous Branch Of The Federal Congress, And Of The Legislatures Of The States Of The United States. The Constitution Of The United States, Art. I. S. 2, § 1, Provides That The "house Of Repre Sentatives Shall Be Composed Of Members ...

Hundred
Hundred. In English Law. A Division Of A County, Which Some Make To Have Orig Inally Consisted Of One Hundred Hides Of Land, Others Of Ten Tithings, Or One Hundred Free Families. See Regan V. R. Co., 60 Conn. 124, 22 Atl. 503, 25 Am. St. Rep. 306. It Differed ...

Husband And Wife
Husband And Wife. The Parties Tv The Marriage Relation. Mutual And Marital Relations. The Lia Bilities, Rights And Duties Of The Husband And Wife, Both With Respect To Each Other, And As To Third Persons, Necessarily Depend Large Ly Upon The Legal Conception Of The Relation Existing Between Them Which ...

Hustings
Hustings. In English Law. The Name Of A Court Held Before The Lord Mayor And Aldermen Of London : It Was The Principal And Supreme Court Of That City. See Co. 2d Inst. 327; St. Armand, Hist. Essay On The Legisl. Power Of England 75. A 'house-thing' As Distinct From ...

Hypnotism
Hypnotism. Artificial Catalepsy ; In Duced Somnambulism ; A Method Of Artificial Ly Inducing Sleep; Artificial Somnambulism. The Following Summary Of The Physical Manifesta Tions Accompanying Hypnotism, Is Given In The In Ternational Cyclopedia: "this Is A Term Invented By The Late Mr. Braid, Of Manchester, To Designate Certain Phenomena ...

Hypothecation
Hypothecation. A Right Which A Creditor Has Over A Thing Belonging To An Other, And Which Consists In A Power To Cause It To Be Sold, In Order To Be Paid His Claim Out Of The Proceeds. There Are Two Species Of Hypothecation, One Called Pledge, Pignus, And The Other ...

Hypothetical Question
Hypothetical Question. A Question Put To An Expert Witness Containing A Recital Of Facts Assumed To Have Been Proved Or Proof Of Which Is Offered In The Case, And Re Quiring The Opinion Of The Witness Thereon. It Must Present Fairly The State Of Facts Which The Counsel Claims To ...

I M Propriation
I M Propriation. The Act Of Employing The Revenues Of A Church Living To One's Own Use : It Is Also A Parsonage Or Ecclesiastical Living In The Hands Of A Layman, Or Which Descends By Inheritance. Techn. Diet. The Transfer To A Layman Of A Benefice To Which The ...

Ibidem
Ibidem (lat.). The Same. The Same Book Or Place. The Same Subject. Ic E. Ice Formed In A Stream Not Naviga Ble Is Part Of The Realty, And Belongs To The Owner Of The Bed Of The Stream, Who Has A Right To Prevent Its Removal; State V. Pott Meyer, ...

Idem Sonars
Idem Sonars (lat.). Having The Same Sound. In Indictments And Pleadings, When A Name Which It Is Material To State Is Wrong Ly Spelled, Yet If It Be Idem Sonans With That Proved, It Is Sufficient. The Following Have Been Held To Be Idem Sonans, Segrave For Seagrave ; 2 ...

Identification
Identification. "evidence Of Person Al Identity Which Is Inconsistent With Other Evidence In The Case" Should Be Considered "with Scrupulous Care And Caution ;" Tisdale V. Ins. Co., Fed. Cas. No. 14,059. Where The Witness Has Seen The Person But Once, And That Several Years Before, His Uncorroborated' Testimony Would ...

Identity
Identity. Sameness. Identity Of Per Sons Is A Phrase Applied Especially To Those Cases In Which The Issue Before The Jury Is, Whether A Man Be The Same Person With One Previously Convicted Or Attainted. 4 Bla. Corn. 396 ; 4 Steph. Com. 468. In Cases Of Larceny The Question ...

Idiocy
Idiocy. In Medical Jurisprudence. Men Tal Deficiency Of Varying Grades Down To Ex Treme Stupidity Resulting/ From Imperfect De Velopment Or Disease Of The Nervous Centers Either Prenatal Or Occurring Before The Evolu Tion Of The Mental Faculties In Childhood. Brush In Cyclopwdia Of Diseases Of Children. A Condition Of ...

Idiot
Idiot. A Person Who Has Been Without Understanding From His Nativity, And Whom The Law, Therefore, Presumes Never Likely To Attain Any. Shelf. Lun. 2; 3 Witth. & Beck. Med. Jur. 371. It Is An Imbecility Or Sterility Of Mind, And Not A Perversion Of The Understanding; Chit Ty, Med. ...

