Blacks Law Dict. 1st ed

HEARTH MONEY

564

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persons. 1 Bl. Comm. 129, 134. As to in juries affecting health, see 3 Bl. Comm. 122. HEALTH LAWS. Laws prescribing sanitary measures, and designed to promote or preserve the health of the community. HEALTH OFFICER. Theofficer charged with the execution and enforcement of health laws. The powers and duties of health officers are regulated by local laws. HEALTHY. Free from disease or bodily ailment, or any state of the system peculiarly susceptible or liable to disease or bodily ail ment. 13 Ired. Law, 356. HEARING. In equity practice. The hearing of the arguments of the counsel for the parties upon the pleadings, or pleadings and proofs; corresponding to the trial of an action at law. The word "hearing" has an established meaning as applicable to equity cases. It means the same thing in those cases that the word "trial" does ib cases at law. And the words "finalhearing " have long been used to designate the trial of an equity case upon the merits, as distinguished from the tearing of any preliminary questions arising in the cause, and which are termed "interlocutory." 24 Wis. 171. In criminal law. The examination of a prisoner charged with a crime or misdemean or, and of the witnesses for the accused. HEARSAY. A term applied to that spe cies of testimony given by a witness who re lates, not what he knows personally, but what others have told him, or what he has heard said by others. Hearsay evidence is that which does not derive its value solely from the credit of the witness, but rests mainly on the veracity and competency of other persons. The very nat ure of the evidence shows its weakness, and it is admitted only in specified cases from necessity. Code Ga. 1882, § 3770; 1 Phil. Ev. 185. Hearsay evidence is second-hand evi dence, as distinguished from original evi dence; it is the repetition at second-hand of what would be original evidence if given by the person who originally made the state ment. HEARTH MONEY. A tax levied in England by St. 14 Car. II. c. 10, consisting of two shillings on every hearth or stove in the kingdom. It was extremely unpopular, and was abolished by 1 W. & M. St. 1, c. 10. This tax was otherwise called "chimney money."

Dy parol that the person intended is a female. 71 Cal. 38, 11 Pac. Rep. 802. He who has committed iniquity shall act have equity. Francis, Max. He who seeks equity must do equity, ft is in pursuance of this maxim that equity enforces the right of the wife's equity to a settlement. Snell, Eq. (5th Ed.) 374. HEAD. Chief; leading; principal; the upper part or principal source of a stream. HEAD OP A CREEK. This term means the source of the longest branch, un less general reputation has given the appel lation to another. 2 Bibb, 110. HEAD OF A FAMILY. A term used in homestead and exemption laws to designate a person who maintains a family; a house holder. HEADBOROUGH. In Saxon law. The head or chief officer of a borough; chief of the frankpledge tithing or decennary. This office was afterwards, when the petty consta bleship was created, united with that office. HEAD-COURTS. Certain tribunals in Scotland, abolished by 20 Geo. II. c. 50. Ersk. 1,4,5. HEADLAND. In old English law. A narrow piece of unplowed land left at the end of a plowed field for the turning of the plow. Called, also, "butt." HEAD-NOTE. A syllabus to a reported case; a summary of the points decided in the case, which is placed at the head or begin ning of the report. HEAD-PENCE. An exaction of 40d. or more, collected by the sheriff of Northumber land from the people of that county twice in every seven yeais, without account to the king. Abolished in 1444. Cowell. HEAFODWEARD. In old English law. One of the services to be rendered by a thane, but in what it consisted seems uncertain. HEALG-EMOTE. In Saxon law. A court-baron; an ecclesiastical court. HEALSFANG. In Saxon law. A sort of pillory, by which the head of the culprit was caught between two boards, as feet are caught in a pair of stocks. Cowell. HEALTH. Freedom from sickness or suffering. The right to the enjoyment of health is a subdivision of the right of per sonal security, one of the absolute rights of

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