HIGH. This word has various signifcations: 1. Principal or chief, as
high constable, high sheriff. 2. Prominent, in a bad sense, as high treason. 3.
Open, not confined, as high seas.
HIGH CONSTABLE. An officer appointed in some cities bears this name.
His powers are generally Iimited to matters of police, and are not more
extensive in these respects than those of constables. (q. v.)
HIGH COURT OF DELEGATES, English law. The name of a court esthlished
by stat. 25 Hen. VIII. c. 19, s. 4. No permanent judges are appointed, but in
every case of appeal to this court, there issues a special commission, under the
great seal of Great Britain, directed to such persons as the lord chancellor,
lord keeper, or lords commissioners of the great seal, for the time being, shall
think fit to appoint to bear and determine the same. The persons usually
appointed, are three puisne judges, one from each court of common law, and three
or more civilians; but in special cases, a fuller commission is sometimes
issued, consisting of spiritual and temporal peers, judges of the common law,
and civilians, three of each description. In case of the court being equally
divided, or no common law judge forming part of the majority, a commission of
adjuncts issues, appointing additional judges of the same description. 1 Hagg.
Eccl. R. 384; 2 Hagg. Eccl. R. 84; 3 Hagg. Ecel. R. 471; 4 Burr. 2251.
HIGH SEAS. This term, which is frequently used in the laws of the
United States signifies the unenclosed waters of the ocean, and also those
waters on the sea coast which are without the boundaries of low water mark. 1
Gall. R. 624; 5 Mason's R. 290; 1 Bl. Com. 110; 2 Haze. Adm. R. 398; Dunl. Adm.
Pr. 32, 33.
2. The Act of Congress of April 30 1790, s. 8, 1 Story'S L. U. S. 84, enacts,
that if any person shall commit upon the high seas, or in any river, haven,
basin, or bay, out of the jurisdiction of any particular state, murder, &c.,
which, if committed within the body of a county, would, by the laws of the
United States, be punishable with death, every such offender, being thereof
convicted, shall suffer death and the trial of crimes committed on the high
seas, or in any place out of the jurisdiction of any particular state, shall be
in the district where the offender is apprehended, or into which he may first be
brought. See 4 Dall. R. 426; 3 Wheat. R. 336; 5 Wheat 184, 412; 3 W. C. C. R.
515; Serg. Const. Law, 334;13 Am. Jur. 279 1 Mason, 147, 152; 1 Gallis. 624.
HIGH TREASON, English law. Treason against the king, in
contradistinction with petit treason, which is the treason of a servant towards
his master; a wife towards her hushand; a secular or religious man against his
prelate. See Petit treason; Treason.
HIGH WATER MARK. That part of the shore of the sea to which the waves
ordinarily reach when he tide is at its highest. 6 Mass. R. 435; 1 Pick. R.180;
1 Halst. R. 1; 1 Russ. on Cr. 107; 2 East, P. C. 803. Vide Sea shore; Tide.
HIGHEST BIDDER, contracts. He who, at an auction, offers the greatest
price for the property sold.
2. The highest bidder is entitled to have the article sold at his bid,
provided there has been no unfairness on his part. A distinction has been made
between the highest and the best bidder. In judicial sales, where the highest
bidder is unable to pay, it is said the sheriff may offer the property to the
next highest, who will pay, and he is considered the highest best bidder. 1
Dall. R. 419.
HIGHWAY. A passage or road through the country, or some parts of it,
for the use of the people. 1 Bouv. Inst. n. 442. The term highway is said to be
a generic name for all kinds of public ways. 6 Mod R, 255.
2. Highways are universally laid out by public authority and repaired at the
public expense, by direction of law. 4 Burr. Rep. 2511.
3. The public have an easement over a highway, of which the owner of the land
cannot deprive them; but the soil and freehold still remain in the owner, and he
may use the land above and below consistently with the easement. He may,
therefore, work a mine, sink a drain or water course, under the highway, if the
easement remains unimpaired. Vide Road; Street; Way; and 4 Vin. Ab. 502; Bac.