Ignorance
Ignorance. The Lack Of Knowledge. Ignorance Is Distinguishable From Error. Ignorance Is Want Of Knowledge; Error Is The Nonconformity Or Opposition Of Ideas To The Truth. Considered As A Motive Of Actions, Ig Norance Differs But Little From Error. They Are Generally Found Together, And What Is Said Of One ...

Ii Gamss Institutes
Ii. Gams's Institutes. A Tractate Upon The Roman Law, Ascribed To Caius Or Gaius. Of The Personal History Of This Jurist Noth Ing Is Known. Even The Spelling Of His Narod Is Matter Of Controversy, And He Is Known By No Other Title Than Gaius, Or Caius. He Is Believed ...

Iii Justinians Institutes
Iii. Justinian's Institutes Are An Abridg Ment Of The Code And Digest, Composed By Order Of That Emperor And Under His Guid Ance, With An Intention To Give A Summary Knowledge Of The Law To. Those Persons Not Versed In It, And Particularly To Students. Inst. Proem. § 3. The ...

Ima Non Remota Spectator
Ima Non Remota Spectator. "the True Inquiry Is, Whether The Injury Sustained Was Such As, According To Com Mon Experience And The Usual Course Of Events, Might Reasonably Be Anticipatedr Derry V. Flitner, 118 Mass. 131.' See L. R. 10 Q. B. 111; Pullman Palace Car Co. V. Barker, 4 ...

Imbecility
Imbecility. In Medical Jurisprudence. A Form Of Mental Disease Consisting In Men Tal Deficiency, Either Congenital Or Resulting From An Obstacle To The Development Of The Faculties Supervening In Infancy. Idiocy. Generally, It Ie Manifested Both In The Intellectual And Moral Faculties ; But Occasionally It Ie Limited To The ...

Immigration Laws
Immigration Laws. The Act Of March 3, 1903, Was Comprehensive And Superseded Almost Entirely The Previous Legislation, And That Act Was In Turn Superseded By The Act Of February 20, 1907. It Provided For A Tax Of Four Dollars For Every Alien Entering Tbe United States, Which Is To Go ...

Immunities
Immunities. The 14th Amendment, Was Not Intended To Impose Any New Restrictions Upon Citizenship Or To Prevent Any Persons From Becoming Citizens By The Fact Of Birth Within The Unit Ed States, Who Would Thereby Have Become Citizens According To The Law Existing.before Its Adoption. It Is Declaratory In Form ...

Impairing The Obligation Of
Impairing The Obligation Of Con Tracts. By Article First, Section 10, Clause 1, Of The Constitution Of The United States "no State Shall Pass . . . Any Bill Of Attainder, Ex Post Facto Law, Or Law Im Pairing The Obligation Of Contracts." There Has Been Much Discussion As To ...

Imparlance
Imparlance (from Fr. Parler, To Speak). Time Given By The Court To Either Party To Answer The Pleading Of His Opponent : As, Ei Ther To Plead, Reply, Rejoin, Etc. It Is Said To Be Nothing Else But The Con Tinuance Of The Cause Till A Further Day ; Bacon, ...

Impeachment
Impeachment. A Written Accusation Usually By The House Of Representatives Of A State Or Of The United States To The Senate Of The State Or Of The United States Against An Officer. The United States Constitution Declares That The House Of Representatives Shall Have The Sole Power Of Impeachment; Art. ...

Impedimento
Impedimento. In Spanish Law. A Pro Hibition To Contract Marriage, Established By Law Between Certain Persons. The Disabilities Arising From This Clause Are Two Fold, Viz.:— Impediment° Dirimente. Such Disabilities As Ren Der The Marriage Null, Although Contracted With The Usual Legal Solemnities. The Disabilities Arising From This Source Are ...

Impertinent
Impertinent (lat. In, Not, Pertinens, Pertaining Or Relating To). In Pleading. In Equity. A Term To Matters Introduced Into A Bill, Answer, Or Other Proceeding In A Suit Which Are Not Properly Before The Court For Decision At That Particular Stage Of The Suit. Spencer V. Van Duzen, 1 Paige ...

Imports
Imports. Goods Or Other Property Im Ported Or Brought Into The Country From For Eign Territory. Story, Const. § 949. See U. S. Const. Art. 1, § 8 ; 1, § 10 ; Smith V. Turn Er, 7 How. (u. S.) 477, 12 L. Ed. 703 ; Mar Riott V. ...

