A Human Being is a Monster

8/2/2019 A Human Being is a Monster

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LAW D IG TION 1\R YWiTH

PRONUNC I A TIO N S\;

\ J iYJAMES s : BALLENTINE,,,Professor of Law in t,he University of California

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W J1948 EDITION

THE LAWYERS CO-OPERATIVE PUBLiSHING COMPANYROCHESTER. N. Y.

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B a l l e n t iie:71~::; t.bur,

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CQpyright 1930, by

THE LAWYERS CO-OPERATIVE PUBLISHING COMPANY

CQpyright 1948by

THE LAWYERS CO-OPERATIVE PUBLISHING COMPANY

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, - ,

TOROSCOE POUND

Dean of the Harvard Law School,THIS WORK, WITH HIS PERMISSION, IS

RESPECTFULLY DEDICATED.


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HOUSE [598] HUEBRAplace. See note to People v. Bond, 1 A.L.R.1403.

used for entertainments of a secular char-acter will not deprive it of Its character asa house of public worship.' See St. Paul'sChurch v. City of Concord, 75 N. H. 420,27 L.R.A.(N.S.) 910, 912, 75 Atl. Rep. 53!.A schoolhouse does not become a houseof religious worship merely because theBible is read to the classes without note orcomment thereon by the teachers. SeeHackett v, Brooksville School District, 120Ky. 608, 69 L.R.A. 592, 599, 87 S. W. Rep.792.

house of commons (kom'onz). The lowerhouse of the English parliament.See clerk of,house of correction (ko-rek'shon). An in-stitution for the reception and care oforphans, indigent, wayward, incorrigible orvicious youths, children whose parents areincapable or unworthy, and unfortunate orabandoned women, where they may betaught habits of industry, morality andreligion, and be freed from the corruptinginfluence of improper' associates. 26 AmJur 607.See bridewell; house of refuge; indus-trial school; reformatory; reform school.

house of entertainment (of en-ter-tan'mgnt).A tavern; an inn. See Bonner v. Welborn,7 Ga. 296, 304.house of ill fame (of il fam). A disorderlyhouse; a bawdyhouse. To constitute theplace a house of ill fame, it must be re-sorted to more than once for the purposeof prostitution and lewdness by others thanthe proprietor, though it need not be usedhabitually or for any considerable lengthof time for such purpose. It has been heldthat any number of illicit acts with theproprietor will not make the place a houseof ill fame. 17 Am Jur 105.A covered wagon traveling from place toplace, in which prostitution is carried on,may constitute a house of ill fame, withinthe meaning of the statute. See State v.Chauvet, 111 Iowa, 687, 51 L.R.A. 630, 83N: W. Rep: 717.

house of refuge (ref'Q.j). A reform schoolfor juvenile delinquents; not a prison orplace of punishment, but a school where itsinmates may be trained in industry, mor-ality and religion, taught a means of hon-.est livelihood and separated from evil in-fluences and corrupting associates. See55 Am. Rep. 456, note.house of religio.us worship, See house ofpublic worship,house of representatives {rep-re-zenta-tivs). The lower house of the Congressof the United States.house of usual abode (hous of uzhi;i-!!la-bod'). A man's customary or settledplace of residence. In the case of a mar"ried man it is prima facie the house where-in his wife and family reside. See Berry-hill v. Sepp, 106 Minn. 458, 21 L.R.A.(N.S.)344, 346, 119 N. W. Rep. 404.

hovel (hov'el). A hut; a shed.how (how). A hill.ho.y (hoi). A small sailboat usually em-ployed in and about a harbor for lighteringlarger craft.hoyman (hol'man), A man in charge of ahoy.H. R. H. An abbreviation of his or herroyal highness.huckster (huk'ster) .. A petty dealer; a re-tailer of small articles of provisions, nuts,.and the like. Webster tells us that theword seems to be from hocken, to take onhouse of lords (of lords). The upper house the back, and to signify primarily a ped-of the English parliament; the supreme lar, one that carries goods on his back. Seecourt of England which is composed" of Mays v. Cincinnati, 1 Ohio St. 268, 272.those members of the house of lords who See peddler.

