HOMINE CAPTO IN WITHERNAM, Engl. law.. The name of a writ¹ directed to the sheriff, and commanding him to take one who has taken any bondsman, and conveyed him out of the country, so that he cannot be replevied. Vide Withernam; Thesaurus, Brev. 63.

HOMINE ELIGENDO, English law. The name of a writ directed to a corporation, requiring the members to make choice of a new man, to keep the one part of a seal appointed for statutes² merchant. Techn. Dict. h. t.

HOMINE REPLEGIANDO. When a man is unlawfully in custody³, he may be restored to his liberty by writ de hominereplegiando, upon giving bail⁴; or by a writ of habeas, corpus, which is the more usual remedy. Vide Writ de homine replegiando.

HOMO. This Latin word, in its most enlarged sense, includes both man and woman. 2 Inst. 45. Vide Man.

HOMOLOGATION, civil law. Approbation⁵, confirmation⁶ by a court of justice, a judgment⁷ which orders the execution of some act; as, the approbation of an award, and ordering execution on the same. Merl. Rep´rt. h. t.; Civil Code of Louis. Index, h. t.; Dig. 4, 8; 7 Toull. n. 224. To homologate, is to say the like, similiter dicere. 9 Mart. L. R. 324.

HONESTY. That principle which requires us to give every one his due. Nul ne doit slenrichir aux de ens du droit d'autrui.

2. The very object of social order is to promote honesty, and to restrain dishonesty; to do justice and to prevent injustice⁸. It is no less a maxim⁹ of law than of religion, do unto others as you wish to be done by.

HONOR. High estimation. A testimony¹⁰ of high estimation. Dignity. Reputation. Dignified¹¹ respect of character springing from probity¹², principle, or moral rectitude. A duel¹³ is not justified¹⁴ by any insult to our honor. Honor is also employed to signify integrity in a judge, courage in a soldier, and chastity in a woman. To deprive a woman of her honor is, in some cases, punished as a public wrong, and by an action for the recovery of damages done to the relative rights of a hushand or a father. Vide Criminal conversation.

2. In England, when a peer of parliament is sitting judicially¹⁵ in that body, his pledge of honor is received instead of an oath; and in courts of equity¹⁶, peers, peeresses, and lords of parliament, answer on their honor only. But the courts of common law know no such distinction. It is needless to add, that as we are not encumbered¹⁷ by a nobility, there is no such distinction in the United States, all persons being equal in the eye of the law.

HONOR, Eng. law. The seigniory of a lord paramount¹⁸. 2 Bl. Com. 9f.

TO HONOR, contr. To accept a bill of exchange; to pay a bill accepted, or a promissory note, on the day it becomes due. 7 Taunt¹⁹. 164; 1 T. R. 172. Vide To Dishonor.

HONORARIUM²⁰. A recompense for services rendered. It is usually applied²¹ only to the recompense given to persons whose business is connected with science; as the fee paid to counsel.

2. It is said this honorarium is purely²² voluntary, and differs from a fee, which may be recovered by action. 5 Serg. & Rawle, 412; 3 Bl. Com. 28;1 Chit. Rep. 38; 2 Atk. 332; but see 2 Penna. R. 75; 4 Watts²³' R. 334. Vide Dalloz, Dict. h. t., and Salary. See Counsellor at law.

HORS DE SON FEE, pleading in the ancient English law. These words signify out of his fee. A plea which was pleaded, when a person who pretended to be the lord, brought an action for rent services, as issuing out of his land: because if the defendant²⁴ could prove the land was out of his fee, the action failed. Vide 9 Rep. 30; 2 Mod. 104; 1 Danvers' Ab. 655; Vin. Ab. h. t.

HORSE. Until a horse has attained²⁵ the age of four years, he is called a colt. (q. v.) Russ. & Ry. 416. This word is sometimes used as a generic²⁶ name for all animals of the horse kind. 3 Brev. 9. Vide Colt; Gender²⁷; and Yelv. 67, a.

HOSTAGE. A person delivered into the possession of a public enemy in the time of war, as a security for the performance of a contract entered into between the belligerents²⁸.

2. Hostages are frequently given as a security for the payment of a ransom²⁹ bill, and if they should die, their death would not discharge the contract. 3 Burr. 1734; 1 Kent, Com. 106; Dane's Ab. Index, h. t.