that an employer is liable for the prescribed penalty where his employee peddles without license. 30 But, on the other hand, it has been held that only the person who travels or passes from place to place is a peddler and that his employer, although owning the goods and the team and vehicle used by the employee, is not required to obtain a license and is not subject to any penalty or forfeiture for failing to do so.31 [§ 33] C. Pleading.32 The declaration of complaint must clearly set out the violation of law relied upon. It must expressly state that defend ant is a hawker or peddler, within the statute or Evidence admissible under pleadings.35 Where it is alleged that defendant offered his goods for sale, to the public generally, and to certain individuals named, complainant may, under such averment, prove distinct offers to sell to each of those persons severally. 36 [§ 34] D. Evidence. The rules of evidence prevailing generally in civil actions 37 apply in such actions.38 VI. CRIMINAL PROSECUTIONS9 40 [35] A. In General. Peddling, without license, is often made a criminal offense by statute." [36] B. Defenses. The fact that the peddler only carries his parcels on his person is no defense to a complaint under a statute requiring the conspicuous posting of his name, residence, and number of license on his parcels or vehicle." 41 The fact that one was advised by the state treasurer that it would not be necessary for him to procure a license to peddle does not exempt him from prosecution.*2 [37] C. Persons Liable. A corporation may be punished criminally for peddling through the medium of an unlicensed agent." Officers and general agents of a corporation, in charge of its business, who know that its subordinate agents are peddling its goods without a license, may also be 31. 43 30. Irwin v. Douglass, 8 Pa. Dist. 505. Smith v. Whiddon, 138 Ga. 471, 75 SE 635; Wrought Iron Range Co. v. Johnson, 84 Ga. 754, 11 SE 233, 8 LRA 273. See also Howard v. Reid, 51 Ga. 328 (under a statute prohibiting peddlers from selling without license, and requiring that the license shall "describe the person of the peddler," process to enforce the penalty of the statute must issue against the person actually peddling without license, and not against someone for whom he is acting). 32. See generally Fines, Forfeitures, and Penalties § 60; Pleading [31 Cyc 1]. 33. Prigmore v. Thompson, Minor (Ala.) 420; State v. Aikin. 7 Yerg. (Tenn.) 268; Greer v. Bumpass, Mart. & Y. (Tenn.) 94. [a] Insufficient averment.—An averment that defendant was not a person qualified as the statute required will not aid the want of an averment that he was a merchant, hawker, or peddler. Greer v. Bumpass, Mart. & Y. (Tenn.) 94. 34. Prigmore v. Thompson, Minor (Ala.) 420; State v. Aikin, 7 Yerg. (Tenn.) 268. and variance 35. Issues, proof, see generally Fines. Forfeitures, and Penalties § 62; Pleading [31 Cyc 6701. Merriam v. Langdon, 10 Conn. 36. 460. 37. p 1. [§ 38] D. Indictment and Information48-1. Form and Contents-a. In General. The indictment or like pleading must contain the facts and circumstances which constitute the offense alleged with sufficient certainty.19 It must allege that defendant was a peddler at the time the sale or sales were charging defendant with being engaged in the business of hawking and peddling it is unnecessary to allege the facts which constitute hawking and peddling). tion is not criminal, and proof that convinces the judgment, although a doubt may still remain in the minds of the jury, is all that is required. Webster v. Peo., 14 Ill. 365. 39. See generally Criminal Law 16 C. J. p 1. 40. See statutory provisions. or noticed.-Muskegon v. Hanes, 149 [a] Particular statutes construed Mich. Clow, 146 Mich. 443, 109 NW 853; 460, 112 NW 1077; Alma v. 934, 99 State v. Looney, 214 Mo. 216, 97 SW SW 1165, 29 LRANS 412; Peo. v. Ericson, 147 NYS 226; Rex v. Meyers, 6 Ont. L. 120, 2 OntWR 533. [b] Single sale.