英文法律词典 H-3

HABITATION, civil law. It was the right of a person to live in the house of another without prejudice to the property.

2. It differed from a usufruct in this, that the usufructuary might have applied¹ the house to any purpose, as, a store or manufactory; whereas the party having the right of habitation. could only use it for the residence of himself and family. 1 Bro. Civ. Law, 184 Domat. l. 1, t. 11, s. 2, n. 7.

HABITATION, estates. A dwelling-house, a home-stall. 2 Bl. Com. 4;4 Bl. Com. 220. Vide House.

HABITUAL² DRUNKARD. A person given to ebriety or the excessive use of intoxicating³ drink, who has lost the power or the will, by frequent indulgence, to control his appetite for it.

2. By the laws of Pennsylvania an habitual drunkard is put nearly upon the same footing with a lunatic; he is deprived of his property, and a committee is appointed by the court to take care of his person and estate. Act of June 13, 1836, Pamph. p. 589. Vide 6 Watts⁴' Rep. 139; 1 Ashm. R. 71.

3. Habitual drunkenness, by statutory provisions in some of the states, is a sufficient cause for divorce. 1 Bouv. Inst. n. 296.

HABITUALLY⁵. Customarily, by habit. or frequent use or practice, or so frequently, as to show a design of repeating the same act. 2 N. S. 622: 1 Mart. Lo. R. 149.

2. In order to found proceedings⁶ in lunacy, it is requisite⁷ that the insanity⁸ should be habitual, yet it is not necessary that it should be continued. 1 Bouv. Inst. n. 379.

HAD BOTE, Engl. law. A recompense or amends⁹ made for violence offered to a person in holy olders.

HAEREDES PROXIMI. The children or descendants of the deceased. Dalr. Feud¹⁰. Pr. 110; Spellm. Remains¹¹.

HAEREDES REMOTIORES. The kinsmen¹² other than children or descendants; Dalr. Feud. Pr. 110; Spellm. Remains.

HAEREDITAS. An inheritance, or an estate which descends¹³ to one by succession. At common law an inheritance never ascends¹⁴, haereditas nunquam ascendit. But in many of the states of the Union provision is made by statute¹⁵ in favor of ascendants.

HAEREDITAS JACENS. This is said of an inheritance which is not taken by the heirs, but remains in abeyance¹⁶.

HAERES civil law. An heir, one who succeeds to the whole inheritance.

2. These are of various kinds. 1. Haeres natus, an heir born; the heir at law: he is distinguished¹⁷ from, 2. Haeres factus, or an heir created by will, a testamentary heir, to whom the whole estate of the testator is given. 3. Haeres fiduciarius, an heir to whom the estate is given in trust for another. Just. 2, 23, 1, 2. Haeres-legitimus, a lawful¹⁸ heir; this is one who is manifested by the marriage of his parents; haeres legitimus est quem nuptiae demonstrant; haeres suus, one's own heir, a proper heir; descendants. Just. 3, 1, 4, 5.