have performed judicial functions. huckstering (huk'ster-ing). The business orhouse of keys. See keys. trade carried on by a huckster.house of prostitution, See cribs; disorderly hue and cry (hir find crt) , "The old com-ho.use; fornix, men-law process of pursuing with horn andhouse of public worship (publik wership}. with voice, all felons, and suc~, as haveWithin the meaning of a statute exempt- dangerously wounded another. 4 Bl.ing such houses from taxation, a house of Comm. 293. . .' .public worship is any building which is See Statute of Hue and Cry, vocifer atio.primarily devoted to the worship of God huebra (oo-ay'biah). A land measure usedand to such incidental exercises and func- in Spanish-American grants as signifyingtions as are usually connected therewith. as much land as two oxen can plough upThe fact that the building is frequently in a day. See Strother v. Lucas, 12Peters

Key to. pronunciation: a in fat; a in fate; ii in far; a in fall; it in ask; a in fare; i;iinprelate; !! in errant; ~ in Persia. e in met; e in meet; e in her; ij in ablegate; g inprudent. iin pin;. i in pine; j in charity. 0 in not; 0 in note; ij in move; 0 in 1101";

house of legislature (Iej'is-li;i-tiir). A houseof the legislature may mean either thewhole number of members elected to thathouse, or it may mean a majority of itsmembers. The most common meaning ofthe word house, however, in this connec-tion is a number of members sufficientto constitute a quorum to do business. SeeState v. McBride, 4 Mo. 303, 29 Am. Dec.636, 639.

[599] HURTnote, 9 L. ed. (U. S.) I habitants of a particular hundred, insteadof a manor. The free suitors were thejudges and the steward was the registrar.It was not a court of record although itresembled one in all points, except that itsjurisdiction was territorially larger. Itsinstitution was probably coeval with thatof the hundreds themselves. See 3 Bl.Comm.34. .

hundredfeh. Same as hundred-penny.hundred gemote (hun'dred ge-mot). An as-sembly of the freeholders of a hundred.hundred lagh. The law of the hundred; lia-bility of members of a hundred to attendthe hundred court.hundredors (hun'drgd-orz). Those membersof a hundred who were liable to jury serv-ice.

HUIS(U. S.) 410, 415,1137, 1150, note.

huis (wee). Same as huy.huisher (wee'shay). Same as huissier.huissier (wee'she-ay). (French.) A courtusher; a process server.hullus (hul'lus). A hilI.humagium (hu-ma'jl-um) . A humid ormoist place.human being. See monster.human body. See body.humane (hu-man'). Lexicographers define,illustrate and explain the word as follows:Having the feelings and inclinationsproper to man; having tenderness, com-passion, and having a disposition to treatother human beings and the lower animalswith kindness; kind; benevolent. (Cen-tury.)Having the feelings and inclinationscreditable to man; 'having, showing, or evi-dencing a disposition to treat other humanbeings or animals with kindness or com-passion; kind; benevolent. (Webster'sNew International.)Humane differs from the ordinary use of"merciful," in that it expresses active en-deavors to find and relieve suffering, andespecially to prevent it, while "merciful"expresses the disposition to spare one thesuffering which might be inflicted. (Cen-tury.)See Willett v. Willett, 197 Ky. 663, 31A.L.R. 426, 428, 247S .W. Rep. 739.See merciful.human laws (Ias}. Laws which have manfor their author, as distinguished from di-vine laws, which have God for their author.See Borden v. State, 11 Ark, 519, 54 Am.Dec. 217, 220.humbug (hum'bug). An impostor; a de-ceiver; a cheat. The charge of being ahumbug has been held actionable, wheth-er oral or written, particularly when ac-companied by expressions clearly implyinga charge of fraud. See 33 Am Jur 71.hunc modum. See in hunc modurn.hundred (bun'dred), A superior divisionmade up of ten towns or tithings, which, inturn, were each composed of ten familiesof freeholders. In some of the more north-ern counties these hundreds were called"wapentakes." See 1 BI. Comm. 115.See bailiffs of hundreds; century; Chil-tern hundreds; wapentakes.hundredarius (hun-dre-da'r i-us), Same 9.Shundredary.hundredary (hun'dred-ari). The chief offi-cer of a hundred.hundred court (hurr'dred kart). A largercourt-baron which was held for all the m"

hundred-penny (hun'drgd-pen"i). A taxlevied on a hundred and collected by thesheriff or by the lord of the hundred.hung jury (hung' jo"ri). A petit or trialjury the members of which have failed toagree upon a verdict.hunting. See closed season.hunting license (hun'ting !i'sens). A li-cense required in most, if not all of thestates, under statutes which usually pre-scribe the fee to be paid therefor andmake the procuring of such a license aprerequisite to hunting wild game in thestate. See 24 Am Jur 389.