Impossibility
Impossibility. A Thing Which Under The Law Or According To The Due Course Of Na Ture Cannot Be Done Or Performed. Impossibility Of Performance Is An Impor Tant Head Of The Law Of Contract, And The Questions Arising As To Its Effect May. Be Af Fected By The Classification To ...

Impotence
Impotence. In Medical Jurisprudence. Inability On The Part Of The Male Organ Of Copulation To Perform Its Proper Function. Impotence Applies Only To Disorders Affecting The Function Of The Organ Of Copulation, While Sterility Applies Only To Lack Of Fertility In The Reproductive Elements Of Either Sex. Dennis, System Of ...

Imprisonment
Imprisonment. The Restraint Of A Man's Liberty. The Restraint Of A Person Contrary To His Will. Co. 2d Inst. 589 ; U. S. V. Benner, Baldw. 239, Fed. Cas. No. 14,568; Johnson V. Tompkins, Baldw. 600, Fed. Cas. No. 7,416. It May Be In A Place Made Use Of For ...

Imprisonment_2
Imprisonment. If A Court Having Jurisdiction Issues A Writ Against Specific Property, The Sheriff Is Protected In Seizing It ; Bullis V. Mont Gomery, 50 N, Y. 355; Whoever Owns It ; Sample V. Broadwell, 87 Ill. 617; If He Take It From The Defendant In The Writ ; Billings ...

Improvement
Improvement. An Amelioration In The Condition Of Real Or Personal Property Effect Ed By The Expenditure Of Labor Or Money For The Purpose Of Rendering It Useful For Other Purposes Than Those For Which It Was Orig Inally Used, Pr More Useful For The Same Pur Poses. It Includes Repairs ...

Imputation Of Payment
Imputation Of Payment. In Civil Law. The Application Of A Payment Made By A Debtor To His Creditor. The Rules Covering This Subject Are Thus Stated, Substantially, In Howe, Studies' In The Civil Law, 156: 1. The Debtor May Apply His Payment As He Pleases, With The Exception That In ...

In Actions
In Actions Ex Delicto. Plaintiffs. The Plaintiff Must Have A Legal Right In The Prop Erty Affected, Whether Real; 2 Term 684; Co. Litt. 240 B; 2 Bla. Cora. 185 ; Or Personal ; Robinson V. Gould, 11 Cush. (mass.) 55; Though A Mere Possession Is Sufficient For Trespass, And ...

In Bonds
In Bonds. The Recitals In Corporate Bonds May Constitute Notice To Holders Of Facts Which Will Affect Their Rights. See Par Sons V. Jackson, 99 U. S. 434, 25 L. Ed. 457; Byers V. Trust Co., 175 Pa. 318, 34 Atl. 629. One Who Buys Bonds Which Recite That They ...

In Criminal Cases
In Criminal Cases. Different Offences Of The Same General Nature May Be Joined In The Same Indictment ; Johnson V. State, 29 Ala. 62, 65 Am. Dec. 383; Sarah V. State, 28 Miss. 267, 61 Am. Dec. 544; Bailey V. State, 4 Ohio St. 440; U. S. V. O'callahan, 6 ...

In Deeds
In Deeds. The Recitals In A Deed Of Con Veyance Bind Parties And Privies Thereto, Whether In Blood, Estate, Or Law ; Whart. Ev. 1039 ; 1 Greenl. Ev. § 23 ; And See 3 Ad. & E. 265; Carver V. Jackson, 4 Pet. (u. S.) 1, 7 L. Ed. ...

In Equity
In Equity. It Must, In General Be Accom Panied By An Answer ; Ellsworth V. Curtis, 10 Paige, P. Y.) 105 ; 2 Rims. 458; 2 Y. & C. 546; Worthington V. Lee, 2 Bland, Ch. (md.) 678; And Always When The Defendant Has So Connected Himself With The Matter ...

In Eyre
In Eyre. Certain Judges Es Tablished, If Not First Appointed, A. D. 1176, 22 Hen. Ii. England Was Divided Into Certain Circuits, And Three Justices In Eyre—or Justices Itinerant, As They Were Sometimes Called—were Appointed To Each Dis Trict, And Made The Circuit Of The Kingdom Once In Seven Years, ...

In Habitant
In Habitant. One Who Has His Domicil In A Place; One Who Has An Actual Fixed Resi Dence In A Place. As Used In The Federal Ju Risdiction Act Of 1789, It Means Citizen. Shaw V. Mining Co., 145 U. S. 444, 12 Sup. Ct. 935, 36 L. Ed. 768. ...

