Blacks Law Dict. 1st ed

HYTHE

586

HYPOTHECATION

ment of a court of justice; and when it is the result of an agreement of the par ties. Brown. HYPOTHESIS. A supposition, assump tion, or theory; a theory set up by the prosecu tion, on a criminal trial, or by the defense, as an explanation of the facts in evidence, and a ground for inferring guilt or innocence, as the case may be, or as indicating a probable or possible motive for the crime. HYPOTHETICAL CASE. A combina tion of assumed or proved facts and circum stances, stated in such form as to constitute a coherent and specific situation or state of facts, upon which the opinion of an expert is asked, by way of evidence on a trial. HYPOTHETICAL YEARLY TEN ANCY. The basis, in England, of rating lands and hereditaments to the poor-rate, and to other rates and taxes that are expressed to be leviable or assessable in like manner as the poor-rate. HYRNES. In old English law. A par ish. HYSTEROPOTMOI. Those who, hav ing been thought dead, had, after a long ab sence in foreign countries, returned safely home; or those who, having been thought dead in battle, had afterwards unexpectedly escaped from their enemies and returned home. These, among the Romans, were not permitted to enter their own houses at the door, but were received at a passage opened in the roof. Enc. Lond. HYSTEROTOMY. The Caesarian opera tion. HYTHE. In English law. A port, wharf, or small haven to embark or land merchandise at. Cowell; Blount.

into the possession of the pledgee or pawnee; or, conversely, a conventional right existing in one person over specific property of an other, which consists in the power to cause a sale of the same, though it be not in his possession, in order that a specific claim of the creditor may be satisfied out of the pro ceeds. The term is frequently used in our text books and reports, particularly upon the law of bottomry and maritime liens; thus a ves sel is said to be hypothecated for the demand of one who has advanced money for supplies. In the common law, there are but few, if any, cases of hypothecation, in the strict sense of the civil law; that is, a pledge without possession by the pledgee. The nearest approaches, perhaps, are cases of bottomry bonds and claims of material men, and of seamen for wages; but these are liens and privileges, ratherthan hypothecations. Story, Bailm. § 288. "Hypothecation" is a term of the civil law, and is that kind of pledge in which the possession of the thing pledged remains with the debtor, (the obligation resting in mere contract without deliv ery;) and in this respect distinguished from u pig nus, " in which possession is delivered to the cred itor or pawnee. 24 Ark. 27. See 2 Bell, Comm. 25. HYPOTHECATION BOND. A bond given in the contract of bottomry or respon dentia. HYPOTHEQUE. In French law. Hy pothecation; a mortgage on real property; the right vested in a creditor by the assign ment to him of real estate as security for the payment of his debt, whether or not it be accompanied by possession. See Civil Code La. art. 3360. It corresponds to the mortgage of real property in English law, and is a real charge, following the property into whosesoever hands it comes. It may be ligale, as in the case of the charge which the state has over the lands of its accountants, or which a married woman has over those of her hus band; judiclaire, when it is the result of a judg

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