HOUSE-BOTE. An allowance of necessary timber out of the landlord's woods, for the repairing and support of a house or tenement1. This belongs of common-right to any lessee2 for years or for life. House-bote is said to be of two kinds, estoveriam aedificandi et ardendi. Co. Litt. 41.
HOUSEKEEPER3. One who occupies a house.
2. A person who occupies every room in the house, under a lease, except one, which is reserved for his landlord, who pays all the taxes, is not a housekeeper. 1 Chit. Rep. 502. Nor is a person a housekeeper, who takes a house, which be afterwards underlets to another, whom the landlord refuses to accept as his tenant4; in this case, the under-tenant aid the, taxes and let to the tenant the, first floor of the house, and the rent was paid for the whole house to the tenant, who paid it to the landlord. Id. note.
3. In order to make the party a house-keeper, he must be in actual possession of the house; 1 Chit. Rep. 288 and must occupy a whole house. 1 Chit. Rep. 316. See 1 Barn. & Cresw. 178; 2 T. R. 406; 1 Bott, 5; 3 Petersd, Ab. 103, note; 2 Mart. Lo. R. 313.
HOVEL. A place used by hushandmen to set their ploughs, carts, and other farming utensils5, out of the rain and sun. Law Latin Dict. A shed; a cottage; a mean house.
HOYMAN. The master or captain of a hoy.
2. Hoymen are liable as common carriers. Story, Bailm. §496.
HUE6 AND CRY, Eng. law. A mode of pursuing felons7, or such as have dangerously wounded any person, or assaulted any one with intent to rob him, by the constable8, for the purpose of arresting the offender9. 2 Hale, P. C. 100.
HUEBRA, Spanish law. An acre of land or as much as can be ploughed in a day by two oxen. Sp. Dict.; 2 White's Coll. 49.
HUISSIER. An usher10 of a court. In France, an officer of this name performs many of the duties which in this country devolve on the sheriff or constable. Dalloz, Dict. h. t. See 3 Wend. 173.
HUNDRED, Eng. law. A district of country originally comprehending one hundred families. In many cases, when an offence is committed within the -hundred, the inhabitants tire civilly responsible to the party injured.
2. This rule was probably borrowed from the nations of German origin, where it was known. Montesq. Esp. des Lois, ]iv. 30, c. 17. It was established by Clotaire, among the Franks. 11 Toull. n. 237.
3. To make the innocent pay for the guilty, seems to be contrary to the first principles of justice, and can be justified11 only by necessity. In some of the United States laws have been passed making cities or counties responsible for, the destruction of property by a mob. This can be justified only on the ground that it is the interest of every one that property should be protected, and that it is for the general good such laws should exist.
HUNDRED GEMOTE. The name of a court among the Saxons. It was holden every month, for the benefit of the inhabitants of the hundred.
HUNDREDORS. In England they are inhabitants of a local division of a county, who, by several statutes12, are held to be liable in the cases therein specified13, to make good the loss sustained by persons within the hundred, by robbery or other violence, therein also specified. The principal of these statutes are, 13 Edw. I. st. 2, c. 1, s. 4; 28 Edw. III. c. 11; 27 Eliz. c. 13; 29 Car. II. c. 7; 8 Geo. II. c. 16; 22 Geo. II. c.24.
HUNGER. The desire for taking food. Hunger is no excuse for larceny14. 1 Hale, P. C. 54; 4 Bl. Com. 31. But it is a matter which applies itself strongly to the consciences of the judges in mitigation of the punishment.
2. When a person has died, and it is suspected he has been starved to death, an examination of his body ought to be made, to ascertain15 whether or not he died of hunger. The signs which usually attend death from hunger are the following: The body is much emaciated16, and a foetid, acrid17 odor exhales18 from it, although death may have been very recent. The eyes are red and open, which is not usual in other causes of death. The tongue and throat are dry, even to aridity19, and the stomach and intestines20 are contracted and empty. The gall21 bladder is pressed with bile, and this fluid is found scattered22 over the stomach and intestines, so as to tinge23 them very extensively. The lungs are withered24, but all the other organs are generally in a healthy state. The blood vessels25 are usually empty. Foder´, tom. ii. p. 276, tom. iii. p. 231; 2 Beck's Med. Jur. 52; see Eunom. Dial. 2, §47, p. 142, and the note at p. 384.
HUNTING. The act of pursuing and taking wild animals; the chase.
2. The chase gives a kind of title by occupancy, by which the hunter acquires a right or property in the game which he captures. In the United States, the right of hunting is universal, and limited only so far as to exclude hunters from committing injuries to private property or to the public; as, by shooting on public roads. Vide Feroe naturae; Occupancy.
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