HEALTH. Freedom from pain or sickness; the most perfect state of
animal life. It may be defined, the natural agreement and concordant
dispositions of the parts of the living body.
2. Public health is an object of the utmost importance and has attracted the
attention of the national and state legislatures.
3. By the act of Congress of the 25th of February, 1799, 1 Story's L. U. S.
564, it is enacted: 1. That the quarantines and other restraints, which shall be
established by the laws of any state, respecting any vessels arriving in or
bound to any port or district thereof, whether coming from a foreign port or
some other part of the United States, shall be observed and enforced by all
officers of the United States, in such place. Sect. 1. 2. In times of contagion
the collectors of the revenue may remove, under the provisions of the act, into
another district. Sect. 4. 3. The judge of any district court may, when a
contagious disorder prevails in his district, cause the removal of persons
confined in prison under the laws of the United States, into another district.
Sect. 5. 4. In case of the prevalence of a contagious disease at the seat of
government, the president of the United States may direct the removal of any or
all public offices to a place of safety. Sect. 6. 5. In case of such contagious
disease, at the seat of government, the chief justice, or in case of his death
or inability, the senior associate justice of the supreme court of the United
States, may issue his warrant to the marshal of the district court within which
the supreme court is by law to be holden, directing him to adjourn the said
session of the said court to such other place within the same or adjoining
district as he may deem convenient. And the district judges may, under the same
circumstances, have the same power to adjourn to some other part of their
several districts. Sect. 7.
3. Offences against the provisions of the health laws are generally punished
by fine and imprisonment. These are offences against public health, punishable
by the common law by fine and imprisonment, such for example, as selling
unwholesome provisions. 4 Bl. Com. 162; 2 East's P. C.822; 6 East, R.133 to 141;
3 M. & S. 10; 4 Campb. R. 10.
4. Private injuries affecting a man's health arise upon a breach of contract,
express or implied; or in consequence of some tortions act unconnected with a
5. - 1. Those injuries to health which arise upon contract are, 1st. The
misconduct of medical men, when, through neglect, ignorance, or wanton
experiments, they injure their patients. 1 Saund. 312, n. 2. 2d. By the sale of
unwholesome food; though the law does not consider a sale to be a warranty as to
the goodness or quality of a personal chattel, it is otherwise with regard to
food and liquors. 1 Rolle's Ab. 90, pl. 1, 2.
6.-2. Those injuries which affect a man's health, and which arise from
tortious acts unconnected with contracts, are, 1st. Private nuisances. 2d.
Public nuisances. 3d. Breaking quarantine. 4th. By sudden alarms, and
frightening; as by raising a pretended ghost. 4 Bl. Com. 197, 201, note 25;1
Hale, 429; Smith's Forens. Med. 37 to 39; 1 Paris & Fonbl. 351, 352. For
private injuries affecting his health a man may generally have an action on the
HEALTH OFFICER. The name of an officer invested with power to enforce
the health laws. The powers and duties of health officers are regulated by local
HEARING, chwncery practice. The term, hearing is given to the trial of
a chancery suit.
2. The hearing is conducted as follows. When the cause is called on in court,
the pleadings on each side are opened in a brief manner to the court by the
junior counsel for the plaintiff; after which the plaintiff's leading counsel
states the plaintiff's case, and the points in issue, and submits to the court
his arguments upon them. Then the depositions (if any) of the plaintiff's
witnesses, and such parts of the defendant's answer as support the plaintiff's
case are read by the plaintiff's solicitor; after which the rest of the
plaintiff's counsel address the court; then the same course of proceedings is
observed on the other side, excepting that no part of the defendant's answer can
be read in his favor, if it be replied to; the leading counsel for the plaintiff
is then heard in reply; after which the court pronounces the decree, Newl. Pr.
153, 4; 14 Vin. Ab. 233; Com. Dig. Chancery, T. 1, 2, 3.
HEARING, crim. law. The examination of a prisoner charged with a crime
or misdemeanor, and of the witnesses for the accuser.
