英文法律词典 H-17

HOLDING OVER. The act of keeping possession by the tenant¹, without the consent of the landlord of premises² which the latter, or those under whom he claims, had leased to the former, after the term has expired.

2. When a proper notice has been given, this injury is remedied by, ejectment, or, under local regulations, by summary proceedings³. Vide 2 Yeates' R. 523; 2 Serg. & Rawle, 486; 5 Binn. 228; 8 Serg. & Rawle, 459; 1 Binn. 334, a.; 5 Serg. & Rawle 174; 2 Serg. & Rawle, *50; 44 Rawle, 123.

HOLOGRAPH. What is written by one's own hand. The same as Olograph. Vide Olograph.

HOMAGE⁴, Eng. law. An acknowledgment made by the vassal⁵ in the presence of his lord, that he is his man, that is, his subject or vassal. The form in law French was, Jeo deveigne vostre home.

2. Homage was liege and feudal⁶. The former was paid to the king, the latter to the lord. Liege, was borrowed from the French, as Thaumas informs us, and seems to have meant a service that was personal and inevitable⁷. Houard, Cout. Anglo Norman, tom. 1, p. 511; Beames; Glanville, 215, 216,218, notes.

HOME PORT. The port where the owner of a ship resides; this is a relative term.

HOMESTALL. The mansion⁸-house.

HOMESTEAD. The place of the house or home place. Homestead farm does not necessarily include all the parcels of land owned by the grantor, though lying and occupied together. This depends upon the intention of the parties when the term is mentioned in a deed, and is to be gathered from the context. 7 N. H. Rep. 241; 15 John. R. 471. See Manor⁹; Mansion.

HOMICIDE, crim. law. According to Blackstone, it is the killing¹⁰ of any human creature. 4 Com. 177. This is the most extensive sense of this word, in which the intention is not considered. But in a more limited sense, it is always understood that the killing is by human agency, and Hawkins defines it to be the killing of a man by a man. 1 Hawk¹¹. c. 8, s. 2. See Dalloz, Dict. h. t. Homicide may perhaps be described to be the destruction of the life of one human being, either by himself, or by the act, procurement¹², or culpable¹³ omission¹⁴ of another. When the death has been intentionally¹⁵ caused by the deceased himself, the offender¹⁶ is called felo de se; when it is caused by another, it is justifiable¹⁷, excusable, or felonious.

2. The person killed must have been born; the killing before birth is balled foeticide. (q. v.)

3. The destruction of human life at any period after birth, is homicide, however near it may be to extinction¹⁸, from any other cause.

4. - 1. Justifiable homicide is such as arises, 1st. From unavoidable necessity, without any will, intention or desire, and without any inadvertence in the party killing, and therefore without blame; as, for instance, the execution, according to law, of a criminal who has been lawully sentenced to be hanged; or, 2d. It is committed for the advancement¹⁹ of public justice; as if an officer, in the lawful²⁰ execution of his office, either in a civil or criminal case, should kill a person who assaults and resists him. 4 Bl. Com. 178-1 80. See Justifiable Homicide.

5. - 2. Excusable homicide is of two kinds 1st. Homicide per infortunium. (q. v.) or, 2d. Se defendendo, or self defence. (q. v.) 4 Bl. Com. 182, 3.

6. - 3. Felonious homicide, which includes, 1. Self-murder, or suicide;2. Man-slaughter, (q. v.); and , 3. Murder. (q. v.) Vide, generally, 3 Inst. 47 to 57; 1 Hale P. C. 411 to 602; 1 Hawk. c. 8; Fost. 255 to 837; 1 East, P. C. 214 to 391; Com. Dig. Justices, L. M.; Bac. Ab. Murder and Homicide; Burn's Just. h. t.; Williams' Just. h. t.; 2 Chit. Cr. Law, ch.9; Cro. C. C. 285 to 300; 4 Bl. Com. to 204; 1 Russ. Cr. 421 to 553; 2 Swift's Dig. 267 to 292.