KFLCC Kingdom Law 2nd Ed.

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HABITATION

HABENDUM

licorn, 104 Iowa, 97, 73 N. W. 503; State r. Robinson, 111 Ala. 482, 20 South. 30. —Habit and repute. By the law of Scot land, 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 habitable repair" binds him to put them into such a state that they may be occupied, not only with safety, but with reasonable comfort, for the purposes for which they are taken. Miller v. McCardell, 19 R. I. 304, 33 Atl. 445, 30 L. R. A. 682. Settled dwelling in a giv en place; fixed and permanent residence there. This term is more comprehensive than "domicile," for one may be domiciled in a given place though he does not spend the greater portion of his time there, or though he may be absent for long periods. It is also more comprehensive than "residence," for one may reside in a given place only tem porarily or for short periods on the occasion of repeated visits. But in neither case could he properly be called an "inhabitant" of that place or be said to have his "habitancy" there. See Atkinson v. Washington & Jef ferson College, 54 W. Va. 32, 46 S. E. 253; Hairston v. Hairston, 27 Miss. 711, 61 Am. Dec. 530; Abington v. North Bridgewater, 23 Pick. (Mass.) 170. And see DOMICILE; RESI DENCE. It is difficult to give an exact definition of "habitancy." In general terms, one may be des ignated as an "inhabitant" of that place which constitutes the principal seat of his residence, of his business, pursuits, connections, attach ments, and of his political and municipal rela tions. The term, therefore, embraces the fact of residence at a place, together with the intent to regard it and make it a home. The act and intent must concur. Lyman v. Fiske, 17 Pick. (Mass.) 231. 28 Am. Dec. 293. Fr. In French and Ca nadian law. A resident tenant; a settler; a tenant who kept hearth and home on the seigniory. Lat. In the civil law. The right of dwelling; the right of free resi dence in another's house. Inst. 2, 5; Dig. 7,8. HABITATION. In the civil law. The right of a person to live in the house of an other without prejudice to the property. It differed from a usufruct, in this: that the usufructuary might apply the house to any purpose, as of a store or manufactory; where as the party having the right of habitation could only use it for the residence of himself and family. 1 Browne, Civil Law, 184. In estates. A dwelling-house; a home stall. 2 Bl. Comm. 4; 4 Bl. Comm. 220; HABITANCY. HABITANT. HABITATIO.

47 S. C. 288, 25 S. E. 165; Hart v. Gardner, 74 Miss. 153, 20 South. 877. —Habendum et tenendum. In old convey ancing. To have and to hold. Formal words in deeds of land from a very early period. Bract, fol. 176. In old Eng lish law. Rich men; literally, having men. The same with fcesting-men, (g. v.) Cowell. HABENTES HOMINES.

HABENTIA.

Riches. Mon. Angl. t 1,

100.

HABERE.

Lat. In the civil law. To

have. Sometimes distinguished from

tenere,