44. Webster D. [a] "Hence in this case" in an instruction held to be the equivalent of "therefore." Alexander v. Peo. 96 Ill. 96. 101. 45. Clem v. State, 33 Ind. 418, 431. 46. Thomson v. American Surety Co., 170 N. Y. 109, 114, 62 NE 1073. 47. Century D. [a] "From henceforth."-U. S. v. Le Baron. 19 How. (U. S.) 73, 75, 15 L. ed. 525 [cit and appr Clayton's Case. 5 Coke la]. 48. See cases infra this note. Opinion of Chief Justice, 7 Pick. (Mass.) 125 note. 128 note. [a] A permanent or a temporary arrangement is imported by the word, according to the general tenor of the instrument and the nature of the subject matter about which it is used. Opinion of Chief Justice, 7 Pick. (Mass.) 125 note, 128 note. 49. Barnes v. State, 88 Md. 347, 352. 41 A 781. 50. Barnes v. State, 88 Md. 347, 352. 41 A 781. 51. Barnes v. State, 88 Md. 347, 352. 41 A 781 (the meaning of the word as used in an alleged libel does not include "policeman" or "special policeman"). 52. Herald Pub. Co. v. Feltner, 158 Ky. 35, 40, 164 SW 370. 53. Davis v. State, 52 Tex. Cr. 149, 106 SW 144, 145. 54. Lucas v. State, 144 Ala. 63, 39 S 821, 822, 3 LRANS 412. 55. See Hers post p 349; Him post p 755. 56. Warner v. State, 54 Ark. 660, 663, 17 SW 6; State v. Farmer, 26 N. C. 224, 225; State v. Goings, 20 N. C. 289, 290; Battle v. State, 4 Tex. A. 595, 596, 30 AmR 169; Taylor v. Com., 20 Gratt. (61 Va.) 825, 828. [a] The phrase "her real estate" as used in an act providing that "a divorce granted for misconduct of the husband, shall entitle the wife to the same rights, so far as her real estate is concerned, that she would have been entitled to by his death," means the separate real estate of the wife. Fletcher v. Monroe, 145 Ind. 56, 59, 43 NE 1053. 57. Abbot v. McCadden, 81 Wis. 563, 51 NW 1079, 29 AmSR 910. 58. Vaughan v. Vaughan, 97 Va. 322. 33 SE 603, 605, 59. McDuffie v. Montgomery, 128 Fed. 105. 60. Fletcher v. Monroe, 145 Ind. 56, 43 NE 1053, 1054. 61. Greene v. Smith, 17 R. I. 28. 19 A 1081, 1082. 62. Jacob L. D. [quot Simpson v.] Com., 3 Gratt. (44 Va.) 632; Gilkey Coe, 4 N. H. 301, 302]. See De la Warr v. Cook, 60 Wis. 133, 18 NW 639, 641; v. Miles, 17 Ch. D. 535, 589 (common Inglis v. Stock, 10 App. Cas. 263, 269, of pasturage and herbage does not in- 13 ERC 366; Chatham Local Bd. of clude the right to cut and carry away Health V. Rochester Pav., etc., brakes, fern, heather, and litter. The Comrs., L. R. 1 Q. B. 24, 33. commoners have "a right in respect of their tenements to feed upon this waste by the mouths of their cattle; taking not merely the grass, but whatever the cattle would eat, which I take to be included under the word 'herbage'"). See also Johnson V. Hodgson, 8 East 38, 40, 103 Reprint 258. Diccionario. 63. Escriche Herbage ante this page. See 64. Escriche Diccionario. See generally Physicians and Surgeons [30 Cyc 1539]. 65. Webster D. [quot Brimm v. Jones, 13 Utah 440, 448, 45 P 46. 352]. Fry v. Hubner, 35 Or. 184, 57 P 420, 421. [a] Driving sheep from one range to another not "herding" see Phipps v. Grover, 9 Ida. 415, 75 P 64. Herding on inclosed land of another as penal offense see Animals § 479. Mingling flocks and herd as constituting conversion see Trover and Conversion [38 Cyc 2021]. 66. Century D. See Underwood v. Birdsell, 6 Mont. 142, 145, 9 P 922; Hooker v. McAllister, 12 Wash. 46, 49, 40 P 617. see Distinguished from "farmer" Farmer 25 C. J. p 673 note 61 [c]. 67. See Animals § 580 et seq. 68. Teague v. Schaub, 133 N. C. 458, 464, 45 SE 762 (construing the term, when occurring in a contract, to refer to the place where the parties to it were at the time of its execution). 69. Teague v. Schaub, 133 N. C. 458, 464, 45 SE 762. [a] "Here insert."-Midland R. Co. v. Trissal, 30 Ind. A. 77, 65 NE 543, 545. 70. Ercanbrack v. Faris, 10 Ida. 584, 79 P 817. 818. 71. Ercanbrack v. Faris, 10 Ida. 584, 79 P 817, 818. 72. Webster D. [quot Ercanbrack v. Faris, 10 Ida. 584, 79 P 817, 818]. See Beer v. U. S., 181 Fed. 402, 403; Perkins Co. v. U. S., 180 Fed. 935, 937; Nevada County v. Hicks, 48 Ark. 515, 520, 3 SW 524; Kendall v. Peo., 53 Colo. 100, 125 P 586, 589; Gerding v. Beall, 63 Ga. 561, 562; Nelson v. State, 17 Ind. A. 403, 46 NE 941, 943; Atty.