Ab. h. t.; Com. Dig. Chemin; Dane's Ab. Index, h. t.; Egremont on Highways;
Wellbeloved on Highways; Woolrych on Ways; 1 N. H. Rep. 16; 1 Conn. R. 103; 1
Pick. R. 122; 1 M'Cord's R. 67; 2 Mass. R. 127; 1 Pick. R. 122; 3 Rawle, R. 495;
15 John. R. 483; 16 Mass. R.33; 1 Shepl. R. 250; 4 Day, R. 330; 2 Bail. R. 271;
1 Yeates, Rep. 167.
4. The owners of lots on opposite sides of a highway, are prima facie owners,
each of one half of the highway,, 9 Serg. & Rawle, 33; Ham. Parties, 275;
Bro. Abr. Nuisance, pl. 18 and the owner may recover the possession in
ejectment, and have it delivered to him, subject to the public easement. Adams
on Eject. 19, 18; 2 Johns. Rep. 357; 15 Johns. Rep.447; 6 Mass. 454; 2 Mass.
5. If the highway is impassable, the public have the right to pass over the
adjacent soil; but this rule does not extend to private ways, without an express
grant. Morg. Vad. Mec. 456-7; 1 Tho. Co. Lit. 275; note 1 Barton, Elem. Conv.
271; Yelv. 142, note 1.
HIGHWAYMAN. A robber on the highway.
HILARY TERM, Eng. law. One of the four terms of the courts, beginning
the11th and ending the 31st day of January in each year.
HIGLER, Eng. law. A person who carries from door to door, and sells by
retail, small articles of provisions, and the like.
HIRE, contracts. A bailment, where a compensation is to be given for
the use of a thing, or for labor or services about it. 2 Kent's Com. 456; 1
Bell's Com. 451; Story on Bailim. §369; see 1 Bouv. Inst. n. 980, et seq;
Pothier, Contrat de Louage, ch. 1, n. 1; Domat, B. 1, tit. 4 §1, n. 1 Code Civ.
art.. 1709, 1710; Civ. Code of Lo., art. 2644, 2645. See this Dict. Hirer;
2. The contract of letting and hiring is usually divided into two kinds;
first, Locatio, or Locatio conductio rei, the bailment of a thing to be used by
the hirer, for a compensation to be paid by him.
3. Secondly, Locatio operis, or the hire of the labor and services of the
hirer, for a compensation to be paid by the letter.
4. And this last kind is again subdivided into two classes: 1. Locatio operis
faciendi, or the hire of labor and work to be done, or care and attention to be
bestowed on the goods let by the hirer, for a compensation; or,
5. - 2. Locatio operis mercium vehendarum, or the hire and carriage of goods
from one place to another, for a compensation. Jones' Bailm. 85, 86,90, 103,
118; 2 Kent's Com. 456; Code Civ. art. 1709, 1710, 1711.
6. This contract arises from the principles of natural law; it is voluntary,
and founded in consent; it involves mutual and reciprocal obligations; and it is
for mutual benefit. In some respects it bears a strong resemblance to the
contract of sale, the principal difference between them being, that in cases of
sale, the owner, parts with the whole proprietary interest in the thing; and in
cases of hire, the owner parts with it only for a temporary use and purpose. In
a sale, the thing itself is the object of the contract; in hiring, the use of
the thing is its object. Vinnius, lib. 3, tit. 25, in pr.; Pothier, Louage, n.
2, 3, 4; Jones Bdilm. 86; Story on Bailm. §371.
7. Three things are of the essence of the contract: 1. That there should be a
thing to be let. 2. A price for the hire. 3. A contract possessing a legal
obligation. Pothier, Louage, n. 6; Civ. Code of Lo. art. 2640.
8. There is a species of contract in which, though no price in money be paid,
and which, strictly speaking, is not the contract of hiring, yet partakes of its
nature. According to Pothier, it is an agreement which must be classed with
contracts do ut des. (q. v.) It frequently takes place among poor people in the
country. He gives the following example: two poor neighbors, each owning a
horse, and desirous to plough their respective fields, to do which two horses
are required, one agrees that he will let the other have his horse for a
particular time, on condition that the latter will let the former have his horse
for the same length of time. Du Louage n. 458. This contract is not a hiring,
strictly speaking, for want of a price; nor is it a loan for use, because there
is to be a recompense. It has been supposed to be a partnership; but it is
different from that contract, because there is no community of profits. This
contract is, in general, ruled by, the same principles which govern the contract
of hiring.19 Toull. n. 247.
9. Hire also, means the price given for the use of the thing hired; as, the
hirer is bound to pay the hire or recompense. Vide Domat. liv. 1, tit.4; Poth.
Contrat de Louage; Toull. tomes 18, 19, 20; Merl. Rīpert. mot Louage; Dalloz,
Dict. mot Louage; Argou, Inst. liv. 3, c. 27.