-While a single act of selling, with nothing more, will not constitute the offense of engaging and carrying on the business of peddling, for which a license is required, yet if it is coupled with the intent to continue in such acts, the offense is complete. Keller v. State, 123 Ala. 94. 26 S 323. fact that defendant after the expira[c] Sales at certain places.-The tion of his license continued to sell medicine from his house, his store. and one other place, and that while traveling in wagon and selling other articles he advertised his medicines, did not make him guilty of sell ing medicines as a traveling person without a license. Peoples v. State, 68 Tex. Cr. 631, 152 SW 168. a 41. Com. v. Cusick, 120 Mass. 183. 42. State v. Foster, 22 R. I. 163, See generally Evidence 22 C. J. 38. Merriam v. Langdon, 10 Conn. 46 A 833. 50 LRA 339. 460; Webster v. Peo. 14 Ill. 365. [a] To show the character of defendant's business, evidence is admissible that on former occasions within a short time before defendant left home with such goods, he had repeatedly carried about and sold, as a peddler, etc., certain specified articles of foreign goods. Merriam v. Langdon, 10 Conn. 460. 43. Com. v. Standard Oil Co., 60 SW 518, 22 KyL 1567; Standard Oil Co. v. Com.. 107 Ky. 606, 55 SW 8, 21 KyL 1339; Crall v. Com., 103 Va. 855, 49 SE 638. And see generally Corporations § 3024 et seq. 44. Crall v. Com., 103 Va. 855, 49 SE 638. 45. Co-operative Drapery, etc., Co. v. Bligh, 4 F. (Just. Cas.) 97. 46. Com. v. Edson, 2 Pa. Co. 377. 47. Keller v. State, 123 Ala. 94, 26 S 323. 48. See generally Indictments and Informations [22 Cyc 157]. Ky. Hays v. Com., 107 Ky. 655, 55 SW 425, 21 KyL 1418. Miss.-Ex p. Weems, 96 Miss. 635, 51 S 2. N. M.-Terr. v. Turner, 17 N. M. 267, 125 P 603: Or.-State v. Miller, 54 Or. 381, 103 P 519. Pa.-Com. v. De Sarto, 62 Pa. Super. 184; Com. v. Edson, 2 Pa. Co. 377. Tenn.-State v. Sprinkle, 7 Humphr. 36. N. S.-Rex v. Hubley, 49 N. S. 281. 28 DomLR 376, 25 CanCrCas 102. Ont.-Reg. v. Roche, 32 Ont. 20. [a] Forms of indictment.-Hays V. Com., 107 Ky. 655, 55 SW 425, 21 KyL 1418; Standard Oil Co. v. Com., 80 SW 1150, 26 KyL 142. [b] Indictments, etc., held sumcient.-(1) Keller v. State, 123 Ala. Dist. 733. 94, 26 S 323; Com. v. Simm, 19 Pa (2) A warrant charging defendant with "hawking and peddling without license, as is required by law." is sufficiently specific. State v. Sprinkle, 7 Humphr. (Tenn.) 36. An indictment for (3), peddling without license, which charges that accused "did unlawfully, not having a license so to do, and being then and there an itinerant person, vend, sell, and offer to sell, goods, wares, and merchandise, to wit, oil," to a person named, is good, it not being necessary to state any other facts showing that defendant was engaged in the business of a peddler, or that he made the particular sale by peddling, or to state that he delivered the oil sold. Hays v. Com., 107 Ky. 655, 55 SW 425. 21 KyL 1418. [c] Conclusions of law.-A warrant for selling clocks in violation of law, which stated that defendant had no "legal license," stated a mere conclusion of law, and presented no case authorizing the court to hold that accused was peddling his goods in violation of the law. Com. v. Lewis, 2 KyL 216. [b] Proof as to sale.-It is necessary to prove, not only a sale, but such a sale as the law forbids, by one obviously a peddler in such traffic. Proof of only two sales at one time is insufficient. Bacon v. Wood, 3 Ill. 265. [c] Degree of proof.-Such an ac 49. Ala. Keller v. State, 123 Ala. [d] Indictment held insufficient. 94. 26 S 323. But see Sterne V. Terr. v. Turner, 17 N. M. 267, 125 P State, 20 Ala. 43 (in an indictment 603. made, 50 and, if the statute or ordinance classifies peddlers and prescribes a different penalty for each class, it must designate the class to which defendant belongs.51 It must also allege that the sale was made by him in the capacity or character of a peddler.52 An indictment against one for carrying on the business of a hawker and peddler without license, who is not embraced within the popular and ordinary meaning of these terms, but is embraced within the statutory definition, must follow the language of this definition. 