-Gen. v. Ware River R. Co., 115 Mass. 400, 404; Hathaway v. Washington Milling Co., 139 Mich. 708, 103 NW 164, 166; Williams v. Bayonne, 55 N. J. L. 60, 25 A 407, 409; Chapman v. Holmes, 10 N. J. L. 20, 26; McMahon v. Arnold, 107 App. Div. 132, 94 NYS 775, 776; Pennsylvania R. Co. v. Bogert, 209 Pa. 589, 59 A 100, 102; In re Ingersoll, 167 Pa. 536, 549, 31 A 858; Webb v. Com., 2 Leigh (29 Va.) 721, 723; Perry v. [a] As expressive of duration.When used in connection with a grant contained in a contract the word has been held not to imply an unlimited duration. The court says: "The word 'hereafter' used as an adverb does not necessarily refer to unlimited time. . . . It is not a synonym for 'forever.' It rather indicates the direction in time merely to which the context refers, and is limited by it. The duration of the 'hereafter' is usually expressed by some other word, or is inferred from the context. In fact, the mind does not rest satisfied with the use of the word 'hereafter' in such case, but naturally inquires, and expects to hear in addition, how long the hereafter is to last." Dobbins v. Cragin, 50 N. J. Eq. 640, 648, 23 A 172. a [b] As relating to execution of power of attorney.-A power of attorney authorizing the entry of the appearance of the grantor of the power in term time or in vacation "at any time hereafter" to file cognovit and confess judgment, etc., means at any time after the power was executed, and hence such appearance could be entered on the day that the warrant of attorney was executed. Thomas v. Muller, 106 Ill. 36, 43. (1) [c] In statutory construction the word has been held to refer to the time of the passage of a statute (Tremont, etc., Mills v. Lowell, 165 Mass. 265, 266, 42 NE 1134: Moore v. Mausert, 49 N. Y. 332, 335) (2) or ordinance (Kendig V. Knight, 60 Iowa 29, 14 NW 78), (3) and so also to the time of the adoption of a constitution (Lish v. Wheeling, 7 W. Va. 501, 522). (4) But the greater weight of authority supports the view that it refers to the date of taking effect of an act. Evansville, etc., R. Co. v. Barbee, 59 Ind. 592, 593; Thatcher v. Haun, 12 Iowa 303, 311; Bennett v. Bevard, 6 Iowa 82, 89; Matawan v. Horner, 48 N. J. L. 441, 445, 5 A 807; Erie County v. Jones, 1 NYS 557, 558; Perry v. Com., 3 Gratt. (44 Va.) 632; Gilkey v. Cook, 60 Wis. 133, 138, 18 NW 639. Retroactive operation of see Statutes [36 Cyc 1201]. Time of taking effect of statutes see Statutes [36 Cyc 11911. statute 73. Lane v. Kolb, 92 Ala. 636, 648, 9 S 873; Essex County Nat. Bank v. Harrison, 57 N. J. Eq. 91, 93, 40 A 209. 74. Alsop's App., 9 Pa. 374, 382; Renwick v. Smith, 11 S. C. 294, 307. 75. Custy V. Donlan, 159 Mass. 245, 246. 34 NE 360, 38 AmSR 419. 76. Evans v. McCarthy, 42 Kan. 426, 427, 22 P 631; Chambers v. Sharp, Hereditary real estate. ance. 83 Hereditary succession. The title whereby a person on the death of his ancestor acquires his estate as his heir at law.84 HEREIN. A location adverb which, according to the context, may refer to the section, the chapter, or the entire enactment in which it is used.85 HEREINAFTER. Afterward in this (statement, narrative, or document); referring to something 61 N. J. Eq. 253, 257, 48 A 222. See Manton v. South Shore Tract. Co., 104 NYS 612, 613; Okanogan County v. Cheetham, 37 Wash. 682, 80 P 262, 263, 70 LRA 1027. [a] In acts relating to land grants, the words there "be and is hereby granted" constitute a present grant, conveying title immediately. St. Paul, etc., R. Co. v. Northern Pac. R. Co., 139 U. S. 1, 3, 11 SCt 389, 35 L. ed. 77; Wright v. Roseberry, 121 U. S. 488, 500, 7 SCt 985, 30 L. ed. 1039; Leavenworth, etc., R. Co., v. U. S., 92 U. S. 733, 735, 23 L. ed. 634; Schulenberg v. Harriman, 21 Wall. (U. S.) 44, 46, 22 L. ed. 551; Northern Pac. R. Co. v. Wright, 54 Fed. 67, 69, 4 CCA 193; Francoeur v. Newhouse, 40 Fed. 618, 620; Southern Pac. R. Co. v. Wood, 124 Cal. 475, 481, 57 P 388; McLaughlin v. Menotti, 89 Cal. 354, 359, 26 P 880; McNee v. Donahue, 76 Cal. 499, 502, 18 P 438; Tubbs v. Wilhoit, 73 Cal. 61, 63, 14 P 361; U. S. v. Northern Pac. R. Co., 6 Mont. 351, 353, 12 P 769; Northern Pac. R. Co. v. Majors, 5 Mont. 111, 127, 2 P 322; State v. Central Pac. R. Co., 20 Nev. 372, 380, 22 P 237; Wells v. Pennington County, 2 S. D. 1, 48 NW 305, 306, 39 AmSR 758; Tarpey v. Deseret Salt Co., 5 Utah 494, 499, 17 P 631 [aff 142 U. S. 241, 12 SCt 158, 35 L. ed. 999]. 77. Escriche Diccionario. See Inheritance [22 Cyc 722]; Plantation [30 Cyc 1638]. 78. See Hæres ante p 202. 79. Hereditament: HERETOFORE. In time past; previous time;" previously.98 HEREUNDER. Under this.99 An Es[b] Herencia vacante.