In Mitiori Sensu
In Mitiori Sensu (lat. In A Milder Ac Ceptation). A Pbraae Denoting A Rule Of Construction Formerly Adopted In Slander Suits, The Object Of Which Was To Construe Phrases, If Possible, So That They Would Not Support An Action. Ingenuity Was Continually Exer Cised To Devise Or Discover A Meaning ...

In Pleading
In Pleading. In Equity. The Decree For Merly Contained A Recital Of The Pleadings. This Usage Is Now Mostly Abolished, Though It Obtains Largely In New Jersey. At Law. Recitals Of Deeds Or Specialties Lind The Parties To Prove Them As Recited. Definite Recitals In Municipal Bonds Of Pre Liminary ...

In Qu Est
In Qu Est. A Body Of Men Appointed By Law To Inquire Into Certain Matters: As, The Inquest Examined Into The Facts Connected With The Alleged Murder. The Grand Jury Is Sometimes Called The Grand Inquest. The Judicial Inquiry Itself By A Jury Sum Moned For The Purpose, Is Called ...

In Rem
In Rem (lat.). A Technical Term Used To Designate Proceedings Or Actions Instituted Against The Thing, In Contradistinction To Per Sonal Actions, Which. Are Said To Be In Per Sonam. Proceedings In Rem Include Not Only Those Instituted To Obtain Decrees Or Judgments Against Property As Forfeited In The Admiral ...

Inadequate Price
Inadequate Price. A Term Applied To Indicate The Want Of A Sufficient Considera Tion For A Thing Sold, Or Such A Price As, Un Der Ordinary Circumstances, Would Be Con Sidered Insufficient. Inadequacy Of Price Is Generally Connect Ed With Fraud, Gross Misrepresentations, Or An Intentional Concealment Of Defects In ...

Income
Income. The Gain Which Proceeds From Property, Labor, Or Business. It Is Applied Particularly To Individuals. The Income Of The State Or Government Is Usually Called Revenue. The Word Is Sometimes Considered Synonymous With "profits," The Gain As Be Tween Receipts And Payments ; People V. Board Of Supervisors, 4 ...

Incrimination
Incrimination. The Vth Amendment Of The United States Constitution Provides That No Person "shall Be Compelled In Any Criminal Case To Be Witness Against Himself." A Witness May Refuse To Furnish Evidence Which Will Incriminate Himself ; Counselman V. Hitchcock, 142 U. S. 547, 12 Sup. Ct. 195, 35 L. ...

Incumbrance
Incumbrance. Any Right To, Or Inter Est In, Land Which May Subsist In Third Per Sons, To The Diminution Of The Value Of The Estate Of The Tenant, But Consistently With The Passing Of The Fee. 2 Greenl. Ev. § 242; Prescott V. Trueman, 4 Mass. 629, 3 Am. Dec. ...

Incumiirances
Incumiirances. A Covenant For Indefeasible Seisin Is Every Where Held To Run With The Land ; Garfield V. Williams, 2 Vt. 328 ; Wilson V. Forbes, 13 N. C. 30; Bender V. Fromberger, 4 Dall. (pa.) 439, 1 L. Ed. 898; Kincaid V. Brittain, 5 Sneed (tenn.) 123; Abbott V. ...

Indemnity
Indemnity. That Which Is Given To A Person To Prevent His Suffering Damage. Peck V. Wakely, 2 Mccord (s. C.) 279. It Is A Rule Established In All Just Govern Ments That When Private Property Is Required For Public Use, Indemnity Shall Be Given By The Public To The Owner. ...

Independent Contractor
Independent Contractor. One Who, Exercising An Independent Employment, Contracts To Do A Piece Of Work According To His Own Methods, And Without Being Subject To The Control Of His Employer, Except As To The Result Of His Work. Powell V. Construc Tion Co., 88 Tenn. 692, 13 S. W. 691, ...

In Good Faith And
Purchase For Value, In Good Faith And Without Notice. The Pro Tection Given To Such Purchaser Means That From The Relation Subsisting Between The Two Parties, Especially That Which Is Involved In The Innocent Position Of The Purchaser, Equi Ty Refuses To Interfere And To Aid The Plain Tiff In ...

In The Absence Op
Liens Existing By The Common Law, In. The Absence Op Any Special Agreement. Every Bailee For Hiry Who Has, By His Labor Or Skill, Conferred Value On Specific Chattels Bailed To Him For That Purpose Has A Particu Lar Lien Upon Them ; 6 Term 14; Hensel V. Noble, 95 ...