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.
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