Blacks Law Dict. 1st ed

568

HEREDITAMENTS

HERALDRY

HERCISCUNDA. In the civil law. To be divided. Familia herciscunda, an in heritance to be divided. Actio families her ciscundce, an action for dividing an inher itance. Erciscunda is more commonly used in the civil law. Dig. 10, 2; Inst. 3, 28, 4; Id. 4, 6, 20. HERDEWICH. A grange or place for cattle or husbandry. Hon. Angl. pt. 3. HERDWERCH, HEORDWERCH. Herdsmen's work, or customary labor, done by shepherds and inferior tenants, at the will of the lord. Cowell. HEREBANNUM. In old English law. A proclamation summoning the army into the field. A mulct or fine for not joining the army when summoned. Spelman. A tax or tribute for the support of the army. Du Cange. HEREBOTE. The royal edict summon ing the people to the field. Cowell. HEREDAD. In Spanish law. A piece of land under cultivation; a cultivated farm, real estate. HEREDAD YACENTE. From Lat. "hcereditas Jacens, " (g. v.) In Spanish law. An inheritance not yet entered upon or ap propriated. White, New Recop. b. 2, tit. 19, c. 2, § 8. HEREDERO. In Spanish law. Heir; he who, by legal or testamentary disposition, succeeds to the property of a deceased per son. "Hares censeatur cum defuncto una eademque persona." Las Partidas, 7, 9, 13. HEREDITAGIUM. In Sicilian and Ne apolitan law. That which is held by heredi tary right; the same with hereditamentum (hereditament) in English law. Spelman. HEREDITAMENTS. Things capable of being inherited, be it corporeal or incorpo real, 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. 56; 2 Bl. Comm. 17. The two kinds of hereditaments are cor poreal, which are tangible, (in fact, they mean the same thing as land,) and incorpo real, which are not tangible, and are the rights and profits annexed to or issuing out of land. Wharton. The term includes a few rights unconnected with land, but it is generally used as the widest

just armorial bearings, and regulate the cer emonies at royal coronations and funerals. HERALDRY. The art, office, or science of heralds. Also an old and obsolete abuse of buying and selling precedence in the pa per of causes for hearing. HERALDS' COLLEGE. In England. An ancient royal corporation, first instituted by Richard III. in 1483. It comprises three kings of arms, six heralds, and four marshals or pursuivants of arms, together with the earl marshal and a secretary. The heralds' books, compiled when progresses were sol emnly and regularly made into every part of the kingdom, to inquire into the state of fam ilies, and to register such marriages and de scents as were verified to them upon oath, are allowed to be good evidence of pedigrees. The heralds' oihce is still allowed to make grants of arms and to permit change of names. 3 Starkie, Ev. 843; Wharton. HERBAGE. In English law. An ease ment or liberty, which consists in the right to pasture cattle on another's ground. Feed for cattle in fields and pastures. Bract, fol. 222; Co. Litt. 46; Shep. Touch. 97. A right to herbage does not include a right to cut grass, or dig potatoes, or pick apples. 4 N. H. 303. HERBAGIUM ANTERIUS. The first crop of grass or hay, in opposition to after math or second cutting. Faroch. Antiq. 459. HERBENGER, or HARBINGER. An officer in the royal house, who goes before and allots the noblemen and those of the household their lodgings; also an innkeeper. HERBERGAGIUM. Lodgings to re ceive guests in the way of hospitality. Cow ell. HERBERGARE. To harbor; to enter tain. HERBERGATXJS. Harbored or enter tained in an inn. Cowell. HERBERY, or HERBURY. An inn. Cowell. HERCIA. A harrow. Fleta, lib. 2, c. 77. HERCIARE. To harrow. 4 Inst. 270. HERCIATURA. In old English law. Harrowing; work with a harrow. Fleta, lib. 2, c. 82, § 2.

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