Blacks Law Dict. 1st ed

HABEAS CORPUS, ETC.

HABITANCT

555

Sir William Blackstone the most celebrated writ in the English law, and the great and efficacious writ in all manner of illegal con finement. 3 Bl. Comm. 129. HABEAS CORPUS AD TESTIFI CANDUM. In practice. A writ to bring a witness into court, when he is in custody at the time of a trial, commanding the sher iff to have bis body before the court, to tes tify in the cause. 8 Bl. Comm. 130; 2 Tidd, Pr. 809. HABEAS CORPUS CUM CAUSA. (You have the body, with the cause.) In practice. Another name for the writ of ha beas corpus ad faciendum et reeipiendum, (g. v.) 1 Tidd, Pr. 348, 349. Habemus optimum testem, conflten tem reum. 1 Phil. Ev. 397. We have the best witness, — a confessing defendant. "What is taken pro confesso is taken as in dubitable truth. The plea of guilty by the party accused shuts out all further inquiry. Habemus confltentem reum is demonstra tion, unless indirect motives can be assigned to it." 2 Hagg. Eccl. 315. HABENDUM. In conveyancing. The clause usually following the granting part of the premises of a deed, which defines the ex tent of the ownership in the thing granted to be held and enjoyed by the grantee. 3 Washb. Real Prop. 437. HABENDUM ET TENENDUM. In old conveyancing. To have and to hold. Formal words in deeds ot land from a very early period. Bract, fol. 176. HABENTES HOMINES. In old En glish law. Rich men; literally, having men. The same with fasting-men t (q. v.) Co well. HABENTIA. Riches. Mon. Angl. t. 1, 100. HABERE. Lat. In the civil law. To have. Sometimes distinguished from tenere, (to hold,) and possidere, (to possess;) habere referring to the right, tenere to the fact, and possidere to both. Calvin. HABERE FACIAS POSSESSIONEM. That you cause to have possession. The name of the process commonly resorted to by the successful party in an action of eject ment, for the purpose of being placed by the sheriff in the actual possession of the land recovered. It is commonly termed simply "" habere facias," or "hab. fa, n

HABERE FACIAS SEISINAM. That you cause to have seisin. The writ of exe cution in real actions, directing the sheriff to cause the demandant to have seisin of the lands recovered. It was the proper process for giving seisin of a freehold, as distin guished from a chattel interest in lands. HABERE FACIAS VISUM. Thatyou cause to have a view. A writ to cause the sheriff to take a view of lands or tenements. HABERE LICERE. Lat. In Ro man law. To allow [one] to have [posses sion.] This phrase denoted the duty of the seller of property to allow the purchaser to have the possession and enjoyment. For a breach of this duty, an actio ex empto might be maintained. HABERGEON. A diminutive of hau berk, a short coat of mail without sleeves. Blount. HABERJECTS. A cloth of a mixed color. Magna Charta, c. 26. HABETO TIBI RES TUAS. Have or take your effects to yourself. One of the old Roman forms of divorcing a wife. Calvin. HABILIS. Lat. Fit; suitable; active; useful, (of a servant.) Proved; authentic, (of Book of Saints.) Fixed; stable, (of au thority of the king.) Du Cange. HABIT. A disposition or condition of the body or mind acquired by custom or a usual repetition of the same act or function. HABIT AND REPUTE. Bythe law of Scotland, marriage may be established by "habit and repute" where the parties cohabit and are at the same time held and reputed as man and wife. See Bell. The same rule obtains in some of the United States. HABITABLE REPAIR. A covenant by a lessee to "put the premises into habit able repair" binds him to put them into such a state that they may be occupied, not only with safety, but with leasonable comfort, for the purposes for which they are taken. 2 Moody & R. 186. HABITANCY. It is difficult to give an exact definition of "habitancy." In general terms, one may be designated as an "inhab itant" of that place which constitutes the principal seat of his residence, of his busi ness, pursuits, connections, attachments, and of his political and municipal relations. The term, therefore, embraces the fact of residence at a place, together with the intent

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