-An intestate or unclaimed inheritance. Escriche Diccionario. Lewis, 68 N. J. Eq. 437, 59_A_227. | used, and does not extend to earlier "Herein contained" see Statutes [36 Cyc 1124 text and note 91]. Defined see Property [32 Cyc 659]. Co., 16 S. C. 416, 425; Creighton v. Dower see Dower § 35. 80. Hereditary insanity see In- Or. 401, 404. sane Persons. 81. Webster Int. D. 82. Webster Int. D. See Gridley v. Northwestern Mut. L. Ins. Co., 111 F. Cas. No. 5,808, 14 Blatchf. 107. 83. Douglass v. Lewis, 3 N. M. 345, 347, 9 P 377 [aff 131 U. S. 75, 9 SCt 634, 33 L. ed. 53] (construing N. H. Comp. L. [1884] § 2750). 84. Hannon v. Southern Pac. R. Co., 12 Cal. A. 350, 107 P 335, 338; Barclay v. Cameron, 25 Tex. 232, 241 [quot Parrish v. Mills, 101 Tex. 276, 106 SW 882, 886]. See generally Descent and Distribution 18 C. J. p 795. [a] Similar definition.-"The title whereby a man, on the death of his ancestor, acquires his estate by right of representation as his heir at law." In re Donahue, 36 Cal. 329, 332. "Heir at law" defined see Heir § 24. 85. Anderson L. D. [quot In re Pearsons, 98 Cal. 603, 608, 33 P 4511. See In re Berkowitz, 143 Fed. 598, 601; Globe School Dist. No. 1 v. Globe Bd. of Health, 20 Ariz. 208, 179 P 55, 59; Quarl v. Abbett, 102 Ind. 233, 1 NE 476, 480, 52 AmR 662; Jacobs v. Prescott, 102 Me. 63, 65 A 761, 762; Welch v. O'Meara, 195 Mass. 541, 81 NE 264, 265; Miller v. Bayless, 194 Mo. 630, 92 SW 482, 484; United New Jersey R., etc., Co. v. 94. See Blasphemy § 1 text and note 8. 95. See Hæres ante p 202. 96. Keeler v. Merchants' L. & T. Co., 253 Ill. 528, 97 NE 1061, 1064. [a] The word denotes time past, generally, as distinguished from time present or future, and beyond this has no specific significance. Andrews v. Thayer, 40 Conn. 156, 157. [b] Construed or applied.-Ware v. Hylton, 3 Dall. (U. S.) 199, 242, 244, 1 L. ed. 568; Skookum Oil Co. v. Thomas, 162 Cal. 539, 123 P 363, 86. Century D. See Shey's App., 366; Crane's App., 2 Root (Conn.) 73 Conn. 122, 124, 46 A 832 [cit Colt 487, 488; Brewster v. Peo., 183 Ill. v. Colt, 33 Conn. 270, 280]; Duggan 143, 150, 55 NE 640; George v. Peo.. v. Davey, 4 Dak. 110, 26 NW 887, 167 Ill. 447, 456, 47 NE 741; Vickerie 893; Ely v. Holton, 15 N. Y. 595, 597; v. Buswell, 13 Me. 289, 291; Bixby Stafford v. Washburn, 145 App. Div. v. Whitney, 5 Me. 192, 195; Parsons 784, 130 NYS 571, 575; Alsop's App., v. Wayne County Cir. Judge, 37 Mich. 9 Pa. 374, 382; Morris v. Structural 287, 289; Peo. v. Judge Saginaw Cir. Steel Co., 24 B. C. 59, 35 DomLR Ct., 26 Mich. 342, 344; State v. Holt739, 745, [1917] 2 West Wkly 749. camp, 235 Mo. 232, 138 SW 521, 522; [a] Construed as "hereinbe-State v. Hamey, 168 Mo. 167, 185, 67 fore."-Waring v. Cheraw, etc., R. SW 620, 57 LRA 846; Allison V. Chaney, 63 Mo. 279, 283; Bishop v. Pringle, 3 S. C. 77, 79, 94; Campbell Schneider, 46 Mo. 472, 481, 2 AmR v. Imperial Loan Co., 18 Man. 144 164. 533; State v. Keith, 37 Nev. 452, 142 87. Taylor v. Umatilla County, 6 P 532, AnnCas1917A 1276; State v. Saunders, 66 N. H. 39, 53, 25 A 588, 88. Taylor V. Insurance Co. of 18 LRA 646; Matawan Comrs. v. North America, 25 Okl. 92, 105 P 354, Horner, 48 N. J. L. 441, 445, 5 A 361, 138 AmSR 906. 807; Pancoast v. Troth, 34 N. J. L. 377, 382 Perrine v. Farr, 22 N. J. L. 356, 365; Harris v. Vanderveer, 21 N. J. Eq. 424, 430; Peo. v. Crennan, 141 N. Y. 239, 244, 36 NE 187; Peo. v. Baltimore, etc., R. Co., 117 N. Y. 150, 158, 22 NE 1026; Dumois v. New York, 37 Misc. 614, 616, 76 NYS 161; Hill v. New York, 18 NYS 399, 402; Crouse v. Walrath, 41 HowPr (N. Y.) 86, 88; Peo. v. Kennedy, 2 Park. Cr. (N. Y.) 312, 317; Woods v. Coleman, 32 Okl. 244, 122 P 234, 235; Millers' Mut. F. Ins. Co. v. Austin, (Tex. Civ. A.) 210 SW 825, 828; Miller v. State, 55 Tex. Cr. 74, 115 SW 578, 579; Wilson v. State, 15 Tex. A. 150, 155; McGarvey v. Swan,, 17 Wyo. 120, 96 P 697, 704. 89. Taylor V. Umatilla County, 6 Or. 401, 404. 90. Century D. [quot Taylor v. Insurance Co. of North America, 25 Okl. 92, 105 P 354, 361, 138 AmSR 906]. 91. Webster D. [quot Taylor v. Insurance Co. of North America, 25 Okl. 92, 105 P 354, 361, 138 AmSR 906]. 92. Century D. [quot Taylor v. [a] Construed in: H. W. Johns [c] When used in a statute, the word refers to the time of its taking effect and prior thereto. Evansville, etc., R. Co. v. Barbee, 59 Ind. 592, 593; Matawan Comrs. v. Horner, 48 N. J. L. 441, 445, 5 A 807; Gilkey v. Cook, 60 Wis. 133, 138, 18 NW 639. 