hurdle (her'dl). A sledge on which a per-son convicted of high treason was draggedor drawn to the gallows. See 4 Bl. Comm,92.hurricane (hur't-kan) , The words "hur-ricane" and "tornado" are synonymousand mean a violent storm, distinguishedby the vehemence of the wind and its sud-den changes. It is not ..to be ,confusedwith the word "cyclone," which imports awidely extended, rotatory storm. SeeQueen Insurance Co. v. Hudnut Co., 8 Ind.App. 22, 26, 35 N. E. Rep. 397.Distinguished from "cyclone." See cy-clone.

hurst (herst), A grove; a wooded place.hurt (hert). Construing an allegation thatthe plaintiff was hurt, bruised and wound-ed, the court held that the word "hurt"was so general that it gave no information.See Montgomery v. Lansing City ElectricRailway Co. 103 Mich. 46, 29 L.R.A. 287,292,61 N. W. Rep. 543. As used hi an ap-plication for life insurance, the words"hurt" and "wound" mean an injury to thebody causing an impairment of health orstrength, or rendering the person more lia-ble to contract disease or less able to re-sist its effects. See Bancroft v. Home


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MONITION [830] MONTHmonition (mo-nish'on). A process in ad- Monroe Doctrine (mun'ro d.ok'trin). Amiralty practice in the nature of a sum- principle now firmly established m themons to appear and answer in a suit in government of the United States assertmgpersonam. See 1 Am Jur 592' 48 Am Jur its right to resist any European interfer-411. . , ence with the affairs o f the governmentsSee summons. of the American republics.' The doctrine_ ,_. took its name from President Monroe, butm0!l0crac~ (mo-nok rl).-sI). A government he was not the originator of it.WIth a smgle ruler. .'. .,_ monster (mon'ster}. A human-being bymonocrat (mon Q-krat). The ruler of a birth, but in some part resembling a lowermonocracy. animal. "A monster . . . hath no in-

See ~onocracy. heritable blood, and cannot be heir to artymonogamy (mo-nog' 'a-mi). The state or land, albeit it be.brought forth iI?-marrlage;condition of a person who has but one but, although It. hath deformity I~ anyspouse at a time. ' part of its body, yet if .it hath humanmonomachy (mo-noma-ki) , Single com- shape, it may be heir." 2 Bl. Comm, 246.bat a combat between' two persons; a duel. monstrans de droit .(mon'stranz duh drwo),, . ' _ _"" . f A showing or setting forth of the 'right.monom~ma (mon-o-ma ni-a). ~ disease 0 Under an information for an intrusionthe !l'md. amo,untmg t? insanity on some which was a method of redress at commonparticular subject, leavmg the.mind appar- law for a trespass committed on the landseptl:y sa~e. on .all other .subJects. A be- of the, commonwealth, if the crown tookIief m spiritualism sometimes assu:nes the possession under an inquest of'.officefound,proportions of monomarua and IS then it was required that the inquisition shouldtreated as such. See 28Am Jur ?58. be returned to a court of record.vwhere itSe.e kleptomania ; mad pomt, mono- might be contested by traverse, or "rnon-mamac; paranoia. strans de droit," or by a petition of right,monomaniac (mon-d-ma/rri-ak). A person according to the nature of .the case. Bywho is insane on some particular subject, the traverse, the traverser denied the factsand is apparently same upon ail others. found by the inquisition; by the "mon-28 Am Jur 658. strans," he relied on those facts them-, See monomania. selves, as showing. his own title; and by. .. . the petition of right, he disclosed new factsMonopoha dicitur, cu!" unus SQI!!sahq!lod not disclosed by the office. See Common-genus merc~t!lrae umversum emrt, pre~!,I!m wealth v. Hite 6 Leigh (Va.) 588 29 Am.ad suum Iibitum statuens (mo-no-po li-a Dec 226' ,di'si-ter, kum unus so' lus a'Ii-quod je'nus ,. '. . .'mer-ka-tfire ii-ni-ver'sum e'mit, pre'she- monstrans de faits (mon'stranz duh fa). Aurn ad suum Ii'bi-tum sta'tu-enz). A showing of deeds; a profit of deeds.monopoly is said to exist when one person . See profect,

