To HARBOR. To shelter or secrete; to receive and secrete a person, especially a fugitive; to receive and secrete illegally, or in opposition to the claim of another.* To receive clandestinely and without lawful authority, a person for the purpose of so concealing him that another having a right to the lawful custody of such person shall be deprived of the same. Bouvier. Woodbury, J. 5 Howard's R. 215, 227. A distinction has been taken, in some decisions, between harbor and conceal. A person may be convicted of harboring a slave, although he may not have concealed her. 24 Alabama R. 71.

To constitute the offence of harboring or concealing a fugitive from labor, within the meaning of the Act of Congress of 1793, it must appear that the harboring or concealing was with the intention to elude the claim of the master of the alleged fugitive. 5 McLean's R. 65, 73.

HARDHEIDIS, Hardies, Hardittis. Sc. In old Scotch law. Lions; coins formerly of the value of three half-pence. 1 Pitc. Cr. Trials, part 1, p. 64, note. HARDI, Hardy. L. Fr. Daring; presumptuous. Il sera trope hardy pleador qui pledast; he would be a very bold pleader who should plead. Yearb. M. 3 Edw. III. 9. HARDITTIS. Sc. In old Scotch law. Hardetts; lions. 1 Pitc. Cr. Trials, part 1, p. 82. See Hardheidis.

HARER, Harier. L. Fr. To stir up; to provoke; to importune. Kelham.

HARMISCARA, Armiscara. L. Lat. In old European law. A kind of fine. Spelman, voc. Harniscara. Supposed by some to be a species of corporeal punishment. Id. ibid. The etymology and meaning of this word are both very uncertain. HARNASCA. L. Lat. In old European law. The defensive armor of a man; harness. Spelman.

HARNESA, Harnesia. L. Lat. In old English law. Harness; tackle. Fleta, lib. 2, cc. 21, 85.

HARNISCARA. L. Lat. In old European law. A kind of fine. The same with harmiscara, (q. v.)

HARTH, (or HEARTH) PENNY. [Sax. heorth peni.] In ancient English law. A tax or tribute of a penny, imposed upon every hearth or house; the same with Peter-pence, or Romescot. Spelman.

HASP AND STAPLE. In old Scotch law. The form of entering an heir in a subject situated within a royal borough. It consisted of the heir's taking hold of the hasp and staple of the door, (which was the symbol of possession,) with other formalities. See Bell's Dict.

HASPA. L. Lat. In old English law. The hasp of a door; by which the livery of seisin might anciently be made, where there was a house on the premises. Fieri debet traditio per ostium, et per haspam, vel annulum; livery should be made by the door, and by the hasp or ring, [that is, by delivering these to the party, in the name of the whole.] Bract. fol. 40, 398. haspam vel annulum hostii exterioris; by the hasp or ring of the outer door. Fleta, lib. 3, c. 15, § 5.

Per

In old records. The hasp or clasp of a book. Liber Statut. Eccl. Paul. Lond. MS. fol. 29 a. Cowell.

HASTA. Lat. In the civil law. A spear; the badge of a sale by auction. Hasta subjicere; to put under the spear; to put up at auction. Calv. Lex. In modern phrase, to put under the hammer. See Subhastare.

A

HASTA. Lat. In feudal law. spear. The symbol used in making investiture of a fief. Feud. Lib. 2, tit. 2.

HASTER. L. Fr. To haste; to hasten or despatch. Britt. c. 99.

HASTIF, Hastyfe. L. Fr. Hasty; inconsiderate; immature. Britt. c. 99.

HAT MONEY. [Fr. chapot.] In maritime law. An allowance formerly made to the master of a vessel, for the purchase of winter clothing, which, according to Jacobsen, was mentioned in almost all charter parties. Sea Laws, 88. Supposed to be the same with the modern allowance of primage. Bouvier. But see Molloy de

& M. st. 1, c. 10. 1 Bl. Com. 324, 325. See Chimney money, Fuage.

HEARTH SILVER. In English law. A species of modus or composition for tithes. Anstr. 323, 326.

H'EAS. The contracted form of writing habeas, in the old court hand, in the court of king's bench. Towns. Pl. 166. 1 Inst. Cler. 10.