HIRER, contracts. Called, in the civil law, conductor, and, in the
French law conducteur, procureur, locataire, is he who takes a thing from
another, to use it, and pays a compensation therefor. Wood's Inst. B. 3, c. 5,
p.236; Pothier, Louage, n. 1; Domat, B. 1, tit. 4, §1, n. 2; Jones' Bailm. 70;
see this Dict. Letter.
2. There is, on the part of the hirer, an implied obligation, not only to use
the thing with due care and moderation but not to apply it to any other use than
that for which it is hired; for example, if a horse is hired as a saddle, horse;
the hirer has no right to use the horse in a cart, or to carry loads, or as a
beast of burden. Pothier Louage, n. 189; Domat, B.1, tit. 4, §2, art. 2, 3;
Jones' Bailm. 68, 88; 2 Saund. 47 g, and note; 1 Bell's Com. 454; 1 Cowen's R.
322; 1 Meigs, R. 459. If a carriage and horses are hired to go from Philadelphia
to New York, the hirer has no right to go with them on a journey to Boston.
Jones' Bailm. 68; 2 Ld. Raym.915. So, if they are hired for a week, he has no
right to use them for a month, Jones' Bailm. 68; 2 Ld. Raym. 915; 5 Mass. 104.
And if the thing be used for a different purpose from that which was intended by
the parties, or in a different manner, or for a longer period, the hirer is not
only responsible for all damages, but if a loss occur, although by inevitable
casualty, he will be responsible therefor. 1 Rep. Const. C. So. Car. 121; Jones'
Bailm. 68, 121; 2 Ld. Raym. 909, 917. In short, such a misuser is deemed a
conversion of the property, for which the hirer is deemed responsible. Bac. Abr.
Bailment, C; Id. Trover, C, D, E; 2 Saund. 47 g; 2 Bulst. 306, 309.
3. The above rules apply to cases where the hirer has the possession as well
as the use of the thing hired when the owner or his agents retain the
possession, the hirer is not in general responsible for an injury done to it.
For example, when the letter of a carriage and a pair of horses sent his driver
with them and an injury occurred, the hirer was held not to be responsible. 9
Watts, R. 556, 562; 5 Esp. R. 263; Poth. Louage n. 196; Jones, Bailm. 88;
Story., Bailm. §403. But see 1 Bos. & P. 404, 409; 5 Esp. N. P. c 35; 10 Am.
4. Another implied obligation of the hirer is to restore the thing hired,
when the bailment, is determined. 4 T. R. 260; 3 Camp. 5, n.; 13 Johns.
5. The time, the place, and the mode of restitution of the thing hired, are
governed by the circumstances of each case depend and depend upon rules of
presumption of the intention of the parties, like those in other cases of
bailment. Story on Bailm. §415
6. There is also an implied obligation on the part of the hirer, to pay the
hire or recompense. Pothier, Louage, n. 134; Domat, B. 2, tit. 2, §2, n. 11 Code
Civ; art. 1728. See, generally, Bouv. Inst. Index, h. t.; Employer; Letter.
HIS EXCELLENCY. A title given by the constitution of Massaebusetts to
the governor of that commonwealth. Const. part 2, c. 2, s. 1, art. 1. This title
is customarily given to the governors of the other states, whether it be the
official designation in their constitutions and laws or not.
HIS HONOR. A title given by the constitution of Massachusetts to the
lieu- tenant governor of that commonwealth. Const. part 2, c. 2, s. 2, art.1.
It, is also customarily given to some inferior magistrates, as the mayor of a
HISTORY, evidence. The recital of facts written and given out for
2. Facts stated in histories may be read in evidence, on the ground of their
notoriety. Skin. R. 14; 1 Ventr. R. 149. But these facts must be of a public
nature, and the general usages and customs of the country. Bull. P.248; 7 Pet.
R. 554; 1 Phil. & Am. Ev. 606; 30 Howell's St. Tr. 492. Histories are not
admissible in relation to matters not of a public nature, such as the custom of
a particular town, a descent, the boundaries of a county, and the like. 1 Salk.
281; S. C. Skin. 623; T. Jones, 164; 6 C. & P. 586, note. See 9 Ves. 347; 10
Ves. 354; 3 John. 385; 1 Binn. 399; and Notoriety.
HODGE-PODGE ACT. A name given to a legislative act which embraces many
subjects. Such acts, besides being evident proofs of the ignorance of the makers
of them, or of their want of good faith, are calculated to create a confusion
which is highly prejudicial to the interests of justice. Instances of this
wretched legislation are everywhere to be found. See Barring on the Stat. 449.
Vide Title; Legislation.
HOERES FACTUS, civil law. An heir instituted by testament; one made an
heir by the testator. Vide Heir.