53 56 55 [39] b. Sales and Matters Relating Thereto. The indictment must allege that a sale was made.5* It has been held, however, that an allegation that the accused hawked and peddled goods necessarily implies sales or offers to sell." The price paid need not be stated.5 It has also been held that the indictment need not name the person or persons making the purchase or purchases; 57 but there is authority to the contrary.58 An allegation of sales to certain person named "and to other persons to the grand jury unknown" is good.59 The kind of 50. Hall v. State, 39 Fla. 637, 23 | Cr. 248, 103 SW 857. S 119: Com. v. Dudley, 3 Metc. (Ky.) 221; State v. Foster, 21 R. I. 251, 43 A 66. [a] Allegation held insufficient. An indictment charging that defendant did peddle and sell in the county of Mason, buggies, etc., without license, is insufficient for vagueness. Com. v. Dudley, 3 Metc. (Ky.) 221. [b] The words "being then and there an itinerant vendor" sufficiently charge that defendant was an itinerant vendor. State v. Foster, 21 R. I. 251, 43 A 66. 51. Williams v. State, 150 Ala. 84, 43 S 182; Hirschfelder v. State, 18 Ala. 112. 52. Standard Oil Co. v. Com., 80 SW 1150, 26 KyL 142; Com. v. Bruckheimer, 14 Gray (Mass.) 29. [a] Allegation held insufficient.An indictment which alleges that defendant at a certain time and place was a hawker, peddler, and petty chapman, and did then and there go from place to place exposing goods to sale, and did then and there_sell certain goods, is insufficient. Com. v. Bruckheimer, 14 Gray (Mass.) 29. 53. Hall v. State, 39 Fla. 637, 23 S 119. 54. Page v. State, 6 Mo. 205. S 119. 57. Page v. State, 6 Mo. 205. 58. State v. Powell, 44 S. C. L. 373. See Com. v. Edson, 2 Pa. Co. 377 (where an indictment is not sufficiently definite in stating the names of persons to whom sales are alleged to have been made, defendant may call for a bill of particulars). 59. Com. v. Heckinger, 42 SW 101, 19 KyL 810. €0. Harkins v. State, (Tex. Cr.) 75 SW 26; Reg. v. Chayter, 11 Ont. 217. [a] Illustrations.—(1) Under a statute providing that every person peddling cooking stoves or ranges shall pay an occupation tax, an information charging defendant with selling stoves without a license is defective, for failure to show that such stoves were cooking stoves or ranges. Harkins v. State, (Tex. Cr.) 75 SW 26. (2) A statement that defendant sold "other goods, wares, and merchandise" is too general where the statute relates specifically to sales of tea, dry goods, or jewelry. Reg. v. Chayter, 11 Ont. 217. 61. Ala.-May v. State, 9 Ala. 167. Ky.-Mork v. Com., 6 Bush 397; Com. v. Smith, 6 Bush 303. Me. State v. Montgomery, 92 Me. 433. 43 A 13. Tex.-Needham v. State, 51 Tex. 68 missible to show the itinerant nature of the business. Shiff v. State, 84 Ala. 454, 4 S 419. (3) In prosecution for peddling without a license contrary to a city ordinance, evidence, regarding value of accused's stock, that he had a permanent place of business and paid taxes as other merchants is admissible to negative suggestion of itineracy which is necessary to constitute a peddler. Adams County v. Denver, 66 Colo. 232, 180 P 752. Ont.-Reg. v. Smith, 31 Ont. 224. [a] Failure to obtain license must be alleged.-May v. State, 9 Ala. 167; Mork v. Com., 6 Bush (Ky.) 397; Com. v. Smith, 6 Bush (Ky.) 303. [b] Sufficient negation. A complaint for peddling pictures and picture frames without a license, under L. (1889) c 298, sufficiently negatives the exceptions in the enacting clause of the statute by the use of the general expression, "other than such as he is by the statutes allowed to [c] Evidence held sufficient: (1) grow for sale and expose for sale Το sustain conviction. Rottner V. without a license." State v. Mont-State, (Ark.) 156 SW 1027; Massey gomery, 92 Me. 433, 43 A 13. 