2. The magistrate should examine with care all the witnesses for the
prosecution, or so many of them as will satisfy his mind that there is
sufficient ground to believe the prisoner guilty, and that the case ought to be
examined in court and the prisoner ought to be tried. If, after the hearing of
all such witnesses, the offence charged is not made out, or, if made out, the
matter charged is not criminal, the magistrate is bound to discharge the
3. When the magistrate cannot for want of time, or on account of the absence
of a witness, close the hearing at one sitting, he may adjourn the case to
-another day, and, in bailable offences, either take bail from the prisoner for
his appearance on that day, or commit him for a further hearing. See Further
4. After a final hearing, unless the magistrate discharge the prisoner, it is
his duty to take bail in bailable offences, and he is the sole judge of the
amount of bail to be demanded this, however, must not be excessive. He is the
sole judge, also, whether the offence be bailable or not. When the defendant can
give the bail required, he must be discharged; when not, he must be committed to
the county prison, to take his trial, or to be otherwise disposed of according,
to law. See 1 Chit. Cr. Law, 72, ch. 2.
HEARSAY EVIDENCE. The evidence of those who relate, not what they know
themselves, but what they have heard from others.
2. As a general rule, hearsay evidence of a fact is not admissible. If any
fact is to be substantiated against a person, it ought to be proved in his
presence by the testimony of a witness sworn or affirmed to speak the truth.
3. There are, however, exceptions to the rule. 1. Hearsay is admissible when
it is introduced, not as a medium of proof in order to establish a distinct
fact, but as being in itself a part of the transaction in question, when it is a
part of the res gestae. 1 Phil. Ev. 218; 4 Wash. C. C. R. 729; 14 Serg. &
Rawle, 275; 21 How. St. Tr. 535; 6 East, 193.
4. - 2. What a witness swore on a former trial, between the same parties, and
where the same point was in issue as in the second action, and he is since dead,
what he swore to is in general, evidence. 2 Show. 47; 11 John. R. 446; 2 Hen.
& Munf. 193; 17 John. R. 176; But see 14 Mass. 234; 2 Russ. on Cr. 683, and
5. - 3. The dying declarations of a person who has received a mortal injury,
as to the fact itself, and the party by whom it was committed, are good evidence
under certain circumstances. Vide Declarations, and 15 John. R. 286; 1 Phil. Ev.
215; 2 Russ. on Cr. 683.
6. - 4. In questions concerning public rights, common reputation is admitted
to be evidence.
7. - 5. The declarations of deceased persons in cases where they appear to
have been made against their interest, have been admitted.
8. - 6. Declarations in cases of birth and pedigree are also to be received
9. - 7. Boundaries may be proved by hearsay evidence, but, it seems, it must
amount to common tradition or repute. 6 Litt. 7; 6 Pet. 341; Cooke, R142; 4 Dev.
342; 1 Hawks 45; 4 Hawks, 116; 4 Day, 265. See 3 Ham. 283; 3 Bouv. Inst. n.
3065, et seq. 10. There are perhaps a few more exceptions which will be found in
the books referred to below. 2 Russ. on Cr. B. 6, c.3; Phil. Ev. ch. 7, s. 7; 1
Stark. Ev. 40; Rosc. Cr. Ev. 20; Rosc. Civ. Ev.19 to 24; Bac. Ab. Evidence, K;
Dane's Ab. Index, h. t. Vide also, Dig. 39,3, 2, 8; Id. 22, 3, 28. see Gresl.
Eq. Ev. pt. 2, c. 3, s. 3, p. 218, for the rules in courts of equity, as to
receiving hearsay evidence 20 Am. Jur.68.
HEDGE-BOTE. Wood used for repairing hedges or fences. 2 Bl. Com. 35;
16 John. 15.
HEIFER. A young cow, which has not had a calf. A beast of this kind
two years and a half old, was held to be improperly described in the indictment
as a cow. 2 East, P. C. 616; 1 Leach, 105.
HEIR. One born in lawful matrimony, who succeeds by descent, and right
of blood, to lands, tenements or hereditaments, being an estate of inheritance.