HOERES NATUS, civil law. An heir by intestacy; he on whom an estate
descends by operation of law. Vide Heir.
HOGSHEAD. A measure of wine, oil, and the like, containing half a
pipe; the fourth part of a tun, or sixty-three gallons.
TO HOLD. These words are now used in a deed to express by what tenure
the grantee is to have the land. The clause which commences with these words is
called the tenendum. Vide Habendum; Tenendum.
2. To hold, also means to decide, to adjudge, to decree; as, the court in
that case held that the hushand was not liable for the contract of the wife,
made without his express or implied authority.
3. It also signifies to bind under a contract, as the obligor is held and
firmly bound. In the constitution of the United States, it is provided, that no
person held to service or labor in one state under the laws thereof, escaping
into another, shall, in consequence of any law or regulation therein, be
discharged from such service or labor, but shall be delivered up on the claim of
the party to whom such service or labor may be due. Art. 4, sec. 3, §3; 2 Serg.
& R. 306; 3 Id. 4; 5 Id. 52; 1 Wash. C. C. R. 500; 2 Pick. 11; 16 Pet. 539,
HOLDER. The holder of a bill of exchange is the person who is legally
in the possession of it, either by endorsement or delivery, or both, and
entitled to receive payment either from the drawee or acceptor, and is
considered as an assignee. 4 Dall. 53. And one who endorses a promissory note
for collection, as an agent, will be considered the holder for the purpose of
transmitting notices. 2 Hall, R. 112; 6 How. U. S. 248; 20 John.372. Vide Bill
HOLDING OVER. The act of keeping possession by the tenant, without the
consent of the landlord of premises which the latter, or those under whom he
claims, had leased to the former, after the term has expired.
2. When a proper notice has been given, this injury is remedied by,
ejectment, or, under local regulations, by summary proceedings. Vide 2 Yeates'
R. 523; 2 Serg. & Rawle, 486; 5 Binn. 228; 8 Serg. & Rawle, 459; 1 Binn.
334, a.; 5 Serg. & Rawle 174; 2 Serg. & Rawle, *50; 44 Rawle, 123.
HOLOGRAPH. What is written by one's own hand. The same as Olograph.
HOMAGE, Eng. law. An acknowledgment made by the vassal in the presence
of his lord, that he is his man, that is, his subject or vassal. The form in law
French was, Jeo deveigne vostre home.
2. Homage was liege and feudal. The former was paid to the king, the latter
to the lord. Liege, was borrowed from the French, as Thaumas informs us, and
seems to have meant a service that was personal and inevitable. Houard, Cout.
Anglo Norman, tom. 1, p. 511; Beames; Glanville, 215, 216,218, notes.
HOME PORT. The port where the owner of a ship resides; this is a
HOMESTALL. The mansion-house.
HOMESTEAD. The place of the house or home place. Homestead farm does
not necessarily include all the parcels of land owned by the grantor, though
lying and occupied together. This depends upon the intention of the parties when
the term is mentioned in a deed, and is to be gathered from the context. 7 N. H.
Rep. 241; 15 John. R. 471. See Manor; Mansion.
HOMICIDE, crim. law. According to Blackstone, it is the killing of any
human creature. 4 Com. 177. This is the most extensive sense of this word, in
which the intention is not considered. But in a more limited sense, it is always
understood that the killing is by human agency, and Hawkins defines it to be the
killing of a man by a man. 1 Hawk. c. 8, s. 2. See Dalloz, Dict. h. t. Homicide
may perhaps be described to be the destruction of the life of one human being,
either by himself, or by the act, procurement, or culpable omission of another.
When the death has been intentionally caused by the deceased himself, the
offender is called felo de se; when it is caused by another, it is justifiable,
excusable, or felonious.
2. The person killed must have been born; the killing before birth is balled
foeticide. (q. v.)
3. The destruction of human life at any period after birth, is homicide,
however near it may be to extinction, from any other cause.
4. - 1. Justifiable homicide is such as arises, 1st. From unavoidable
necessity, without any will, intention or desire, and without any inadvertence
in the party killing, and therefore without blame; as, for instance, the
execution, according to law, of a criminal who has been lawully sentenced to be
hanged; or, 2d. It is committed for the advancement of public justice; as if an
officer, in the lawful execution of his office, either in a civil or criminal
case, should kill a person who assaults and resists him. 4 Bl. Com. 178-1 80.
See Justifiable Homicide.
5. - 2. Excusable homicide is of two kinds 1st. Homicide per infortunium. (q.
v.) or, 2d. Se defendendo, or self defence. (q. v.) 4 Bl. Com. 182, 3.
