A LAW DICTIONARY ct AND GLOSSARY: CONTAINING FULL DEFINITIONS OF THE PRINCIPAL TERMS OF THE COMMON COMPILED ON THE BASIS OF SPELMAN'S GLOSSARY, AND ADAPTED TO THE JURISPRUDENCE OF THE UNITED STATES; WITH COPIOUS ILLUSTRATIONS, CRITICAL AND HISTORICAL By ALEXANDER M. BURRILL, COUNSELLOR AT LAW. Author of a Treatise on Voluntary Assignments, a Treatise on Circumstantial Evidence, and a Treatise on Practice, &c. Vocum origines rationesque [Labeo] percalluerat; eaque præcipue scientia ad enodandos plerosque juris laqueos utebatur. BAKER, VOORHIS & CO., LAW PUBLISHERS, 66 NASSAU STREET. 1870. Entered, according to Act of Congress, in the year 1850, by ALEXANDER M. BURRILL, In the Clerk's office of the District Court of the United States for the Southern District of New York. Entered, according to Act of Congress, in the year 1859, by In the Clerk's office of the District Court of the United States for the Southern District of New York. Rec. Xct, 21, 1890, A LAW DICTIONARY AND GLOSSARY. H. (technically called a habeas corpus ad subjiciendum,) is the most celebrated. See infra. H is sometimes used in some Law Latin words in which it is more generally and HABEAS CORPUS AD RESPONproperly omitted; thus, Ostium is some- DENDUM. L. Lat. (You have the body, times written Hostium; Coercio, Cohertio; to answer.) In English practice. A writ Abundanti, Habundanti; and the like. So, on the other hand, it is sometimes omitted where it should properly be used; thus, Hutesium occurs occasionally in the form Utesium, Hypotheca as Ÿpotheca, Horreum as Orreum, Hordeum as Ordeum, and the like. HABE, (or HAVE.) Lat. A form of the salutatory expression Ave, (hail,) in the titles of the constitutions of the Theodosian and Justinianean codes. Prateus. Calv. Lex. Spelman. See Have. which issues where one has a cause of action against another, who is confined by the process of some inferior court, in order to remove the prisoner, and charge him with this new action in the court above. 3 Bl. Com. 129. 3 Steph. Com. 693. 1 Tidd's Pr. 349. HABEAS CORPUS AD FACIENDUM ET RECIPIENDUM. L. Lat. (You have the body, to do and receive.) In practice. A writ which issues out of any of the courts of Westminster Hall in HABEAS CORPUS. L. Lat. (You England, when a person is sued in some have the body.) The name given to a inferior jurisdiction, and is desirous to revariety of writs, (of which these were an- move the action into the superior court; ciently the emphatic words,) having for commanding the inferior judges to produce their object to bring a party before a court the body of the defendant, together with the or judge. The common capias is, in this day and cause of his caption and detainer; general sense, a habeas corpus, the writ in (whence the writ is frequently denominated the original Latin commanding the sheriff a habeas corpus cum causa,) to do and reto take the defendant, "so that you have ceive whatsoever the king's [or queen's] his body," &c., (ita quod habeas corpus court shall consider in that behalf. 3 Bl. ejus, &c.;) and, according to Mr. Reeves, Com. 130. 3 Steph. Com. 694, and notes it was originally so called. 2 Reeves' Hist. ibid. 1 Tidd's Pr. 404. A similar writ Eng. Law, 439. The term, however, is has been sometimes used in American now exclusively used to designate a few practice. See United States Digest, Haspecial writs, employed in English and beas corpus. American practice, among which the writ HABEAS CORPUS AD PROSEto inquire into the cause of a person's im- QUENDUM. L. Lat. (You have the prisonment or detention by another, with body, to prosecute.) In English practice. the view to obtain his or her liberation, A writ which issues when it is necessary to VOL. II. 1 |