97. Keeler v. Merchants' L. & T. Co., 253 Ill. 528, 97 NE 1061, 1064. 98. Keeler v. Merchants' L. & T. [b] "Hereinbefore contained" in a Co., 253 Ill. 528, 97 NE 1061, 1064. statute has reference to matters con- 99. Webster Int. D. See Pringle tained in the section in which it is v. Wilson, 156 Cal. 313, 104 P 316, Heritable interest. An interest which is attached to the ownership of land.5 HERITAGE. In the civil law, every species of immovable which can be subject of property; such as land, houses, orchards, woods, marshes, ponds, etc., in whatever mode they may have been acquired, either by descent or purchase. In the Norman law, a term used to designate real estate. In Scotch law, land, and all property connected with land; real estate as distinguished from movables or personal estate.8 HERITOR. In Scotch law, a proprietor of land.9 HERMAFRODITA. (Hermaphrodite, from the names of the Greek deities, Hermes and Aphrodite). In Spanish law, one who unites in himself both sexes.10 11 HERMANDAD. In Spanish law, brotherhood,1 being applied both to the natural relationship and to an artificial one, for example, Santa Hermandad, an association to combat crime.12 HERMANOS. In Spanish law, brothers. 13 HERMAPHRODITE. In medical jurisprudence, a person of doubtful or double sex; one possessing, really or apparently, and in more or less developed form, some or all of the genital organs of both sexes. 14 HEROIN. A poison, a derivative of morphine.1a HERPES. A generic term applied (with a qualifier indicating the form or part affected) formerly to numerous dissimilar diseases, including eczema, lichen, psoriasis, and ringworm;19 any of various and acute inflammatory affections of the skin and mucous membrane, characterized by the formation of clusters of the vesicles, which have a tendency to creep or spread from one part to another.2 Herpes zoster capitas. A cutaneous affection which appears in several forms and is also known as "shingles. 7921 HERPÈTIFORMIS. A skin disease.22 20 HERRADOR. In Spanish law, ironmonger, ironsmith. 23 HERRAMIENTAS. In Spanish law, the tools of an artisan which, like the library and implements of a professional man, are exempt from execution. 24 HERS.25 Of or belonging to her.26 HERTIAN WAVES. Electric oscillations discovered by Heinrich Hertz.27 HICKEY. A device for bending a conduit, consisting of an iron pipe used as a handle fitted at one end with a tee through which the conduit is passed. 28 HIDAGE. An extraordinary tax formerly payable to the crown for every hide of land. 29 HIDALGO (Hijodalgo) In Spanish law, a person of distinguished class or noble lineage; an aristocrat.30 HIDALGUIA. In Spanish law, nobility, the state of being an hidalgo." 31 HIDE. As a noun. The skin of an animal, either raw or dressed, more generally applied to the undressed skins of the larger domestic animals, as oxen, horses, etc.32 In old English law, a measure of land, being as much as could be worked with one plow; as much land as would support one family or the dwellers in a mansion house; also, a house; a dwelling house.33 As a verb. To conceal, or withdraw from sight; to put out of view; to secrete.34 [b] Hermanos consanguineos.Those having the same father only. Escriche Diccionario. [c] Hermanos legitimos.-Those born in lawful matrimony. Escriche Diccionario. [d] Hermanos naturales.-Those born outside of matrimony__but_of parents who could marry. Escriche Diccionario. [e] Hermanos uterinos.-Those with the same mother only. Escriche 5. Hemsley v. Marlborough House | Diccionario. Co., 68 N. J. Eq. 596, 61 A 455, 456. 6. Black L. D. 7. Dowdel V. Hamm, 2 (Pa.) 61, 65. Watts 8. Black L. D. See Australia Inland V. 14. Black L. D. Imputing want of sexual powers as libeleous see Libel and Slander [25 Cyc 264]. 25. See Her ante p 347. 26. Standard D. See Elyton Land Co. v. McElrath, 53 Fed. 763, 766, 3 CCA 649 (holding that the word "hers" in a will should be construed as denoting the idea of entire possession or ownership). 27. National Electric Signaling Co. v. Telefunken Wireless Tel. Co., 221 Fed. 629, 631, 137 CCA 353. 28. Webster Int. D. [a] "A hickey' consists of two iron strips fastened to the pole and extending above its end, supporting Barto v. State Tel. Co., a crossbar." 126 Iowa 241, 242, 101 NW 876, 106 AmSR 347. 29. Revenue Smelting Co. 15. A maxim meaning "An hermaphrodite is to be considered male or female, according to the predominancy of the prevailing sex." Wharton L. Lex. [cit Coke Litt.]