62. Peo. v. Stewart, 167 Mich. 417, 132 NW 1071; State v. Bevins, 70 Vt. 574, 41 A 655; State v. Hodgdon, 41 Vt. 139. [a] Rule applied.-(1) The fact that defendant was vending products of his own land need not be negatived. State v. Bevins, 70 Vt. 574, 41 A 655. (2) The fact that articles peddled were manufactured in state need not be negatived. State V. Hodgdon, 41 Vt. 139. and Infor 63. See Indictments mations [22 Cyc 445]. 64. Hall v. State, 39 Fla. 637, 23 S 119. 65. See Criminal Law § 947 et seq. 66. See cases infra this note. [a] Burden of proof.-(1) In a prosecution for peddling without license the burden is on defendant to show that he has a license. State v. Parsons, 124 Mo. 436, 27 SW 1102, 46 AmSR 457; Reg. v. McNicol, 11 Ont. 659. And see generally Licenses [25 Cyc 638]. (2) Burden is on defendant to bring himself within the exemption in favor of certain person or persons peddling certain articles or products. State v. Smith. 173 N. C. 772, 92 SE 325; Com. v. Brinton, 132 Pa. 69, 18 A 1092; Rex v. Van Norman, 19 Ont. L. 447, 14 OntWR 659. (3) In a prosecution for peddling goods except of the growth, produce, or manufacture of the United States or of the state requiring the license, it is incumbent on the prosecution to prove affirmatively that the goods were of foreign or extra state growth, produce or manufacture. Com. V. Samuel, 2 Pick. (Mass.) 103; State v. Hirsch, 45 Mo. 429. [b] Admissibility.—(1) Evidence of actual sales made by accused is admissible to show that he was engaged in the business of hawking and peddling. Peo. v. Stewart, 167 Mich. 417, 132 NW 1071. (2) On a prosecution for carrying on, without a license, the business of a transient or itinerant dealer of goods, evidence of sales made in other counties than that named in the indictment is ad v. Columbus, 9 Ga. A. 9, 70 SE 263; State v. Jensen, 93 Minn. 88, 100 NW 644; Collins v. State, 78 Tex. Cr. 478, 182 SW 327. (2) To submit to jury question of the good faith of defendant, and the real character of the transaction. State v. Smith, 173 N. C. 772, 92 SE 325. (3) To warrant a finding that the goods were exposed for sale, on a prosecution for exposing goods for sale without license. Com. v. Hana, 195 Mass. 262, 81 NE 149, 122 AmSR 251, 11 LRANS 799, 11 AnnCas 514. [d] Evidence held insufficient: (1) To sustain conviction. Adams County v. Denver, 66 Colo. 232, 180 P 752; Peoples v. State, 68 Tex. Cr. 631, 152 SW 168. (2) To show that defendant was soliciting parties to purchase goods which he was then carrying for delivery. Milan V. Allen, (Mo.) 175 SW 933. (3) Evidence of a single sale of goods is insufficient to prove the seller to be a peddler. Peo. v. Jarvis, 19 App. Div. 466, 46 NYS 596, 12 N. Y. Cr. 333. (4) A conviction for selling lightning rods as a peddler cannot be sustained, where the evidence shows that pursuant to an agreement defendant furnished and put up lightning rods for one man only, on one building, and does not show whether such rods were sold at defendant's store or elsewhere. Com. v. Goodman, 9 Ky. Op. 237. 1 Defend [el Self-incrimination. ant cannot be compelled to give evidence against himself. Reg. v. McNicol, 11 Ont. 659. And see generally Criminal Law § 1097 et seq. 67. See generally Criminal Law § 3186 et seq. 68. State v. Foster, 22 R. I. 163, 46 A 833, 50 LRA 339 (a statute imposing a fine of not less than one hundred dollars and more than two hundred and fifty dollars, and imprisonment for not less than ten or more than thirty days, does not impose such a cruel and usual punishment as to contravene Const. art I § 8). Cruel and unusual punishment see Criminal Law § 3191 et seq. 4 *HAY. A generic term,2 meaning grass after it has been cut and dried for fodder; grass cut and dried for fodder; grass prepared for preservation.5 HAYBOTE. One of the estovers allowed to a tenant for life or years, namely, material for repairing the necessary hedges or fences of his grounds. Also called "hedgebote. 