KFLCC Kingdom Law 2nd Ed.

HABITUAL CRIMINAL

556

H-EREDITAS

Holmes v. Oregon & C. R. Co. (D. C.) 5 Fed. 527; Nowlin v. Scott, 10 Grat. (Va.) 65; Har vard College v. Gore, 5 Pick. (Mass.) 372. HABITUAL CRIMINAL. By statute in several states, one who is convicted of a felony, having been previously convicted of any crime (or twice so convicted), or who is convicted of a misdemeanor and has previous ly (in New York) 'been five times convicted of a misdemeanor. Crim. Code N. Y. 1903, § 510; Rev. St. Utah, 1898, § 4067. In a more gen eral sense, one made subject to police sur veillance and arrest on suspicion, on account of his previous criminal record and absence of honest employment —Habitual criminals act. The statute 32 & 33 Vict. c. 99. By this act power was given to apprehend on suspicion convicted persons holding license under the penal servitude acts, 1853, 1857, and 1864. The act was repealed and replaced by the prevention of crimes act, 1871, (34 & 35 Vict. c. 112.) A person given to ebriety or the excessive use of in toxicating drink, who has lost the power or the will, by frequent indulgence, to control his appetite for it Ludwick v. Com., 18 Pa. 174; Gourlay v. Gourlay, 16 R. I. 705, 19 Atl. 142; Miskey's Appeal, 107 Pa. 626; Richards v. Richards, 19 111. App. 467; Mc Bee v. McBee, 22 Or. 329, 29 Pac. 887, 29 Am. St Rep. 613. One who has the habit of indulging in intoxi cating liquors so firmly fixed that he becomes intoxicated as often as the temptation is pre sented by his being in the vicinity where liquors are sold is an "habitual drunkard," within the meaning of the divorce, law. Magahay v. Magahay, 35 Mich. 210. In England, it is defined by the habitual drunkards' act 1879, (42 & 43 Vict. c. 19,) which authorizes confinement in a retreat, upon the party's own application, as "a person who, not being amenable to any jurisdiction in lu nacy, is, notwithstanding, by reason of habitual intemperate drinking of intoxicating liquor, at times dangerous to himself, or herself, or oth ers, or incapable of managing himself or her self, or his or her affairs." L. Fr. In old English law. A port or harbor; a station for ships. St. 27 Hen. VI. c. 3. HACIENDA. In Spanish law. The pub lic domain; the royal estate; the aggregate wealth of the state. The science of admin istering the national wealth; public economy. Also an estate or farm belonging to a private person. Carriages plying for hire in the street. The driver is liable for negligently losing baggage. Mas terson v. Short, 33 How. Prac.

HADD. In Hindu law. A boundary or limit. A statutory punishment defined by law, and not arbitrary. Mozley & Whitley. HADERUNGA. In old English law. Hatred; ill will; prejudice, or partiality. Spelman; Cowell. HADGONEL. In old English law. A tax or mulct. Jacob. HffiC EST CONVENTIO. Lat This is an agreement. Words with which agree ments anciently commenced. Yearb. H. 6 Edw. II. 191. HXC EST FINALIS CONCORDIA. L. Lat This is the final agreement. The words with which the foot of a fine com menced. 2 Bl. Comm. 351. HXREDA. In Gothic law. A tribunal answering to the English court-leet HiEREDE ABDUCTO. An ancient writ that lay for the lord, who, having by right the wardship of his tenant under age, could not obtain his person, the same being carried away by another person. Old Nat. Brev. 93. ALTERI QUI HABET CUSTODIUM TERR^B. An ancient writ, directed to the sheriff, to re quire one that had the body of an heir, be ing in ward, to deliver him to the person whose ward he was by reason of his land. Reg. Orig. 161. BLSIREDE RAFTO. An ancient writ that lay for the ravishment of the lord's ward. Reg. Orig. 163. Hseredem Dens facit, non Homo. God makes the heir, not man. Co. Litt. 76. H32REDES. Lat In the civil law. Heirs. The plural of hceres, (q. v.) HiEREDIPETA. Lat. In old English law. A seeker of an inheritance; hence, the next heir to lands. Hseredipetse sno propinqno vel extra neo periculoso sane custodi nnllus com mittatnr. To the next heir, whether a re lation or a stranger, certainly a dangerous guardian, let no one be committed. Co. Litt 88&. BLXREDITAS. In Roman law. The hcereditas was a universal succession by law to any deceased person, whether such person had died testate or intestate, and whether in trust (ex fideicommisso) for another or not. The like succession according to Praetorian law was bonorum possessio. The hcereditas was called "jacens" until the hceres took it up, i. e., made his aditio hcereditatis; and such hceres, if a suus hceres, had the right to abstain, (potestas abstinendi,) and, if an ex traneus hceres, had the right to consider HiEREDE DELIBERANDO