It is an established rule oflaw, that God alone can make an heir. Beame's
Glanville, 143; 1 Thomas, Co. Lit. 931; and Butler's note, p.938. Under the word
heirs are comprehended the heirs of heirs in infinitum.1 Co. Litt. 7 b, 9 a, 237
b; Wood's Inst. 69. According to many authorities, heir may be nomen
collectivuum, as well in a deed as in a will, and operate in both in the same
mannar, as heirs in the plural number. 1 Roll. Abr. 253; Ambl. 453; Godb. 155;
T. Jones, 111; Cro, Eliz.313; 1 Burr. 38; 10 Vin. Abr. 233, pl. 1; 8 Vin. Abr.
233; sed vide 2 Prest. on, Est. 9, 10. In wills, in order to effectuate the
intention of the testator, the word heirs is sometimes construed to mean next of
kin; 1 Jac. & Walk. 388; and children, Ambl. 273. See further, as to the
force and import of this word, 2 Vent. 311; 1 P. Wms. 229; 3 Bro. P. C. 60, 454;
2 P. Wms. 1, 369; 2 Black. R. 1010; 4 Ves. 26, 766, 794; 2 Atk. 89, 580; 5 East
Rep. 533; 5 Burr. 2615; 11 Mod. 189; 8 Vin. Abr. 317; 1 T. R. 630; Bac. Abr.
Estates in fee simple, B.
2. There are several kinds of heirs specified below.
3. By the civil law, heirs are divided into testamentary or instituted heirs
legal heirs, or heirs of the blood; to which the Civil Code of Louisiana has
added irregular heirs. They are also divided into unconditional and beneficiary
4. It is proper here to notice a difference in the meaning of the word heir,
as it is understood by the common and by, the civil law. By the civil law, the
term heirs was applied to all persons who were called to the succession, whether
by the act of the party or by operation of law. The person who was created
universal successor by a will, was called the testamentary heir; and the next of
kin by blood was, in cases of intestaby, called the heir at law, or heir by
intestacy. The executor of the common law is, in many respects, not unlike the
testamentary heir of the civil law. Again, the administrator ln many respects
corresponds with the heir by intestacy. By the common law, executors unless
expressly authorized by the will and administrators, have no right, except to
the personal estate of the deceased; whereas, the heir by the civil law was
authorized to administer both the personal and real estate. 1 Brown's Civ. Law,
344; Story, Confl. of Laws, §508.
5. All free persons, even minors, lunatics, persons of insane mind or the
like, may transmit their estates as intestate ab intestato, and inherit from
others. Civ. Code of Lo., 945; Accord, Co. Lit. 8 a.
6. The child in its mother's womb, is considered as born for all purposes of
its own interest; it takes all successions opened in its favor, after its
conception, provided it be capable of succeeding at the moment of its birth.
Civ. Code of Lo. 948. Nevertheless, if the child conceived is reputed born, it
is only in the hope of its birth; it is necessary then that the child be born
alive, for it cannot be said that those who are born dead ever inherited. Id.
949. See In ventre sa mere.
HEIR. APPARENT. One who has an indefeasible right to the inheritance,
provided he outlive the ancestor. 2 Bl. Com. 208.
HEIR, BENEFICIARY. A term used in the civil law. Beneficiary heirs are
those who have accepted the succession under the benefit of an inventory
regularly made. Civ. Code of Lo. art. 879. If the heir apprehend that the
succession-will be burdened with debts beyond its value, he accepts with benefit
of inventory, and in that case he is responsible only for the value of the
succession. See inventory, benefit of.
HEIR, COLLATERAL. A collateral heir is one who is not of the direct
line of the deceased, but comes from a collateral line; as, a brother, sister,
an uncle and aunt, a nephew, niece, or cousin of the deceased.
HEIR, CONVENTIONAL, civil law. A conventional heir is one who takes a
succession by virtue of a contract; for example, a marriage contract, which
entitles the heir to the succession.
HEIR, FORCED. Forced heirs are those who cannot be disinherited. This
term is used among the civilians. Vide Forced heirs
HEIR, GENERAL. Heir at common in the English law. The heir at common
law is he who, after his father or ancestor's death has a right to, and is
introduced into all his lands, tenements and hereditaments. He must be of the
whole blood, not a bastard, alien, &c. Bac. Abr. Heir, B 2; Coparceners;
HEIR, IRREGULAR. In Louisiana, irregular heirs are those who are
neither testamentary nor legal, and who have been established by law to take the
succession. See Civ. Code of Lo. art. 874. When the deceased has left neither
lawful descendants nor ascendants, nor collateral relations, the law calls to
his inheritance either the surviving hushand or wife, or his or her natural
children, or the state. Id. art., 911. This is called an irregular
HEIR AT LAW. He who, after his ancestor's death intestate, has a right
to all lands, tenements, and hereditaments, which belonged to him, or of which
he was seised. The same as heir general. (q. v.)