. 16. Rapalje & L. L. D. 9. Black L. D. See Glasgow v. McEwan, [1900] A. C. 91, 95 (Whatever may be the technical phraseology, and however it may be cut down by some archæological consid-Pacific Mut. L. Ins. Co., 100 Mo. A. erations of Scottish law, it is admitted at the bar on behalf of the appellants that at all events what we call proprietorship will bring the person who is the proprietor within the category of 'heritors' under the ancient act"). 17. Webster Int. D. See Carr v. 602, 75 SW 180, 183 (holding that there is no kinship between the words. "orchitis, hernia,' freezing, and sunstroke"). Black L. D. (this taxation was levied, not in money, but provision of armor, etc.). See Hide post this page. 30. Escriche Diccionario. 31. Escriche Diccionario. 32. Webster D. [quot Healy V. Brandon, 66 Hun 515, 521, 21 NYS 3901. See also Rossbach v. U. S., 116 Fed. 781; Coggil v. Lawrence, 6 F. Cas. No. 2,956, 1 Blatchf. 602. [a] Distinguished from "skins."''Hides' are separated from 'skins' by weight. If more than 12 pounds in weight, they are known as 'hides'; if less, they are known as 'skins.' U. S. v. Helmrath, 145 Fed. 36, 37, 75 CCA 261. In tariff act see Customs Duties § 51 text and note 61. Black L. D. 33. Hynds v. Brooklyn Heights R. 34. Webster Int. D. See Cook v. Co., 111 App. Div. 339, 97 NYS 705, State, 26 Ga. 593, 603; Darneal v. State, 14 Okl. Cr. 540, 174 P 290, 292; See also Sandheger v. Hosey, 26 W. Va. 221, HIGH. A relative term,35 referring to the height of a thing when compared to other structures;36 also, sometimes used to denote that which is common, open, and public.37 High-lived. Pertaining to high life.38 40 High right. The right of a person to enjoy his physical organization and all the powers thereof. 39 High sea. That portion of the sea which washes the open coast;11 the outside of low-water mark on the coast.42 High-tension system. A method of generating at the power house a large volume or current of electricity, but with a comparatively low voltage, and converting it into a small current or volume with an exceedingly high voltage, and carrying it out along the line on small wires to be taken off at different points called "substations. ''43 High-water line. A line limited by the outflow of the medium high tides between the spring and neap tides. 14 35. Louisville, etc., R. Co. v. Tuck-1 er, 65 SW 453, 454, 23 KyL 1929. 36. Louisville, etc., R. Co. v. Tucker, 65 SW 453, 454, 23 KyL 1929 ("A structure is said to be high or low according to the uses to which it is to be put. So, in this case, the bridge is high or low according to the height of cars to pass under it"). 37. U. S. v. Rodgers, 150 U. S. 249, 254, 14 SCt 109, 37 L. ed. 1071. 38. Century D. [a] When used in reference to a horse, the term does not necessarily imply that he was vicious and dangerous for persons accustomed to handling horses. The term is frequently applied to horses which are just the opposite. Cons. Min. Co., 16 P 626. Wilson v. Sioux Utah 392, 397, 52 39. Peo. v. Olsen, 4 Utah 413, 415, 11 P 577. 40. Admiralty jurisdiction: Generally see Admiralty §§ 32, 44. Of federal courts in criminal cases see Criminal Law § 220 text and notes 23-25. "Sea" defined see [35 Cyc 1164]. 41. Morgan v. Nagodish, 40 La. Ann. 246, 3 S 636 (it does "not include the combined salt and fresh waters which, at high tide, flood the banks of an adjacent bay").. [a] "Main sea" and "high sea" are synonymous. U. S. v. Newark Meadows Impr. Co., 173 Fed. 426, 428. 42. U. S. v. Seagrist, 27 F. Cas. No. 16,245, 4 Blatchf. 420. See U. S. v. Rodgers, 150 U. S. 249, 14 SCt 109, 113, 37 L. ed. 1071; Ross v. McIntyre, 140 U. S. 453, 11 SCt 897, 902, 35 L. ed. 581; The Cuzco, 225 Fed. 169, 176; The North Star, 62 Fed. 71, 75, 10 CCA 262; De Lovio v. Boit, 7 F. Cas. No. 3,776. 2 Gall. 398. [a] A basin or haven is not a part of the high seas. U. S. v. Morel, 26 F. Cas. No. 15,807, Brunn. Col. Cas. 373. [b] "The term 'high seas' includes waters on the seacoast without the boundaries of low-water mark.' Ross v. McIntyre, 140 U. S. 453, 471, 11 SCt 897, 902, 35 L. ed. 581. To like effect U. S. v. Newark Meadows Impr. Co., 173 Fed. 426, 428. 