198 HAYWARD. An officer regularly appointed to impound stray cattle.9 HAZARD. 10 Accident;11 casualty; 12 chance; 13 luck;14 risk.15 In insurance law, the risk, danger, or probability that the event insured against may happen, varying with the circumstances of the particular case. 16 Moral hazard. In fire insurance, the risk or danger of the destruction of the insured property by fire, as measured by the character and interest of 69. See generally Fines, Forfeitures, and Penalties 25 C. J. p 1143. 70. See statutory provisions; and Merriam v. Langdon, 10 Conn. 460 (to constitute an offense, so as to incur a forfeiture of goods, it is not sufficient that defendant, in any one instance has sold foreign goods, unless he has done so in a particular character; he must have traded. dealt, or trafficked in such goods as a peddler or petty chapman); Burbank V. McDuffee, 65 Me. 135 (where the forfeiture is limited to the goods "unlawfully carried," it does not include goods shipped from another state to fill the order obtained by the peddler). [a] Qui tam information held sufficient.-Merriam v. Langdon, 10 Conn. 460. [b] Evidence of other sales admissible.-Merriam v. Langdon, 10 Conn. 460. 1. Burning hay see Arson § 8 text and notes 84-89. 2. Missouri, etc., R. Co. v. Bowles, 1 Ind. T. 250, 40 SW 899, 901. 3. Baumgartner v. Sturgeon River Boom Co., 120 Mich. 321, 79 NW 566. See also Fodder 26 C. J. p 746. [a] "Grass" distinguished.-Reed v. McRill, 41 Nebr. 206, 59 NW 775. 4. Webster D. [quot Emerson v. Hedrick, 42 Ark. 263, 265; State v. Harvey, 141 Mo. 343, 346, 42 SW 938]. [a] "The word 'hay' does not import whether it was hay from natural grass or from grass sown and cultivated, and from the census, as above stated, it appears that the great bulk of hay is in fact cultivated grass.' State v. Crock, 132 N. C. 1053, 1056, 44 SE 32, 33. V. [b] Wild prairie grass is not hay until cut and raked. Emerson Hedrick, 42 Ark. 263, 265. [c] "Prairie-hay."-Emerson v. Hedrick, 42 Ark. 263, 265. 5. Webster D. [quot Emerson v. Hedrick, 42 Ark. 263, 265; State v. Harvey, 141 Mo. 343, 346, 42 SW 938]. See Missouri, etc., R. Co. V. Bowles, 1 Ind. T. 250, 258, 40 SW 899; Reg. v. Good, 17 Ont. 725, 727. 6. See Bote 9 C. J. p 142; Common Lands § 13; Estates § 77; Estovers 21 C. J. p 1254; Landlord and Tenant [24 Cyc 1066]. "Housebote" defined see Common Lands & 13. 7. Black L. D. To like effect Anderson v. Cowan, 125 Iowa 259, 101 NW 92, 93, 106 AmSR 303, 68 LRA 641. By the insured owner, his habits as a prudent and careful man or the reverse, his known integrity or his bad reputation, and the amount of loss he word suffer by the destruction of the property or the gain he would make by suffering it to burn and collecting the insurance.17 HAZARDOUS.18 Exposed to or involving danger; perilous; risky. 19 H. B. An abbreviation for house bill, that is, a bill in the house of representatives, as distinguished from a senate bill.20 H. C. An abbreviation for house of commons, or for habeas corpus. 21 24 HE.22 A personal pronoun of the third person, being the nominative singular masculine. 23 The term may include and refer to a female.2 HEAD. That part of the body of an animal that take into consideration the dangers arising from that source in estimating the extent of the hazard they assume in all ordinary risks. This is what they call the 'moral hazard' "). 8. Black L. D. 10. See generally Gaming §§ 35- 12. Webster Int. D. See also 13. Russell v. Equitable Loan, etc., Co., 129 Ga. 154, 58 SE 881, 885, 12 AnnCas 129; Graves v. Ford, 3 B. Mon. (Ky.) 113, 114. See Cheek v. Com., 100 Ky. 1, 37 SW 152, 18 KyL 515. See also Chance 11 C. J. p 279. [a] The "hazard of litigation," to which a purchaser must not be subjected, refers to a hazard which is to be determined by the chance of successful attack, as viewed by the court in the suit for specific performance. Barger v. Gery, 64 N. J. Eq. 263, 53 A 483, 485. V. [b] "Mutual hazard."-Hart Myers, 12 NYS 140, 141, 25 AbbNCas 478. 