HEIR, LEGAL, civil law. A legal heir is one who is of the same blood of
the deceased, and who takes the succession by force of law; this is different
from a testamentary or conventional heir, who takes the succession in virtue of
the disposition of man. See Civil, Code of Louis. art. 873, 875; Dict. de
Jurisp., Heritier legitime. There are three classes of legal heirs, to wit; the
children and other lawful descendants; the fathers and mothers and other lawful
ascendants; and the collateral kindred. Civ. Code of Lo. art. 883.
HEIR LOOM, estates. 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
loma, or geloma, which signifies utensils or vessels generally. However this may
be, the word loom, by time, is drawn to a more general signification, than it,
at the first, did bear, comprehending all implements of household; as, tables,
presses, cupboards, bedsteads, wainscots, and which, by the custom of some
countries, having belonged to a house, are never inventoried after the decease
of the owner, as chattels, but accrue to the heir, with the house itself
minsheu. The term heir looms is applied to those chattels which are considered
as annexed and necessary to the enjoyment of an inheritance.
2. They are chattels which, contrary to the nature of chattels, descend to
the heir, along with the inheritance, and do not pass to the executor of the
last proprietor. Charters, deeds, and other evidences of the title of the land,
together with the box or chest in which they are contained; the keys of a house,
and fish in a fish pond, are all heir looms. 1 Inst. 3 a; Id. 185 b; 7 Rep. 17
b; Cro. Eliz. 372; Bro. Ab. Charters, pl. 13; 2 Bl. Com. 28; 14 Vin. Ab. 291.
HEIR PRESUMPTIVE. A presumptive heir is one who, in the present
circumstances, would be entitled to the inheritance, but whose rights may be
defeated by the contingency of some nearer heir being born. 2 B1 Com.208. In
Louisiana, the presumptive heir is he who is the nearest relation of the
deceased, capable of inheriting. This quality is given to him before the decease
of the person from whom he is to inherit, as well as after the opening of the
succession, until he has accepted or renounced it. Civ. Code of Lo. art.
HEIR, TESTAMENTARY, civil law. A testamentary heir is one who is
constituted heir by testament executed in the form prescribed by law. He is so
called to distinguish him from the legal heirs, who are called to the succession
by the law; and from conventional heirs, who are so constituted by a contract
inter vivos. See Haeres factus; Devisee.
HEIR, UNCONDITIONAL. A term used in the civil law, adopted by the
Civil Code of Louisiana. Unconditional heirs are those who inherit without any
reservation, or without making an inventory, whether their acceptance be express
or tacit. Civ. Code of Lo. art. 878.
HEIRESS. A female heir to a person having an estate of inheritance.
When there is more than one, they are called co-heiresses, or co-heirs.
HEPTARCHY, Eng. law. The name of the kingdom or government established by the
Saxons, on their establishment in Britain so called because it was composed of
seven kingdoms, namely, Kent, Essex, Sussex, Wessex, East Anglia, Mercia, and
HERALDRY, civil and canon law. The art or office of a herald. It is
the art, practice, or science of recording genealogies, and blazoning arms or
ensigns armorial. It also teaches whatever relates to the marshaling of
cavalcades, processions, and other public ceremonies. Encyc.; Ridley's View of
the Civil and Canon Law, pt. 2, c. 1, §6.
HERBAGE, English Law, A species of easement, which consists in the
right to feed one's cattle on another man's ground.
HEREDITAMENTS, estates. Anything capable of being inherited, be it
corporeal or incorporeal, real, personal, or mixed and including not only lands
and everything thereon, but also heir looms, and certain furniture which, by
custom, may descend to the heir, together with the land. Co. Litt. 5 b; 1 Tho.