415, 422, 47 L. ed. 463 [cit U. S. v. Ross, 27 F. Cas. No. 16,196, 1 Gall. 624]. [d] Lake Michigan, which lies wholly within the territory of the United States, is not a "high sea" in the sense that it is open and uninclosed, and a free highway of adjoining nations or people. Bigelow v. Nickerson, 70 Fed. 113, 117, 17 CCA 1, 30 LRA 336. 43. Harrison v. Detroit, etc., R. Co., (Mich.) 100 NW 451, 452. 44. New Jersey Zinc, etc., Co. v. Morris Canal, etc., Co., 44 N. J. Eq. 398, 15 A 227, 1 LRA 133. See also Boundaries § 74; Navigable Waters [29 Cyc 336]. 45. See also Boundaries §§ 74, 75; Waters [40 Cyc 542]. Access to land between high and low-water marks see Navigable Waters [29 Cyc 336]. 46. Merrill v. Cerro Gordo County, 146 Iowa 325, 125 NW 222, 224. discussed.-"The [a] Definitions courts have attempted to define 'highwater mark' as the point below which the presence and action of the waters is so common, usual, and long continued in ordinary years as to mark upon the soil a character distinct from that of the banks with respect to vegetation as well as soil, stating that ordinary low water or low-water mark was the point at which the water receded at its lowest stage. These are more satisfactory definitions than those which leave a strip of land between the riparian owners and the water." Peoria v. Central Nat. Bank, 224 Ill. 43, 79 NE 296, 299, 12 LRANS 687. [b] Of rivers.-Fresh rivers not subject to tide may rise and fall at certain seasons and thus have defined high and low-water marks. "The low-water mark" is the point to which the river recedes at its lowest stage, while the "high-water mark" is the line which the river impresses on the soil by covering it for sufficient periods to deprive it of vegetation and to destroy its value for agriculture. State v. Longfellow, 169 Mo. 109, 116, 69 SW 374. [c] Bays, inlets, rivers, etc.-(1) [c] "High water mark does not The term "high sea" cannot be con- mean the height reached by unusual strued to include any portion of an floods, for these usually soon inlet which is well surrounded by is- disappear. Neither does it mean lands and can only be entered by the line ordinarily reached by the coming in near some of those islands great annual rises of the river, which or by way of certain straits. The cover in places lands that are valuKodiak, 53 Fed. 126, 128. (2) "High able for agricultural purposes, nor seas," as used in determining whether yet does it mean meadow land adjamovables taken in war are "booty," cent to the river, which, when the which is the term used when they are water leaves it, is adopted to and can taken on land, or "prize," used when be used for grazing or pasturing purtaken on the high seas, includes coast poses. The line, then, which fixes the waters without the boundaries of high water mark is that which sepalow-water mark, although within rates what properly belongs to the bays or roadsteads, waters on which river bed from that which belongs to a court of admiralty has jurisdiction. the riparian owner-that is, the ownU. S. v. Dewey, 188 U. S. 254, 23 SCter of adjoining land. Soil which is 64 48. Howard v. Ingersoll, 13 How. (U. S.) 381, 423, 14 L. ed. 189. See Erdman v. Watab Rapids Power Co., 112 Minn. 175, 127 NW 487, 489, 128 NW 454. 49. Mobile Transp. Co. v. Mobile, 128 Ala. 335, 352, 30 S 645, 86 AmSR 143, 64 LRA 333. 50. Storer v. Freeman, 6 Mass. 435, 439, 4 AmD 155. 51. Washougal etc., Transp. Co. v. Dalles, etc., Nav. Co., 27 Wash. 490, 498, 68 P 74 [quot Austin v. Bellingham, 69 Wash. 677, 126 P 59, 61]. 52. Nelson v. Gagnon, 21 B. C. 356, 22 DomLR 179, 181, 31 WestLR 346, 8 West Wkly 907. 53. St. John v. Gulf, etc., R. Co., (Tex. Civ. A.) 80 SW 235, 237. "Care" defined see 9 C. J. p 1286. 54. New Jersey Fidelity, etc., Ins. Co. v. Lehigh Valley R. Co., 92 N. J. L. 467, 105 A 206, 207. Distinguished from "reasonable care" see Care 9 C. J. p 1289 note 98 [d]. 55. See Diligence 18 C. J. p 1040 text and note 47. 56. Laleune V. Fairweather, 25 Man. 783, 25 DomLR 23, 25, 32 West LR 917, 9 West Wkly 567. 57. Canyon County Drain. Dist. No. 2 v. Extension Ditch Co., 32 Ida. 314, 182 P 847, 850. 58. International, etc., R. Co. v. Stephenson, 22 Tex. Civ. A. 220, 54 SW 1086, 1087. 59. See Criminal Law § 574 text and notes 20. 21. 60. See Diligence 18 C. J. p 1040 text and note 47. 61. Webster Int. D. [a] "Higher offense."-Peo. V. Newcomer, 118 Cal. 263, 50 P 405, 408; Benton v. Com., 91 Va. 782, 21 SE 495, 497. "High" defined see ante p 62. In re Stutzer, 26 Hun (N. Y.) 481, 484. 