14. Graves V. Ford, 3 B. Mon. (Ky.) 113, 114. See Cheek v. Com., 100 Ky. 1, 37 SW 152, 18 KyL 515. 15. Webster Int. D. See State v. Neidt, (N. J. Ch.) 19 A 318. See also Risk [34 Cyc 1791]. [a] "In ordinary acceptation or comprehension, a 'hazard,' whether applied to contract relation, personal relation, or to golf or gambling, means and covers a risk or peril, assumed or involved." State v. Hagan, (N. D.) 175 NW 372, 377. 16. Black L. D. See State Ins. Co. v. Taylor, 14 Colo. 499, 24 P 333, 336. 20 AmSR 281. See also the insurance titles. [a] Similar definition.-The incurring of the possibility of loss, or harm, for the possibility of a benefit. Webster D. [quot Hartford F. Ins. Co. v. Dorroh, 63 Tex. Civ. A. 560, 133 SW 465, 468]. 17. Black L. D. To like effect Syndicate Ins. Co. v. Bohn, 65 Fed. 165, 170, 12 CCA 531, 27 LRA 614: Hartford F. Ins. Co. v. Dorroh, 63 Tex. Civ. A. 560, 566, 133 SW 465 ("It is a matter of common knowledge that accepted insurance risks are graded, and premium rates adjusted, according to the physical conditions and surroundings of the property insured. It is also well known that many fires are of incendiary origin, and that in the transaction of their business insurance companies must 18. See Hazard ante this page; Workmen's Compensation Acts § 35. 19. Black L. D. See Russell v. Manufacturers', etc., F. Ins. Co., 50 Minn. 409, 52 NW 906, 907; Butterfoss v. State, 40 N. J. Eq. 325, 330; State v. Neidt, (N. J. Ch.) 19 A 313; Pindar V. Continental Ins. Co.. 38 N. Y. 364, 365, 97 AmD 795; Smith v. Mechanics', etc., F. Ins. Co., 32 N. Y. 399, 403. [a] "Hazardous employment."Kender v. Reineking, 228 N. Y. 240, 126 NE 713, 714; State v. Hagan, (N. D.) 175 NW 372, 375. And see generally Workmen's Compensation Acts § 35. [b] "Hazardous negligence."Riggs v. Standard Oil Co., 130 Fed. 199, 204. [c] "Hazardous Occupation." Kass v. Hirschberg. etc., Co., 191 App. Div. 300, 181 NYS 35, 37. [d] The work of an assistant piano mover is not "hazardous," as distinguished from ordinary manual labor. McIntosh v. Jones, 36 Mont. 467, 93 P 557, 560, 14 LRANS 933. 20. Black L. D. 22. See Him post p...; Himself post p...; His post p.... "He" or "him" in a joint attachment see Attachments § 288 text and note 76. "The" instead of "he" in an acknowledgment see Acknowledgments § 200 note 19 [a]. 23. Century D. See In re Schuyl kill County Licenses, 24 Pa. Co. 571, 573 (where "he" is used in connection with "is"); Reg. v. Bridgeworth, 10 A. & E. 66. 68, 37 ECL 59, 113 Reprint 26 (under a statute requiring that, before a person is put on the burgess list of a borough, "he shall have paid certain rates,' the payment must have been by the party's own act, and it was not sufficient that another person, without his authority, paid the rate for him). 24. Berniaud v. Beecher, 71 Cal. 38, 42, 11 P 802; Hightower v. State, 14 Ga. A. 246, 80 SE 684, 685; Peo. v. Warden of City Prison,, 123 App. Div. 288, 107 NYS 1103, 1104; Owens v. Haines, 199 Pa. 137, 48 A 859; Texas Cent. R. Co. v. Wheeler, 52 Tex. Civ. A. 603, 116 SW 83, 86; Marek v. State, JUAN D. MIRANDA (Hay-Healing Act inclusive). contains the brain and the organs of special sense; the upper part or principal source of a stream;' also chief; leading; principal. 27 25 26 Headchair. A part of a block switch, a device used in railroading by which the footings of the ends of the two stationary rails are covered. 