KFLCC Kingdom Law 2nd Ed.

H

554

HABENDUM

H H. This letter, as an abbreviation, stands for Henry (a king of that name) in the cita tion of English statutes. In the Year Books, it is used as an abbreviation for Hilary term. In tax assessments and other such official records, "h" may be used as an abbreviation for "house," and the courts will so under stand it. Alden v. Newark, 36 N. J. Law, 288; Parker v. Elizabeth, 39 N. J. Law, 693. H. A. An abbreviation for hoc anno, this year, in this year. H. B. An abbreviation for house bill, i. e., a bill in the house of representatives, as distinguished from a senate bill. H. O. An abbreviation for house of com mons, or for habeas corpus. H. L. An abbreviation for house of lords. H. R. An abbreviation for house of rep resentatives. H. T. An abbreviation for Jwo titulo, this title, under this title; used in references to books. H. V. An abbreviation for hoc verbo or hac voce, this word, under this word; used in references to dictionaries and other works alphabetically arranged. HABE, or HAVE. Lat. A form of the salutatory expression "Ave," (hail,) in the titles of the constitutions of the Theodosian and Justinianean Codes. Calvin; Spelman. HABEAS CORPORA JURATORUM. A writ commanding the sheriff to bring up the persons of jurors, and, if need were, to distrain them of their lands and goods, in order to insure or compel their attendance in court on the day of trial of a cause. It is sued from the Common pleas, and serve'd the same purpose as a distringas juratores in the King's Bench. It was abolished by the O. L. P. Act, 1852, § 104. Brown. HABEAS CORPUS. Lat. (You have the body.) The name given to a variety of writs, (of which these were anciently the em phatic words,) having for their object to bring a party before a court or judge. In common usage, and whenever these words are used alone, they are understood to mean the habeas corpus ad subjiciendum, (see infra.) —Habeas corpus act. The English statute of 31 Car. II. c. 2, is the original and promi nent habeas corpus act. It was amended and supplemented by St. 56 Geo. III. c. 100. And similar statutes have been enacted in all the United States. This act is justly regarded as the great constitutional guaranty of personal lib erty —Habeas corpus ad deliberandum et recipiendum. A writ which is issued to re move, for trial, a person confined in one county

to the county or place where the offense of which he is accused was committed. Bac. Abr. "Habeas Oorpus," A; 1 Chit. Crim. Law, 132. Ex parte Bollman, 4 Cranch, 97, 2 L. Ed. 554. Thus, it has been granted to remove a person in custody for contempt to take his trial for perjury in another county. 1 Tyrw. 185.— Ha beas corpus ad faciendum et recipien dum. A writ issuing in civil cases to remove the cause, as also the body of the defendant, from an inferior court to a superior court having jurisdiction, there to be disposed of. It is also called "liabeas corpus cum 'causa." fix parte Bollman, 4 Cranch, 97, 2 L. Ed. 554 —- Habeas corpus ad prosequendum. A writ which issues when it is necessary to remove a prisoner in order to prosecute in the proper jurisdiction wherein the fact was committed. 3 Bl. Comm. 130.— Habeas corpus ad re spondendum. A writ which is usually em ployed in civil cases to remove a person out of the custody of one court into that of another, in order that he may be sued and answer the action in the latter. 2 Sell Pr. 259; 2 Mod. 198; 3 Bl. Comm. 129; 1 Tidd, Pr. 300.— Ha beas corpus ad satisfaciendum. In Eng lish practice. A writ which issues when a prisoner has had judgment against him in an action, and the plaintiff is desirous to bring him up to some superior court, to charge him with process of execution. 3 BI. Comm. 129, 130; 3 Steph. Comm. 693; 1 Tidd, Pr. 350. — Habeas corpus ad subjiciendum. A wrijb directed to the person detaining another, and commanding him to produce the body of the prisoner, (or person detained,) with the day and cause of his caption and detention, ad faciendum, subjiciendum et recipiendum, to do, submit to, and receive whatsoever the judge or court awarding the writ shall consider in that behalf. 3 Bl. Comm. 131; 3 Steph. Comm. 695. This is the well-known remedy for deliv erance from illegal confinement, called by Sir William Blackstone the most celebrated writ in the English law, and the great and efficacious writ in all manner of illegal confinement. 3 Bl. Comm. 129— Habeas corpus ad testifi candum. A writ to bring a witness into court, when he is in custody at the time of a trial, commanding the sheriff to have his body before the court, to testify in the cause, 3 Bl. Comm. 130; 2 Tidd, Pr. 809. Ex parte Marmaduke, 91 Mo. 250, 4 S. W. 91, 60 Am. Rep 250.— Habeas corpus cum causa. (You have the body, with the cause.) Another name for the writ of habeas corpus ad. faciendum et recipiendum, (q. v.) 1 Tidd, Pr. 348, 349. Habemus optimum testem, confitentem reum. 1 Phil. Ev. 397. We have the best witness,—a confessing defendant "W ( hat is taken pro confesso is taken as indubitable truth. The plea of guilty by the party ac cused shuts out all further inquiry. Habe mus confitentem reum is demonstration, un less indirect motives can be assigned to it" 2 Hagg. Eccl. 315. HABENDUM. Lat. In conveyancing. The clause usually following the granting part of the premises of a deed, which defines the extent of the ownership in the thing granted to be held and enjoyed by the gran tee. 3 Washb. Real Prop. 437; New York Indians v. U. S., 170 U. S. 1, 18 Sup. Ct. 531, 42 L. Ed. 927; Clapp v. Byrnes, 3 App. Div, 284, 38 N. Y. Supp. 1063; Miller T. Graham,