alone .buys te whole ,?f some.sort of mer- monstraverunt (mon-stra-ve'runt), Seechandise, fixing the prrce to hISown fancy. writ of monstraverunt.monopolium (mo-no-po'Ii-um ), Same as,. 'monopoly montes pietatis (mon'tez pi-e-ta/tis ), Rocks. . of benefaction,-pawn-sho,ps. They weremonQP!,ly (mo-nop'o-li) .. 1 ' . ' - ItS broadest probably 'so called because they were, asmeaning, the word sig nifies the sole they still are in many cases operated topower of dealing in an article, or doing a aid the poor. ' ,specified thing, either generally or in a .particular place, Originally, it meant an .month (munth). In the courts, in business,allowance by the king to a particular per" in ecclesiastical matters, and in commonson or persons of the sole buying, selling, parlance, the generally 'accepted meaningmaking, working, or using of anything, of the word is that of the calendar month,whereby the subject in general is 're- unless a different meaning- is clearly madestrained from the freedom of manufactur- to appear. See 52 Am Jur 336,ing or trading which he had before. The In bills and notes," when the wordmodern meaning of the word is combina- "month" is used and there is nothing totion, organization, or entity so extensive, indicate a different meanirig.. it is con-exclusive and unified that its tendency is strued as a calendar ,month. And in com-to prevent competition in its comprehen- puting a calendar month, the days are notsive sense with the consequent power to counted, but reference is made to thecontrol prices to the public harm. 36 Am calendar. For example, a note dated No-Jur 479. vember 11th, and payable "six' monthsSee corner ; engross; engrossing; fore- after date," matures on the 11th day ofstallcr ;: forestalling the market; patent; May following. 8 Am Jur 29.rebate; regrating; running a corner; Sher- As used in 'Ieases, the word is construedman Antitrust Act; state antitrust laws; to mean the calendar month, 'and not thetrust; unlawful combination. lunar month. 32 Am Jur 141.'Key to pronunciation : a in fat; a in fate; ii in far; it in fall; a in ask; a in fare; ~ inprelate; !' ! in errant; if! in Persu~. e in met; e in meet; e in her; i:; in ablegate; !l inprudent. iin pin; "Yn pine; j In charity. 0 in not; 0 in noterB in move; 0 iri nor;

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MONTICOLIS [831] MORALThe word as used in statutes limitingthe time for appeal to a certain numberof months; calendar months and not lunarmonths are usually intended. Se~ 3 AmJur 144.See business month; calendar month;fence-month; intercalary' month; lunarmonth; sidereal month; solar month; ten-ant from month to month; tropical month.

monticolis Walliae. See de monticolis Wal-liae.

mora (mo'r!'!). A delay; a pause; a hin-drance. ",See ex mora; in mora.m'Qradebitoris. See ex mora debitoris.moral vcertatnty - (mor'al ser'tan-ti), ,Thephrase is onethe use of which is not likelyto assist a jury in charging upon thequestion of. reasonable doubt. It is anartificial form of words having no preciseand definite meaning. As explained in theCentury Dictionary, it signifies "a prob-ability, sufficiently strong to justify actionupon it."> In Webster's International Dic-tionary the fi:.;st"definition given is: "Avery high degree of probability, althoughnot demonstrable as a certainty.", It hasalso been Usedas indicating a conclusionof the mind established beyond a reason-able doubt. 'See, State v, Gallivan, 75Conn. 326, 96 Am. St. Rep. 203, 53 Atl.Rep. '731. "" ,See proof to a moral certainty.