HEBBERMAN. A kind of poacher, or unlawful catcher of fish on the river Thames. So called because they commonly fished at ebbing water. Cowell. Blount.

HEBBERTHEF. In Saxon law. The privilege of having the goods of a thief and the trial of him, within a certain liberty. Cart. S. Edmundi, MS. fol. 163. Cowell. HEBDOMADA. Lat. [from Gr. 8copas.] A week; a space of seven days.

Hebdomadius; a week's-man; the canon or prebendary in a cathedral church, who had the peculiar care of the choir, and the offices of it for his own week. Cowell.

HEDA. L. Lat. In old English law. A port or haven. Domesday. Spelman. A hithe, wharf or landing place. Id. Cartular. Abbatiæ de Radinges, MS. fol. 5. Cowell.

HEDAGIUM. L. Lat. [from heda, q. v.] In old records. A toll or custom paid at a hithe, or wharf for landing goods. Cartular. Abbatiæ de Radinges, MS. fol. 7. Cowell.

HEDGE-BOTE. An allowance of wood for repairing hedges or fences, which a tenant or lessee has a right to take off the land let or demised to him. 2 Bl. Com. 35. Called fence-bote, in Livingston v. Ten Broeck, 16 Johns. R. 15.

HEIER. Sax. An heir. Spelman. HEIMENIUM. L. Lat. A hayment, or hedge fence. Blount.

HEINFAR, Heinfare, Hainfar, Hamfare. Sax. [from hein, or hine, a servant, and far, or fare, a journey or passage.] In Saxon law. The departure, flight, escape or loss of a servant. Spelman.

A fine paid for killing a man. Domesday. Spelman.

The right of taking cognizance of such an offence. Id. ibid.

HEIR. [Sax. heier; L. Fr. heire; Lat. hares.] One who, upon the death of another, acquires or succeeds to his estate by right of blood, and by operation of law.* The person who takes an estate in lands or tenements by descent from another, as dis

deed, and a devisee, who takes by will.* He upon whom the law casts his ancestor's estate immediately on the death of the ancestor.* 2 Bl. Čom. 201. He to whom lands, tenements or hereditaments, by the act of God and right of blood, do descend, of some estate of inheritance. Co. Litt. 7 b.

HEIR APPARENT. An heir whose right of inheritance is indefeasible, provided he outlive the ancestor; as, in England, the eldest son or his issue, who must, by the course of the common law, be heir to the father whenever he happens to die. 2 Bl. Com. 208. 1 Steph. Com. 358.

HEIR PRESUMPTIVE. The person who, if the ancestor should die immediately, would, in the present circumstances of things, be his heir; but whose right of inheritance may be defeated by the contingency of some nearer heir being born; as a brother or nephew, whose presumptive succession may be destroyed by the birth of a child. 2 Bl. Com. 208. 1 Steph. Com. 358.

HEIR AT LAW, or HEIR GENERAL. He who, after his ancestor's death, has a right to all his lands, tenements, and hereditaments. Whishaw. One to whom the law gives the inheritance, on account of his proximity of blood. 1 Forbes' Inst. part 3, p. 76.

HEIR SPECIAL. In English law. The issue in tail, who claims per formam doni, by the form of the gift.

HEIR BY CUSTOM. In English law. One whose right of inheritance depends upon a particular and local custom, such as gavelkind or borough english. Co. Litt. 140.

HEIR BY DEVISE. One to whom lands are devised by will; a devisee of lands. Answering to the hæres factus, (q. v.) of the civil law.

HEIR. In Scotch law. The person who succeeds to the heritage, or heritable rights of one deceased. I Forbes' Inst. part 3, p. 75. The word has a more extended signification than in English law, comprehending not only those who succeed to lands, but successors to personal property also. Wharton's Lex. See Bell's Dict. Heirs are distinguished into various kinds, as,

Heir institute. One to whom the right of succession is ascertained by disposition, or express deed of the deceased. Î Forbes' Inst. ub. sup.

Heir at law. One to whom the law

gives the inheritance, on account of his proximity of blood. Id. 76. The person who succeeds to the property of a person deceased. So termed, because he succeeds according to the disposition of the law. Bell's Dict.

