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Legal Term Dictionary

Search our free database of thousands of legal terms. The easiest-to-read, most user-friendly guide to legal terms.This dictionary is from the early 20th century and is not to be construed as legal advice.

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HABETO TIBI RES TUAS
Lat. Have or take your effects to yourself. One of the old Roman forms of divorcing a wife. Calvin.

Lat. Have or take your effects to yourself. One of the old Roman forms of divorcing a wife. Calvin. Less...
HABILIS
Lat. Fit; suitable; active; useful, (of a servant.) Proved; authentic, (of Book of Saints.) Fixed; stable, (of authority of the king.) Du Cange.

Lat. Fit; suitable; active; useful, (of a servant.) Proved; authentic, (of Book of Saints.) Fixed; stable, (of authority of the king.) Du Cange. Less...
HABIT
A disposition or condition of the body or mind acquired by custom or a usual repetition of the same act or function. Knickerbocker L. Ins. Co. v. Foley, 105 U. S. 354, 26 L. Ed. 1055; Conner v. Citizens' St. R. Co., 146 Ind. 430, 45 N. E. 662; State More...

A disposition or condition of the body or mind acquired by custom or a usual repetition of the same act or function. Knickerbocker L. Ins. Co. v. Foley, 105 U. S. 354, 26 L. Ed. 1055; Conner v. Citizens' St. R. Co., 146 Ind. 430, 45 N. E. 662; State v. Skillicorn, 104 Iowa, 97, 73 N. W. 503; State T. Robinson, 111 Ala. 482, 20 South. 30. -Habit and repute. By tbe law of Scotland, marriage may be established by "habit and repute" where the parties cohabit and are at the same time held and reputed as man and wife. See Bell. The same rule obtains in some of the United States. Less...
HABITABLE REPAIR
A covenant by a lessee to "put the premises into habitable repair" binds him to put them into such a state that they may be occupied, not only with safety, but with reasonable comfort, for tbe purposes for which they are taken. Miller v. McCardell, 19 R. I. 304, 33 More...

A covenant by a lessee to "put the premises into habitable repair" binds him to put them into such a state that they may be occupied, not only with safety, but with reasonable comfort, for tbe purposes for which they are taken. Miller v. McCardell, 19 R. I. 304, 33 Atl. 445, 30 L. R. A. 682. Less...
HABITANCY
Settled dwelling in a given place; fixed and permanent residence there. This term is more comprehensive than "domicile," for one may be domiciled in a given place though he does not spend the greater portion of his time there, or though he may be absent for long periods. It is More...

Settled dwelling in a given place; fixed and permanent residence there. This term is more comprehensive than "domicile," for one may be domiciled in a given place though he does not spend the greater portion of his time there, or though he may be absent for long periods. It is also more comprehensive than "residence," for one may reside in a given place only temporarily or for short periods on the occasion of repeated visits. But in neither case could he properly be called an "inhabitant" of that place or be said to have his "habitancy," there. See Atkinson v. Washington A Jefferson College, 54 W. Va. 32, 46 S. E. 253; Hairston v. Halrston, 27 Miss. 711, 61 Am. Dec. 530; Abington v. North Bridgewater, 23 Pick. (Mass.) 170. And see DOMICILE; RESIDENCE. It is difficult to give an exact definition of "habitancy." In general terms, one may be designated as an "inhabitant" of that place which constitutes the principal seat of his residence, of his business, pursuits, connections, attachments, and of his political and municipal relations. The term, therefore, embraces the fact of residence at a place, together with the intent to regard it and make it a home. The act and intent must concur. Lyman v. Fiske, 17 Pick. (Mass.) 231, 28 Am. Dec 293. Less...
HABITANT
Fr. In French and Canadian law. A resident tenant; a settler; a tenant who kept hearth and home on the seigniory.

Fr. In French and Canadian law. A resident tenant; a settler; a tenant who kept hearth and home on the seigniory. Less...
HABITATIO
Lat. In the civil law. The right of dwelling; the right of free residence in another's house. Inst 2, 5; Dig. 7, 8.

Lat. In the civil law. The right of dwelling; the right of free residence in another's house. Inst 2, 5; Dig. 7, 8. Less...
HABITATION
In the civil law. The right of a person to live in the house of another without prejudice to the property. It differed from a usufruct, in this: that the usufructuary might apply the house to any purpose, as of a store or manufactory; whereas the party having the right More...

In the civil law. The right of a person to live in the house of another without prejudice to the property. It differed from a usufruct, in this: that the usufructuary might apply the house to any purpose, as of a store or manufactory; whereas the party having the right of habitation could only use it for the residence of himself and family. 1 Browne, Civil Law, 184. In estates. A dwelling-house; a home-stall. 2 Bl. Comm. 4; 4 Bl. Comm. 32ft;. Holmes v. Oregon & C. R. Co. (D. C.) 5 Fed. 527; Nowlin v. Scott, 10 Grat. (Va.) 65; Harvard College v. Gore, 5 Pick. (Mass.) 372. Less...
HABITUAL CRIMINAL
By statute in several states, one who is convicted of a felony, having been previously convicted of any crime (or twice so convicted), or who is convicted of a misdemeanor and has previously (in New York) been five times convicted of a misdemeanor. Crim. Code N. Y. 1903, s 510; More...

By statute in several states, one who is convicted of a felony, having been previously convicted of any crime (or twice so convicted), or who is convicted of a misdemeanor and has previously (in New York) been five times convicted of a misdemeanor. Crim. Code N. Y. 1903, s 510; Rev. St Utah, 1898, 5 4067. In a more general sense, one made subject to police surveillance and arrest on suspicion, on account of his previous criminal record and absence of honest employment -Habitual criminals act. The statute 82 A 83 Vict, c 99. By this act power was given to apprehend on suspicion convicted persons holding license under the penal servitude acts, 1853, 1857, and 1864. The act was repealed and replaced by the prevention of crimes act 1871, (34 & 35 Vict c. 112.) Less...
HABITUAL DRUNKARD
A person given to ebrlety or the excessive use of intoxicating drink, who has lost the power or the will, by frequent indulgence, to control his appetite for it Ludwlck v. Com., 18 Pa. 174; Gourlay v. Gourlay; 16 R. I. 705, 19 Atl. 142; Miskey's Appeal, 107 Pa. 626; More...

A person given to ebrlety or the excessive use of intoxicating drink, who has lost the power or the will, by frequent indulgence, to control his appetite for it Ludwlck v. Com., 18 Pa. 174; Gourlay v. Gourlay; 16 R. I. 705, 19 Atl. 142; Miskey's Appeal, 107 Pa. 626; Richards v. Richards, 19 IU. App. 467; Mc-Bee v. McBee, 22 Or. 329, 29 Pac. 887, 29 Am. St. Rep. 613. One who has the habit of indulging in intoxicating liquors so firmly fixed that he becomes intoxicated as often as the temptation is presented by his being in the vicinity where liquors are sold is an "habitual drunkard," within the meaning of the divorce law. Magahay v. Magahay, 35 Mich. 210. In England, it is defined by the habitual drunkards' act 1879. (42 & 43 Vict c. 19,) which authorizes confinement in a retreat, upon the party's own application, as "a person who, not being amenable to any jurisdiction in lunacy, is, notwithstanding, by reason of habitual intemperate drinking of intoxicating liquor, at times dangerous to himself, or herself, or others, or incapable of managing himself or herself, or his or her affairs." Less...

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