Co. Litt. 219; 2 Bl. Com. 17. By this term such things are denoted, as may be
the subject-matter of inheritance, but not the inheritance itself; it cannot
therefore, by its own intrinsic force, enlarge an estate, prima facie a life
estate, into a fee. 2 B. & P. 251; 8 T. R. 503; 1 Tho. Co. Litt. 219, note
2. Hereditaments are divided into corporeal and incorporeal. Corporeal
hereditaments are confined to lands. (q. v.) Vide Incorporeal hereditaments, and
Shep. To. 91; Cruise's Dig. tit. 1, s. 1; Wood's Inst.221; 3 Kent, Com. 321;
Dane's Ab. Index, h.t.; 1 Chit. Pr. 203-229; 2 Bouv. Inst. n. 1595, et seq.
HEREDITARY. That which is inherited.
HERESY, Eng. law. The adoption of any erroneous religious tenet, not
warranted by the established church.
2. This is punished by the deprivation of certain civil rights, and by fine
and imprisonment. 1 East, P. C. 4.
3. In other countries than England, by heresy is meant the profession, by
Christians, of religious opinions contrary to the dogmas approved by the
established church of the respective countries. For an account of the origin and
progress of the laws against heresy, see Giannoni's Istoria di Napoli, vol. 3,
pp, 250, 251, &c.
4. in the United State, happily, we have no established religion; there can,
therefore, be no legal heresy. Vide Apostacy; Christianity.
HERISCHILD. A species of English military service, or knight's
HERIOTS, Eng. law. A render of the best beast or other goods, as the
custom may be, to the lord, on the death of the tenant. 2 Bl. Com. 97.
2. They are usually divided into two sorts, heriot service, and heriot
custom; the former are such as are due upon a special reservation in the grant
or lease of lands, and therefore amount to little more than a mere rent; the
latter arise upon no special reservation whatsoever, but depend merely upon
immemorial usage and custom. These are defined to be a customary tribute of
goods and chattels, payable to the lord of the fee, on the decease of the owner
of the land. 2 Bl. Com. 422. Vide Com. Dig. Copyhold, K 18; Bac. Ab. h. t.; 2
Saund. lndex, h. t.; 1 Vern. 441.
HERITAGE. By this word is understood, among the civilians, every
species of immovable which can be the subject of property, such as lands,
houses, orchards, woods, marshes, ponds, &c., in whatever mode they may have
been acquired, either by descent or purchase. 3 Toull. 472. It is something that
can be inherited. Co. Litt. s. 731.
HERMAPHRODITES. Persons who have in the sexual organs the appearance
of both sexes. They are adjudged to belong to that which prevails in them. Co.
Litt. 2, 7; Domat, Lois Civ. liv. 1, t. 2, s. 1, n.. 9.
2. The sexual characteristics in the human species are widely separated, and
the two sexes are never, perhaps, united in the same individual. 2 Dunglison's
Hum. Physiol. 304; 1 Beck's Med. Jur. 94 to 110.
3. Dr. William Harris, in a lecture delivered to the Philadelphia Medical
Institute, gives an interesting account of a supposed hermaphrodite who came
under his own observation in Chester county, Pennsylvania. The individual was
called Elizabeth, and till the age of eighteen, wore the female dress, when she
threw it off, and assumed the name of Rees, with the dress and habits of a man;
at twenty-five, she married a woman, but had no children. Her clitoris was five
or six inches long, and in coition, which she greatly enjoyed, she used this
instead of the male organ. She lived till she was sixty years of age, and died
in possession of a large estate, which she had acquired by her industry and
enterprise. Medical Examiner, vol. ii. p, 314. Vide 1 Briand, Mīd. Līg. c. 2,
art. 2 , §2, n. 2; Dict. des Sciences Mīd. art. Hypospadias, et art.
Impuissance; Guy, Med. Jur. 42,47.
HIDE, measures. In England, a hide of land, according to some
ancient-manuscripts, contained one hundred and twenty acres. Co. Litt. 5; Plowd.
167; Touchst. 93.
HIERARCHY, eccl. law. A hierarchy signified, originally, power of the
priest; for in the beginning of societies, the priests were entrusted with all
the power but, among the priests themselves, there were different degrees of
power and authority, at the summit of which was the sovereign pontiff, and this
was called the hierarchy. Now it signifies, not so much the power of the priests
as the border of power.