6. - 3. Felonious homicide, which includes, 1. Self-murder, or suicide;2.
Man-slaughter, (q. v.); and , 3. Murder. (q. v.) Vide, generally, 3 Inst. 47 to
57; 1 Hale P. C. 411 to 602; 1 Hawk. c. 8; Fost. 255 to 837; 1 East, P. C. 214
to 391; Com. Dig. Justices, L. M.; Bac. Ab. Murder and Homicide; Burn's Just. h.
t.; Williams' Just. h. t.; 2 Chit. Cr. Law, ch.9; Cro. C. C. 285 to 300; 4 Bl.
Com. to 204; 1 Russ. Cr. 421 to 553; 2 Swift's Dig. 267 to 292.
HOMINE CAPTO IN WITHERNAM, Engl. law.. The name of a writ directed to
the sheriff, and commanding him to take one who has taken any bondsman, and
conveyed him out of the country, so that he cannot be replevied. Vide Withernam;
Thesaurus, Brev. 63.
HOMINE ELIGENDO, English law. The name of a writ directed to a
corporation, requiring the members to make choice of a new man, to keep the one
part of a seal appointed for statutes merchant. Techn. Dict. h. t.
HOMINE REPLEGIANDO. When a man is unlawfully in custody, he may be
restored to his liberty by writ de hominereplegiando, upon giving bail; or by a
writ of habeas, corpus, which is the more usual remedy. Vide Writ de homine
HOMO. This Latin word, in its most enlarged sense, includes both man
and woman. 2 Inst. 45. Vide Man.
HOMOLOGATION, civil law. Approbation, confirmation by a court of
justice, a judgment which orders the execution of some act; as, the approbation
of an award, and ordering execution on the same. Merl. Repīrt. h. t.; Civil Code
of Louis. Index, h. t.; Dig. 4, 8; 7 Toull. n. 224. To homologate, is to say the
like, similiter dicere. 9 Mart. L. R. 324.
HONESTY. That principle which requires us to give every one his due.
Nul ne doit slenrichir aux de ens du droit d'autrui.
2. The very object of social order is to promote honesty, and to restrain
dishonesty; to do justice and to prevent injustice. It is no less a maxim of law
than of religion, do unto others as you wish to be done by.
HONOR. High estimation. A testimony of high estimation. Dignity.
Reputation. Dignified respect of character springing from probity, principle, or
moral rectitude. A duel is not justified by any insult to our honor. Honor is
also employed to signify integrity in a judge, courage in a soldier, and
chastity in a woman. To deprive a woman of her honor is, in some cases, punished
as a public wrong, and by an action for the recovery of damages done to the
relative rights of a hushand or a father. Vide Criminal conversation.
2. In England, when a peer of parliament is sitting judicially in that body,
his pledge of honor is received instead of an oath; and in courts of equity,
peers, peeresses, and lords of parliament, answer on their honor only. But the
courts of common law know no such distinction. It is needless to add, that as we
are not encumbered by a nobility, there is no such distinction in the United
States, all persons being equal in the eye of the law.
HONOR, Eng. law. The seigniory of a lord paramount. 2 Bl. Com. 9f.
TO HONOR, contr. To accept a bill of exchange; to pay a bill accepted,
or a promissory note, on the day it becomes due. 7 Taunt. 164; 1 T. R. 172. Vide
HONORARIUM. A recompense for services rendered. It is usually applied
only to the recompense given to persons whose business is connected with
science; as the fee paid to counsel.
2. It is said this honorarium is purely voluntary, and differs from a fee,
which may be recovered by action. 5 Serg. & Rawle, 412; 3 Bl. Com. 28;1
Chit. Rep. 38; 2 Atk. 332; but see 2 Penna. R. 75; 4 Watts' R. 334. Vide Dalloz,
Dict. h. t., and Salary. See Counsellor at law.
HORS DE SON FEE, pleading in the ancient English law. These words
signify out of his fee. A plea which was pleaded, when a person who pretended to
be the lord, brought an action for rent services, as issuing out of his land:
because if the defendant could prove the land was out of his fee, the action
failed. Vide 9 Rep. 30; 2 Mod. 104; 1 Danvers' Ab. 655; Vin. Ab. h. t.
HORSE. Until a horse has attained the age of four years, he is called
a colt. (q. v.) Russ. & Ry. 416. This word is sometimes used as a generic
name for all animals of the horse kind. 3 Brev. 9. Vide Colt; Gender; and Yelv.