28 Head money.29 A sum of money reckoned at a fixed amount for each head, that is, a person, in a designated class. Particularly: (1) A capitation or poll tax.30 (2) A bounty offered by the laws of the United States for each person on board an enemy's ship or vessel, at the commencement of a naval engagement, which shall be sunk or destroyed by a ship or vessel of the United States of equal or inferior force, such bounty to be divided among the officers and crew in the same manner as prize money.31 (3) The tax or duty imposed by act of congress of Aug. 3, 1882, on owners of steamships and sailing vessels for every immigrant brought into the United States.32 (4) A bounty or reward paid to one who pursues and kills a bandit or outlaw and produces his head as evidence, the offer of such reward being popularly called "putting a price on his head. ''33 Head of department.34 The person in charge of a department of the government.35 As applied to the federal government, the secretary in charge of a great division of the executive branch of the govIt ernment who is a member of the cabinet.36 does not include heads of bureaus or lesser divi 49 Tex. Cr. 428, 429, 94 SW 469. [a] Admission of attorneys.-The words "he shall be licensed, etc.,' as used in an act referring to the admission of attorneys, cannot be construed as applying to females as well as males, in the absence of evidence of a legislative intent to require their admission. Matter of Goodell, 39 Wis. 232, 241, 20 AmR 42. See also Attorney and Client § 22. 25. Standard D. [a] "Hearing" excluded.-An allegation that plaintiff was seriously and permanently injured through his "head," skull, eyes, and bruises to his right leg and body, does not include an injury to the organs of hearing. Keefe v. Lee, 197 N. Y. 68, 90 NE 344, 346, 27 LRANS 837. 26. Black L. D. [a] "Head of creek."-A term applied to the source of the longest branch, unless general reputation sions. 37 Head of street. The point where a street, in its full width, terminates.38 Head of water. In hydraulic engineering, mining, etc., the effective force of a body or volume of water, expressed in terms of the vertical distance from the level of the water in the pond, reservoir, dam, or other source of supply, to the point where it is to be mechanically applied, or expressed in terms of the pressure of the water per square inch at the latter point.39 HEADACHE. A pain in the cranial part of the head. 40 The name of a medi HEADACHE WAFERS. [a] "All heads of departments."Fagen v. Morris, 83 N. J. L. 3, 4, 84 A 1067. [b] "Head of a principal department."-State v. Arnold, 151 Wis. 19, 138 NW 78, 83. [c] "Head of a department, office, or institution."-McKenzie v. Elliott, 77 N. J. L. 43, 47, 72 A 47, 49. [d] The commissioner of public works as head of department see Gilroy v. Smith, 5 NYS 784, 787. [e] Game, fish, and oyster commissioner as head of department see Sterrett v. Gibson, (Tex. Civ. A.) 168 SW 16, 17. State officers generally see States [36 Cyc 844]. 36. Burnap v. U. S., 252 U. S. 512, 40 SCt 374, 376, 64 L. ed. 692. To like effect U. S. v. Mouat, 124 U. S. 303, 307, 8 SCt 505, 506, 31 L. ed. 463 (construing U. S. Const. art 2 § 2). Functions of heads of executive has given the appellation to another. | departments see United States [39 Davis v. Bryant, 2 Bibb. (Ky.) 110, 113. [b] "Head of stream."-The highest point on the stream which furnishes a continuous stream of water, not necessarily the longest fork or prong. Black L. D. To like effect Uhl v. Reynolds, 64 SW 498, 501, 23 KyL 759; State v. Coleman, 13 N. J. L. 98, 104. See also Boundaries § 7 text and note 67. [c] "To the head of Gilpatrick's Cove."-Whitmore v. Brown, 100 Me. 410. 414, 61 A 985. 27. Black L. D. See also Head of a Family post this page. [a] Head of a bureau.-Peo. v. New York Fire Comrs., 86 N. Y. 149, 151; Peo. v. Oakley, 93 App. Div. 535, 87 NYS 856, 859. 28. Eastman v. Lake Shore, etc., R. Co., 101 Mich. 597, 600, 60 NW 309. 29. See generally Bounties 9 C. J. p 299. Cyc 703]. Federal officers generally see 37. Burnap v. U. S., 252 U. S. 512, 40 SCt 374, 376, 64 L. ed. 692. [a] The commissioner of patents is not a head of department, within the meaning of the constitution. U. S. v. Germaine, 99 U. S. 508, 511, 25 L. ed. 482; U. S. v. Van Leuven, 62 Fed. 62, 65. 38. Kennedy v. Detroit R. Co., 108 Mich. 390, 396, 66 NW 495. 39. Black L. D. See Milo Electric Light, etc., Co. v. Sebec Dam Co., 109 Me. 427, 84 A 941, 943; Shearer v. Middleton, 88 Mich. 621, 50 NW 737; Cargill v. Thompson, 57 Minn. 534, 545, 59 NW 638. [a] Other definitions.