Heir of tailzie, in general. He on whom an estate is settled, that would not have fallen to him by legal succession. 1 Forbes' Inst. part 3, p. 75.

Heir male. An heir institute, who, though not next in blood to the deceased, is his nearest male relation that can succeed to him. Id. 76.

Heir of provision. One who succeeds as heir, by virtue of a particular provision in a deed or instrument. Wharton's Lex.

Heir substitute, in a bond. He to whom a bond is payable expressly in case of the creditor's decease, or after his death. 1 Forbes' Inst. part 3, p. 76.

Heir of line. One who succeeds lineally by right of blood; one who succeeds to the deceased in his heritage; i. e. lands and other heritable rights derived to him by succession as heir to his predecessor. Id. 77. An heir at law is so termed, because he succeeds according to certain lines of propinquity. Bell's Dict.

Heir of conquest. One who succeeds to the deceased in conquest, i. e. lands or other heritable rights to which the deceased neither did or could succeed as heir to his predecessor. Id. ibid. One who succeeds to lands acquired by purchase. Bell's Dict. Heir general. An heir who generally represents the deceased, and succeeds to every thing not specially provided to other heirs; another name for an heir at law. Called also heir whatsoever, or whomsoever. Id. 76, 77. Bell's Dict.

HEİR-LOOM, Heir-lome. [from Sax. heier, heir, and leoma, a limb, or member; L. Lat. hæreditarium, principalium.] In English law. A personal chattel which goes by special custom to the heir, along with the inheritance, and not to the executor or administrator of the last proprietor. Literally, a limb or member of the inheritance. 1 Williams on Exec. 606. The old authorities generally confine the application of this term to articles of household furniture, or "dead chattels moveable." Bro. Abr. Discent, pl. 43. Termes de la Ley. But Lord Coke mentions fish in a pond, deer in a park, and doves in a dovehouse, as chattels which go with the inheritance. Co. Litt. 8 a. Spelman de

fines an heir-loom to be "any utensil of the stronger or more ponderous kind, which is not easily separated from a house, and therefore, by the custom of some places, passes to the heir as a member of the inheritance;" (omne utensile robustius quod ab ædibus non facile revellitur, ideoque, ex more quorundam locorum, ad hæredem transit tanquam membrum hæreditatis.) And Blackstone observes that heir-looms are generally such things as cannot be taken away without damaging or dismembering the freehold. 2 Bl. Com. 427. But in modern law, they are clearly distinguished from fixtures. 1 Williams' Exec. 607. 2 Kent's Com. 343. Charters or deeds rela

ting to the inheritance, are in the nature of heir-looms, and follow the land to which they relate. 1 Williams' Exec. 609.

In the United States, heir-looms, as such, are for the most part unknown. 1 Hilliard's Real Prop. 50.

"to

HEIRS. A word used in deeds of conveyance, (either solely, or in connection with others,) where it is intended to pass a fee; as, "to- and his heirs," or, "tohis heirs and assigns;" or, his heirs and assigns forever." At common law, this is a necessary word of conveyance where the estate is to be created by deed. The limitation to the heirs must be made in direct terms, or by immediate reference, and no substituted words of perpetuity, except in special cases, will be allowed to supply their place, or make an estate of inheritance in feoffments and grants. Litt. sect. 1. 4 Kent's Com. 5. 2 Bl. Com. 107. 1 Steph. Com. 223. 2 Crabb's Real Prop. 12, § 955. Thus, if a man purchases lands to himself forever," or "to him and to his assigns forever," he takes but an estate for life. Though the intent of the parties be ever so clearly expressed in the deed, a fee cannot pass without the word heirs. Holt, C. J. & Mod. R. 109. Even the word heir, in the singular, according to Lord Coke, is insufficient. Co. Litt. 8 b. 4 Kent's Com. 5, note. 1 Hilliard's Real Prop. 605, 606. The special cases which form exceptions to this rule are enumerated by Blackstone. 2 Bl. Com. 107, 108. And see 4 Kent's Com. 6, 7. In wills, a fee will pass without the word heirs, if the intention to pass a fee can be clearly ascertained from the will, or a fee be necessary to sustain the charge or trust created by the will. Id. ibid. 2 Crabb's Real Prop. 14, § 958.