KFLCC Kingdom Law 2nd Ed.

675

HOMAGE

HOMESTEAD

persona tarn domini qnam tenentis capi debet et fieri. Co. Litt. 68. Homage can not be done by proxy, nor by letters, but must be paid and received in the prorjer per son, as well of the lord as the tenant. In Spanish law. The judge of a district. Also an arbitrator chosen by the parties to a suit Also a man in good standing; one who is competent to testify in a suit When a person voluntarily takes up his abode in a given place, with intention to remain permanently, or for an indefinite period of time, or without any present inten tion to remove therefrom, such place of abode becomes his residence or home. This word has not the same technical meaning as "dom icile." See Langhammer v. Munter, 80 Md. 518, 31 Atl. 300, 27 L. R. A. 330; King v. King, 155 Mo. 406, 56 S. W. 534; Dean v. Cannon, 37 W. Va. 123, 16 S. E>. 444; Jef ferson v. Washington, 19 Me. 293; Welch v. Whelpley, 62 Mich. 15, 28 N. W. 744, 4 Am. St Rep. 810; Warren v. Thomaston, 43 Me. 418, 69 Am. Dec. 69. —Home office. The department of state through which the English sovereign adminis ters most of the internal affairs of the kingdom, especially the police, and communicates with the judicial functionaries. As applied to a cor poration, its principal office within the state or country wj^ere it was incorporated or formed. Rev. St. Tex. 1895, art 3096a.— Home port. In maritime law, the home port of a vessel is either the port where she is registered or en rolled, or the port at or nearest to which her owner usually resides, or, if there be more than one owner, the port at or nearest to which the husband or acting and managing owner resides. White's Bank v. Smith, 7 Wall. 651, 19 L. Ed. 211; The Ellen Holgate (D C.) 30 Fed. 125; The Albany, 1 Fed. Cas. 288; Com. v. Ayer & Lord Tie Co., 77 S. W. 688, 25 Ky. Law Rep. 1068. But for some purposes any port where the owner happens at the time to be with his vessel is its home port. Case v. Woolley, 6 Dana (Ky.) 27, 32 Am. Dec. 54. —Home rnle. In constitutional and statutory law, local self-government or the right thereof. Attorney General v. Lowrey, 131 Mich. 639, 92 N W. 289. In British politics, a programme or plan (or a more or less definitely formulated demand) for the right of local self-government for Ireland under the lead of an Irish national parliament. man. Home ne sera pnny pnr sner des brief es en conr t le roy, soit il a droit on a tort. A man shall not be punished for suing out writs in the king's court whether he be right or wrong. 2 Inst 228. HOMESOKEN, HOMSOKEN. See HAMESOKEN. HOMBRE BUENO. HOME. HOME, or HOMME. L. FT. Man; a

the latter sitting, and held his hands extend ed and joined between the hands of the lord, and said: "I become your man [homo] from this day forward, of life and limb and earthly honor, and to you will be faithful and loyal, and bear you faith, for the tenements that I claim to hold of you v saving the faith that I owe unto our sovereign lord the king, so help me God." The tenant then received a kiss from the lord. Homage could be done only to the lord himself. Litt § 85; Glanv. lib. 9, c. 1; Bract, fols. 77&, 78-80; Wharton. "Homage" Is to be distinguished from "fealty," another incident of feudalism, and which consisted in the solemn oath of fidelity made by the vassal to the lord, whereas hom age was merely an acknowledgment of ten ure. If the homage was intended to include fealty, it was called "liege homage;" but otherwise it was called "simple homage." Brown. —Homage ancestral. In feudal law. Hom age was called by this name where a man and his ancestors had immemorially held of another and his ancestors by the service of homage, which bound the lord to warrant the title, and also to hold the tenant clear of all services to superior lords. If the tenant aliened in fee, his alienee was a tenant by homage, but not by homage ancestral. Litt. § 143; 2 Bl. Comm. 300— Homage jury. A jury in a court-baron, consisting of tenants that do homage, who are to inquire and make presentments of the death of tenants, surrenders, admittances, and the like.—Homage liege. That kind of homage which was due to the sovereign alone as su preme lord, and which was done without any saving or exception of the rights of other lords. Spelman. to do homage. Cowell. HOMAGIO RESPECTTJANDO. A writ to the escheator commanding him to de liver seisin of lands to the heir of the king's tenant, notwithstanding his homage not done. Fitzh. Nat. Brev. 269. Liege homage; that kind of homage which was due to the sovereign alone as supreme lord, and which was done without any saving or exception of the rights of other lords Spelman. So called from ligan do, (binding,) because it could not be renounc ed like other kinds of homage.—Homaginm planum. In feudal law. Plain homage; a species of homage which bound him who did it to nothing more than fidelity, without any ob ligation either of military service or attendance in the courts of his superior. 1 Robertson's Car. V., Appendix, note 8.—Homaginm red dere. To renounce homage. This was when a vassal made a solemn declaration of disown ing and defying his lord; for which there was a set form and method prescribed by the feudal laws. Bract. 1. 2, c. 35, § 35.—Homaginm •implex. In feudal law. Simple homage," that kind of homage which was merely an ac knowledgment of tenure, with a saving of the rights of other lords. Harg. Go. Litt. note 18, lib. 2. Homaginm, non per proonratores nee per literaa fieri potnit, sed in propria HOMAGIUM. L. Lat. Homage, (g. v.) — Homaginm ligium. HOMAGER. One who does or is bound

HOMESTAIX.

A mansion-house. Dick

inson v. Mayer, 11 Heisk. (Tenn.) 521.

HOMESTEAD. The home place; the place where the home is. It is the home, the