—(1) "The quantity entering the intake of any canal or ditch." Hough V. Porter, 51 Or. 318, 417, 95 P 732, 98 P 1083, 102 P 728. (2) "A head of water is that quantity which will flow each second through an opening one foot square." Watkins Land Co. v. Clements, 98 Tex. 578, 583. 86 SW 733, 734, 107 AmSR 653, 70 LRA 964. 873 40. Century D. See Austro-American SS. Co. v. Thomas, 248 Fed. 231. 235, 160 CCA 309, LRA1918D ("Emotional exhaustion is the natural concomitant of excitement of any kind, and we regard the words 'nervousness' and 'headache' as no 47 more than the translation into common speech of emotional excitation"). [a] Occasional and temporary attacks of that character, evidencing no vice in the constitution, but rather the result of casual causes, such as overwork, were held not to constitute "headaches" in the sense in which the word was used in an application for life insurance. New York Mut. L. Ins. Co. v. Simpson, (Tex. Civ. A.) 28 SW 837, 838. 41. Gessler v. Grieb, 80 Wis. 21, 27, 48 NW 1098, 27 AmSR 20 (the term being descriptive and in common use, no exclusive right to it as a trade-mark can be obtained). 42. Webster Int. D. See Big Branch Coal Co. v. Wrenchie, 160 Ky. 668, 671, 170 SW 14 ("Headers are longer pieces of plank extending over more of the roof and supported by two props, one at each end"). 43. Williamson v. State, 39 Tex. Cr. 60, 61, 44 SW 1107, 73 AmSR 901. 44. Century D. [a] In the case of an election ballot the word "heading" was held to have reference only to the words at the top of the ticket, which designate the party. Roller v. Truesdale, 26 Oh. St. 586, 592 (construing 71 Oh. L. 31). 45. Webster D. [quot Miller v. State, 81 Ark. 359, 362, 99 SW 533]. [a] As part of "article."-"In a certain sense the headline is a part of the article or chapter which follows, but, strictly speaking, it is separate, and the terms convey a different meaning than that of the article or chapter itself. It may be considered as a part of the article for the purpose of determining the meaning of the latter." Miller V. State, 81 Ark. 359, 362, 99 SW 533. 46. Century D. [quot Miller V. State, 81 Ark. 359, 362, 99 SW 533]. [a] "The headline of a newspaper or other publication is a summary or index of that which follows." Miller v. State, 81 Ark. 359, 362, 99 SW 533. 47. Black L. D. 48. Head of a family: Husband as see Husband and Wife [21 Cyc 1147]. Judicial construction of phrase in statute defining jurors' qualifications see Juries [24 Cyc 202]. Meaning of term as used in statute republic and performed all the duties required of HEAD-ON.49 HEADQUARTERS. The place where one chiefly citizens.51 resides or carries on business.50 HEADRIGHT CERTIFICATE. In the laws of the republic of Texas, a certificate issued under authority of an act of 1839, which provided that every person immigrating to the republic between Oct. 1, 1837, and Jan. 1, 1840, who was the head of a family and actually resided within the government with his or her family, should be entitled to a grant of six hundred and forty acres of land, to be held under such a certificate for three years, and then conveyed by absolute deed to the settler, if in the meantime he had resided permanently within the relating to: Entry of public land see Public Lands [32 Cyc 815]. Exemption see Exemptions § 28. Right to exemptions: Generally see Exemptions § 28. Of homesteads see Homesteads § 36. Wages of, as exempt see Exemptions § 102 et seq. 49. See Collision 11 C. J. p 1016 § 1 text and note 9. 50. Century D. See State v. Min HEAD TO WIND.52 53 HEALER OF THIEVES. A furtherer of felons.54 HEALERS. A term used by the believers of christian science to designate those who attempt demonstrations of the science, and who treat disease without the use of any material means what ever. 55 HEALING ACT. One that cures some defect in a proceeding which the legislature could have authorized in the first instance.5 56 |