63. Webster Int. D. "High" defined see ante this page. 64. Highest bidder at: Auction see Auctions and Auctioneers § 28 text and note 95. Execution sale see Executions § 609. Judicial sale see Judicial Sales [24 Cyc 27]. Municipal property sale see Municipal Corporations [28 Cyc 630]. Tax property sale see Taxation [37 Cyc 1358, 1359]. 65. Zantzinger V. Pole, Dall. (Pa.) 419, 1 L. ed. 204. 330, 332. for [a] The "highest bidder" (1)ernor was not to be elected at the 72. Pringle v. Philadelphia Casnamed in a statute relating to the election next ensuing (which eventualty Co., 153 App. Div. 180, 138 NYS sale of lands for taxes has been occurs once in every four years), held to be one who will pay the tax the office of Secretary of State, by [a] In credit insurance policy.for the least quantity of land. It common usage and custom, in like "The first point made by the appelmay be "necessary" within the mean- manner as that of Governor, has lant is that the referee allowed cering of the statute (Acts [1844] c 123 headed the list of State officers to tain claims on losses through 'old 11) to sell the whole tract, but be filled at that election, and has customers,' each of whom he found this necessity should appear in the been understood and accepted in ac- was covered under paragraph DD return. It is not sufficient to state cordance with the popular or po- for an amount not exceeding the simply that the whole tract was litical idea as the highest office upon highest previous indebtedness sold to the highest bidder. Love the list. Tested, therefore, by the goods shipped. . . within 12 months joy v. Lunt, 48 Me. 377 [foll Loomis rule of construction to which we prior to shipping the first item of v. Pingree, 43 Me. 299]. (2) "By have referred, we are of the opinion goods included in the account upon the highest bidder must be under- that the phrase in question must be which the loss occurred,' and claims stood a person who makes the high-interpreted as understood by the that this ruling was erroneous, beest bid in good faith. The trustee is people in general, in the light of ing in flat contradiction to the holdnot bound to accept every bid. He is their usages and customs, some of ing of this court in Steinwender v. necessarily clothed with a prudent which we have mentioned, and that Philadelphia Casualty Co., 141 App. and sound discretion, and the Court the legislature thereby meant and Div. 432, 126 NYS 271, where the will always sustain him in refusing intended that if a Governor had been precise clause in this bond, as amendbids which would manifestly defeat elected at the last State election pre-ed by the rider, was under considand frustrate the very object and ceding the filing of the remon- eration. In that case this court purpose of a sale." Gray v. Veirs. strance, against an applicant who held, Mr. Justice Scott writing, that 33 Md. 18, 22. (3) L. (1888) Act desired to obtain a license to sell the highest previous indebtedness' No. 135 requiring that a sale of a in a township at a point beyond the referred to in such an experience street railway franchise shall be limits of a city therein, the ma- clause meant the highest indebtedmade to the "highest bidder" means jority of the voters of that town-ness which had been paid prior to the highest bidder in money, and the ship should be determined by the the execution of the bond, because sale of the franchise is invalid whole number of votes cast by the where the specifications call for and electors of that township for the the adjudication is made to the high- candidates for Governor at said last est bidder "in square yards of gravel preceding election. In the event a pavement." Hart v. Buckner, 54 Fed. Governor had not been elected, at 925, 5 CCA 1. said election, then it was intended that the aggregate vote cast in said township at said election for candidates for Secretary of State should be the standard by which the majority of the voters therein must be ascertained. As the judges of the Supreme Court are each elected for a term of six years, it would be possible for two successive elections to pass without the election of any member of that court; it is therefore evident, we. think, that this office would not serve the purpose intended and is not within the meaning contemplated by the statute. Massey v. Dunlap, 146 Ind. 350, 358, 44 NE 641. 