KFLCC Kingdom Law 2nd Ed.

564

HEAD-NOTE

HEAT OF PASSION

HEAD-NOTE. A syllabus to a reported case; a summary of the points decided in the case, which is placed at the head or be ginning of the report. HEAD-PENCE. An exaction of 40d. or more, collected by the sheriff of Northum berland from the people of that county twice in every seven years, without account to the king. Abolished In 1444. Cowell. In the laws of the republic of Texas, a certificate issued under authority of an act of 1839, which provided that every person immigrat ing to the republic between October 1, 1837, and January 1, 1840, who was the head of a family and actually resided within the government with his or her family should be entitled to a grant of 640 acres of land, to be held under such a certificate for three years, and then conveyed by absolute deed to the settler, if in the mean time he had resided permanently within the republic and performed all the duties required of citi zens. Cannon v. Vaughan, 12 Tex. 401; Turner v. Hart, 10 Tex. 441. In old English law. One of the services to be rendered by a thane, but in what it consisted seems un certain. HEADRIGHT CERTIFICATE. HEAFODWEARD. HEALSFANG. In Saxon law. A sort of pillory, by which the head of the culprit was caught between two boards, as feet are caught in a pair of stocks. Cowell. HEAIiER. One who heals or cures; spe cifically, one who professes to cure bodily diseases without medicine or any material means, according to the tenets and prac tices of so-called "Christian Science," whose beliefs and practices, being founded on their religious convictions, are not per se proof of insanity. In re Brush's Will, 35 Misc. Bep. 689, 72 N. Y. Supp. 425. Another name for a curative act or statute. See Lockhart v. Troy, 48 Ala. 584. Freedom from sickness or suffering. The right to the enjoyment of health is a subdivision of the right of per sonal security, one of the absolute rights of persons. 1 Bl. Oomm. 129, 134. As to in juries affecting health, see 3 Bl. Comm. 122. —Bill of health. See BILL.— Board of health. See BOARD.—Health laws. Laws prescribing sanitary measures, and designed to promote or preserve the health of the commu nity.— Health officer. The officer charged with the execution and enforcement of health laws. The powers and duties of health officers HEADING ACT. HEALTH. HEALGEMOTE. In Saxon law. A court-baron; an ecclesiastical court.

are regulated by local laws.— Public health. As one of the objects of the police power of the state, the "public health" means the pre vailingly healthful or sanitary condition of the general body of people or the community in mass, and the absence of any general or wide spread disease or cause of mortality. HEALTHY. Free from disease or bodily ailment, or any state of the system pecu liarly susceptible or liable to disease or bod ily ailment Bell v. Jeffreys, 35 N. C. 356. HEARING. In equity practice. The hearing of the arguments of the counsel for the parties upon the pleadings, or pleadings and proofs; corresponding to the trial of an action at law. The word "hearing" has an established mean ing as applicable to equity cases. It means the same thing in those cases that the word "trial" does in cases at law. And the words "final hearing" have long been used to designate the trial of an equity case upon the merits, as dis tinguished from the hearing of any preliminary questions arising in the cause, and which are termed "interlocutory." Akerly v. Vilas, 24 Wis. 171, 1 Am. Rep. 166. In criminal law. The examination of a prisoner charged with a crime or misde meanor, and of the witnesses for the ac cused. —Final hearing. See FINAL. HEARSAY. A term applied to that spe cies of testimony given by a witness who relates, not what he knows personally, but what others have told him, or what he has heard said by others. Hopt v. Utah, 110 U. S. 574, 4 Sup. Ct. 202, 28 L. Ed. 262; Morell v. Morell, 157 Ind. 179, 60 N. E. 1092; Stockton v. Williams, 1 Doug. (Mich.) 570; People v. Kraft, 91 Hun, 474, 36 N. Y. Supp. 1034. Hearsay evidence is that which does not derive its value solely from the credit of the witness, but rests mainly on the veracity and competency of other persons. The very nature of the evidence shows its weakness, and it is admitted only in specified cases from necessity. Code Ga. 1882, § 3770; 1 Phil. Ev. 185. Hearsay evidence is second-hand evidence, as distinguished from original evidence; it is the repetition at second-hand of what would be original evidence if given by the person who originally made the statement HEARTH MONEY. A tax levied in England by St. 14 Car. II. c. 10, consisting of two shillings on every hearth or stove in the kingdom. It was extremely unpopular, and was abolished by 1 W. & M. St. 1, c. 10. This tax was otherwise called "chim ney money." HEARTH SILVER. In English law. A species of modus or composition for tithes. Anstr. 323, 326. HEAT OF PASSION. In criminal law. A state of violent and uncontrollable rage