Latin for Lawyers

HABEAS CORPUS AD TESTIFICANDUM

accorded due process. Access to the writ is guaranteed by Article I, Section 9 of the Constitution. In civil matters, the writ enables the court to review cus tody or deportation proceedings. HABEAS CORPUS AD TESTIFICANDUM A writ requiring production of a prisoner before the court to enable him to give testimony. HABENDUM (CLAUSE) [L. habere / to have, hold] That portion of a deed or conveyance usually following a description of the property and following the words to have and to hold , which defines and lim its the interest or estate being granted; e.g., a life estate, a joint tenancy, etc. HABENDUM ET TENENDUM To have and to hold. HABERE FACIAS POSSESSIONEM [L. habere / to have, hold + facere / to make, do + possidere, possessio / to take possession, possession] A writ enabling a judgment creditor in an action for ejectment to obtain pos session of his property. A writ directing the sheriff to give possession of prop erty to the plaintiff after an action to determine title. HABERE FACIAS SEISANUM A writ directing the sheriff after an action over title to real property to put a successful plantiff in actual possession. HABERE FACIAS VISUM A writ directing the sheriff to inspect property subject to a dispute. HABITABLE, HABITABILITY [L. habito, habitare / to inhabit, dwell, reside in] Capable of being lived in. Ready for human habitation. The condition of pre mises which enables people to live in them free of disturbances to health and safety. Under the warranty of habitability , which attaches to every new unit of housing, the owner warrants to his buyer that he has complied with all zon ing and building requirements and that the housing unit is free of defects and ready for occupancy. The warranty is also imposed by statute in most states against any landlord who rents a dwelling unit to a tenant. HABITANCY [L. habitare ] A fixed home or residence regarded by the occupant as the place to which he intends to return after absence. A permanent dwelling. See DOMICILE

152