moral character, See bad moral character;good moral character.moral compulsion. See compulsion,moral MnsideratlQn (kon-sld-~-ra'shon). Aconsideration' whicli is ',gqod 'only 'In con-science. The idea that in every case 'wherea person )Sunder a moral 'obligation to' doan act, as to' relieve ron e . in distress' bypersonal exertions, 'or to spend money, apromise to that effect would bibd him inlaw, is not supported by principle or prec-moonshine (mon'shfn). Whiskey which cedent. It is a just rule of morality, sane-has 'been illicitly distilled .or produced; tioned by the highest authority that awhiskey unlaw:('ullyand illegally manufac- man" should do towards .others what hetured. See State v: Charette, - Mont. -, might reasonably expect from them under242 Pac, ReP. 343. like circumstances. ,.But a promise to fulfilSee hootch. the, moral obligation created by this rule, .. ( .. '-') A d b I would not be enforcedi in any'court ofmoorage mor N.: sum u.e, y ~w or justice Municipal ilaws will not decideusage for moormg, or fastemng ships to what honor and gratitude ouzht t .: dtrees or posts at the shore, or to a wharf. I ", b. I f h f""'f 0 I~ uce.See The Wharf Case, 3 Bland (Md.) 361, t must e e t to t e orum 0 conscience.373 See Cook v. Bradley, 7 Conn. 57, 18 Am,. Dec. 79. .moot case (mot )fas). A case which seeks See moral obligation,

to determine an abs~ra~t question, which ml)ral"eviction (e-vik'shon), The conduct ofdoe,~not ,rest ,~p~mexisting fact~ or rights. a landlord i n rendering the premises unfitA test case IS not ne~essar!ly a moot for the .0c~iIpation of the tenant, withoutc~se, and where a ~as.eIS one of fact. or actually taking possession of any part ofrIgt, there IS~o principle of,law or Po~lCY the land, as by introducing women of illwhich will deprive apar'ty of a .dete~mma- fame into' other parts of the house. Seebon, simply because 1.IS motive In the Ca pbell v. Shields n Howard Pro (N Y)assertion of such a right IS to secure 365 ' . .such a determination. It is a matter of ., 'common practice. Indeed, most of the moral evidence (ev'i-dens}, Evidence notcases of trespass, to' try .title are of this only of that kind which is employed onsort. See Adams V.Union Railroad Com- subjects connected with moral 'conduct, butpany, 21 R. 1. 134, 44 L.R.A. 273, 42Atl. all the evidence which is not obtainedRep. 515. either 'from intuition, or from demonstra-.. - . fion." In ,the ordinary affairs of life, we domoot CQUrt(mot kort), A, pr8:c~~ceco?rt not require demonstrative evidence, be-where law.students conduct fiCtItIOUSSUItS. cause it is not consistent with the nature

See bolting. . ., ,. ofthesubjqct, and to insist upon it wouldmoot question (kwes'chon). A mooted or be nnreasonable and a,bsurd. See Green-undecided point of law. ..leaf on EVIdence, section 1.

monument (mon'u-ment), Thei~,word incommon usage, when it relates' to amemorial .for the .dead, means a shaft,column, or some structure more imposingthan a mere gravestone. The word doesnot, however, include a memorial building.See Fancher V. Fancher, 156 CaL 13, 23L.R.A.(N.S.) 944, 945, 103Pac. Rep. 206.See monuments;' mural monuments;suitable monument.' ,Monumenta quae"Ji6s reeorda voeamus suntveritatis' et vetustati,l1 vestigia (me-nu-men'ta kwe nos re-kor'da vo-ka'mus suntve-ri-ta'tis et ve-tus-ta'tis ves-ti'[i-a),Those monuments which. we call recordsare the marks of truth and antiquity.monuments (rnon'u-ments). Artificial ob-jects or marks,' such as marked lines,stakes, roads, or fences, marked or placedon the ground by the hand of man to fixor" establish a boundary. See 8 Am Jur783,

Q in abrogate; 'Q i; 'valor. u intub; ii in niute; ,1 ' in pull; i).in singular; n in nature. Onedot below vowel in unaccented syllable means a shortening of the sound, as in prelate;two dots mean that the syllable is to have the short u-sound of but, pun, as in eri'!!nt:

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A Human Being is a Monster