66. Irving Sav. Inst. v. Robinson, 35 Misc. 449, 71 NYS 193. See Hart V. Buckner, 54 Fed. 925, 5 CCA 1; Fairfax v. Hopkins, 8 F. Cas. No. 4,614, 2 Cranch C. C. 134; Lovejoy v. Lunt, 48 Me. 377, 378; Gray v. Veirs, 33 Md. 18, 22. 67. Massey V. Dunlap, 146 Ind. 350, 358, 44 NE 641. " that was the only experience which would have been of any value in fixing the amount of credit. I cannot differentiate the case at bar from that case. The terms of the clauses in the two contracts are identical. An attempt to distinguish cannot be successful." Pringle v. Philadelphia Casualty Co., 153 App. Div. 180, 183, 138 NYS 330. 73. Haight v. Lenfesty, 239 Ill. 227, 233, 87 NE 962. 74. See High ante p 350 text and note 38. 75. Gilmore V. Houston Electric Co., 46 Tex. Civ. A. 315, 102 SW 168, 169 (an instruction that a carrier must exercise toward passengers such a degree of care as a highly prudent person would exercise under the same or similar circumstances did not require too high a degree of care). 76. See Criminal Law § 7 text and note 83. 80. See High ante p 350 text and note 43. 81. See High ante p 350 text and note 44. [b] "The mayor of a city is properly considered the highest official thereof; standing as he does at the 77. See High ante p 350 text and head of the executive department note 39. of the municipal government. and 78. See High ante p 350 text and that of councilman may be consid-notes 40-42. ered next in rank. It would follow, 79. See Schools and School Distherefore, that where the applica- tricts [35 Cyc 812]. tion is for a license to sell intoxicating liquors in a ward of an incorporated city, a majority of the legal voters of the ward must be determined by the aggregate vote cast by the electors thereof for the candidates for mayor at the last preceding city election, and in the event no mayor was elected at said election, then the majority must be determined, in like manner. by the vote cast in the ward for candidates for councilman." Massey v. Dunlap, 146 Ind. 350, 360, 44 NE 641. 68. Freiberg v. South Side El. R. Co., 221 Ill. 508, 77 NE 920, 922. 69. See Care 9 C. J. p 1290 text and notes 8-10. "The Governor is the highest executive officer of the State, and the judges of the Supreme Court are the highest judicial officers. The former standing at the head of one of the coördinate branches of the State government, and the latter at the head of another. Therefore, in a legal sense, it may be properly said, that the former and latter are of equa! official rank." Massey V. Dunlap, 146 Ind. 350, 358, 44 NE 641. [a] "The Governor has always been understood to be the highest officer chosen by the electors at a State election. Prior to our present election law, by a common custom and usage in the arrangement of the election ballots, the candidate for Governor of each political party was given the most prominence on the ticket, his name being placed at the head of the list of candidates for the several State offices. Under the existing law this prominence is recognized and directed to be followed in the arrangement of the plan of the official ballot. Acts of 1889. p. 170. The office of Secretary of State is considered as the most prominent administrative office, and its incumbent is chosen at each biennial election. The Secretary of State is required by law to attest all the official acts and proceedings of the Governor and affix the seal of the [a] Defined.-"That State to such attestation. R. S. 1881, meaning of 'highest legal rate' is the section 5591.. . . He may, therefore, highest rate allowed by law." Berry be considered, and is more closely v. Berry, (Mo. A.) 218 SW 691, 693. connected with the executive than 71. Lightner Min. Co. v. Lane, 161 any other of the State's adminis- Cal. 689, 704, 120 P 771, AnnCas1913C trative officers. In the event a Gov-1093. 70. Berry v. Berry, (Mo. A.) 218 SW 691. 693. natural 82. See High ante p 350 text and notes 45-51. 83. See Highways § 1. 84. See Highways § 288 et seq. 85. Highway crossing: By railroad: Generally see Railroads [33 Cyc 258]. Liability for accident at see Railroads [33 Cyc 920]. Rights in, or use of street or road by street railroad see Street Railroads [36 Cyc 1375]. 86. 3 Elliott Railroads § 1097 [quot Chicago, etc., R. Co. v. Redding. 124 Ark. 368, 372, 187 SW 651, AnnCas 1918D 1831. [a] "Where a railway company is required to construct good and sufficient crossings it is held that it is not necessary to construct a crossing the full width of the highway. This, perhaps, would be the rule |