英文法律词典 H-2

HABENDUM, conveyancing. This is a Latin word, which signifies to have.

2. In conveyancing, it is that part of a deed which usually declares what estate or interest is granted by it, its certainty, duration, and to what use. It sometimes qualifies the estate, so that the general implication of the estate, which, by construction of law, passes in the premises, may by the habendum be controlled; in which case the habendum may enlarge the estate, but not totally contradict, or be repugnant to it. It may abridge the premises. Perk. §170 , 176; Br. Estate, 36 Cont. Co. Litt. 299. It may explain the premises. More, 43; 2 Jones, 4. It may enlarge the premises Co. Litt. 299; 2 Jones, 4. It may be frustrated by the premises, when they are general; Skin. 544 but it cannot frustrate the premises, though it may restrain them. Skin. 543. Its proper office is not to give anything, but to limit or define the certainty of the estate to the feoffee or grantee, who should be previously named in the premises of the deed, or it is void. Cro. Eliz. 903. In deeds and devises it is sometimes construed distributively, reddendo singula singulis. 1 Saund. 183-4, notes 3 and 4; Yelv. 183, and note 1.

3. The habendum commences in our common deeds, with the words "to have and to hold." 2 Bl. Com. 298.; 14 Vin. Ab. 143; Com. Dig. Fait, E 9; 2 Co.55 a; 8 Mass. R. 175; 1 Litt. R. 220; Cruise, Dig. tit. 32, c. 20, s. 69 to93; 5 Serg. & Rawle, 375; 2 Rolle, Ab. 65; Plowd. 153; Co. Litt. 183; Martin's N. C. Rep. 28; 4 Kent, Com. 456; 3 Prest. on Abstr. 206 to 210; 5 Barnw. & Cres. 709; 7 Greenl. R. 455; 6 Conn. R. 289; 6 Har. & J. l32; 3 Wend. 99.

HABERDASHER. A dealer in miscellaneous goods and merchandise.

HABERE. To have. This word is used in composition.

HABERE FACIAS POSSESSIONEM, Practice, remedies. The name of a writ of execution in the action of ejectment.

2. The sheriff, is commanded by this writ that, without delay, he cause the plaintiff to have possession of the land in dispute which is therein described; a fi. fa. or ca. sa. for costs may be included in the writ. The duty of the sheriff in the execution and return of that part of the writ, is the same as on a common fi. fa. or ca. sa. The sheriff is to execute this writ by delivering a full and, actual possession of the premises to the plaintiff. For this purpose he may break an outer or inner door of the house, and, should he be violently opposed, he may raise the posse comitatus. Wats. on Sher. 60, 215; 5 Co. 91 b.; 1 Leon. 145; 3 Bouv. Inst. n. 3375.

3. The name of this writ is abbreviated hab. fa. poss. Vide 10 Vin. Ab.14; Tidd's Pr. 1081, 8th Engl. edit.; 2 Arch. Pr. 58; 3 Bl. Com. 412; Bing. on Execut. 115, 252; Bac. Ab. h. t.

HABERE FACIAS SEISINAM, practice, remedies. The name of a writ of execution, used in most real actions, by which the sheriff is directed that he cause the demandant to have seisin of the lands which he has recovered.3 Bouv. Inst. n. 3374.

2. This writ may be taken out at any time within a year and day after judgment. It is to be executed nearly in the same manner as the writ of habere facias possessionem, and, for this purpose, the officer may break open the outer door of a house to deliver seisin to the demandant. 5 Co. 91 b; Com. Dig. Execution, E; Wats. Off. of Sheriff, 238. The name of this writ is abbreviated hab. fac. seis. Vide Bingh. on Exec. 115, 252; Bac. Ab. h. t.

HABERE FACIAS VISUM, practice. The name of a writ which lies when a view is to be taken of lands and tenements., F. N. B. Index, verbo View.

HABIT. A disposition or condition of the body or mind acquired by custom or a frequent repetition of the same act. See 2 Mart. Lo. Rep. N. S. 622.

2. The habit of dealing has always an important bearing upon the construction of commercial contracts. A ratification will be inferred from the mere habit of dealing between the parties; as, if a broker has been accustomed to settle losses on policies in a particular manner, without any objection being made, or with the silent approbation of his principal, and he should afterward settle other policies in the same manner, to which no objection should be made within a reasonable time, a just presumption would arise of an implied ratification; for if the principal did not agree to such settlement he should have declared his dissent. 2 Bouv. Inst. 1313-14.