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LAW DICTIONARY

AND

GLOSSARY:

CONTAINING FULL DEFINITIONS OF THE PRINCIPAL TERMS OF THE COMMON
AND CIVIL LAW, TOGETHER WITH TRANSLATIONS AND EXPLANATIONS
OF THE VARIOUS TECHNICAL PHRASES IN DIFFERENT LANGUAGES,
OCCURRING IN THE ANCIENT AND MODERN REPORTS, AND
STANDARD TREATISES; EMBRACING, ALSO, ALL
THE PRINCIPAL COMMON AND CIVIL

LAW MAXIMS.

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Author of a Treatise on Voluntary Assignments, a Treatise on Circumstantial Evidence, and a Treatise od Practice, &c.

Vocum origines rationesque Labeo) percalluerat ; eaque præcipue scientia ad enodandos plerosque juris laqueos utebatur.

A. GELLIUS, Noct. Att. xiii, 10.

SECOND EDITION.

Vol. 2.

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Tiri
NEW YORK:
BAKER, VOORHIS & CO., LAW PUBLISHERS,

66 NASSAU STREET.

1870.

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Entered, according to Act of Congress, in the year 1850, by

ALEXANDER M. BIRRILL,
In the Clerk', 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

ALEXANDER M. BURRILL,
In the Clerk's office of the District Court of the United States for the Southern District of New York.

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LA W DICTIONARY

AND

GLOSSARY. .

1.

(technically called a habeas corpus ad sub

jiciendum,) is the most celebrated. See H is sometimes used in some Law Latin infra. words in which it is more generally and HABEAS CORPUS AD RESPON. properly 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. which issues where one has a cause of acSo, on the other hand, it is sometimes tion against another, who is confined by the omitted where it should properly be used ; process of some inferior court, in order to thus, Hutesium occurs occasionally in the remove the prisoner, and charge him with form Utesium, Hypotheca as Ypotheca, this new action in the court above. 3 BI. Horreum as Orreum, Hordeum as Ordeum, Com. 129. 3 Steph. Com. 693. 1 Tid's and the like.

Pr. 349. HABE, (or HAVE.) Lat. A form of HABEAS CORPUS AD FACIENthe salutatory expression Ave, (hail) in the DUM ET RECIPIENDUM. L. Lat. . titles of the constitutions of the Theodosian (You have the body, to do and receive.) and Justinianean codes. Prateus. Calv. In practice. A writ which issues out of Lex. Spelman. See Have.

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 Bi. 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.

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