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PRONUNCIATIONS
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JAMES

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Professor of Law in t,he University

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of California

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1948 EDITION

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

COMPANY

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CQpyright , by THE LAWYERS CO-OPERATIVE

1930 PUBLISHING COMPANY

TO

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

CQpyright by THE LAWYERS CO-OPERATIVE

1948

PUBLISHING

COMPANY

RESPECTFULLY

DEDICATED.

HOUSE

[598]

HUEBRA

HUIS

[599]

HURT

place. See note to People v. Bond, 1 A.L.R. 1403. house of commons (kom'onz). The lower house of the English parliament. See clerk of, house of correction (ko-rek'shon). An institution for the reception and care of orphans, indigent, wayward, incorrigible or vicious youths, children whose parents are incapable or unworthy, and unfortunate or abandoned women, where they may be taught habits of industry, morality and religion, and be freed from the corrupting influence of improper' associates. 26 Am Jur 607. See bridewell; house of refuge; industrial 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 disorderly house; a bawdyhouse. To constitute the place a house of ill fame, it must be resorted to more than once for the purpose of prostitution and lewdness by others than the proprietor, though it need not be used habitually or for any considerable length of time for such purpose. It has been held that any number of illicit acts with the proprietor will not make the place a house of ill fame. 17 Am Jur 105. A covered wagon traveling from place to place, in which prostitution is carried on, may constitute a house of ill fame, within the meaning of the statute. See State v. Chauvet, 111 Iowa, 687, 51 L.R.A. 630, 83 N: W. Rep: 717.

used for entertainments of a secular character will not deprive it of Its character as a house of public worship.' See St. Paul's Church 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 house of religious worship merely because the Bible is read to the classes without note or comment thereon by the teachers. See Hackett v, Brooksville School District, 120 Ky. 608, 69 L.R.A. 592, 599, 87 S. W. Rep. 792.

house of refuge (ref'Q.j). A reform school for juvenile delinquents; not a prison or place of punishment, but a school where its inmates may be trained in industry, morality and religion, taught a means of hon-. est livelihood and separated from evil influences and corrupting associates. See 55 Am. Rep. 456, note. house of religio.us worship, See house of public worship, house of representatives {rep-re-zentativs). The lower house of the Congress of the United States. house of usual abode (hous of u'zhi;i-!!l a-bod'). A man's customary or settled place of residence. In the case of a mar" ried man it is prima facie the house wherein his wife and family reside. See Berryhill 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 employed in and about a harbor for lightering house of legislature (Iej'is-li;i-tiir). A house larger craft. of the legislature may mean either the hoyman (hol'man), A man in charge of a whole number of members elected to that hoy. house, or it may mean a majority of its members. The most common meaning of H. R. H. An abbreviation of his or her the word house, however, in this connec- royal highness. tion is a number of members sufficient to constitute a quorum to do business. See huckster (huk'ster) .. A petty dealer; a reState v. McBride, 4 Mo. 303, 29 Am. Dec. tailer of small articles of provisions, nuts, .and the like. Webster tells us that the 636, 639. word seems to be from hocken, to take on house of lords (of lords). The upper house the back, and to signify primarily a pedof the English parliament; the supreme lar, one that carries goods on his back. See court 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 or house of keys. See keys. trade carried on by a huckster. house of prostitution, See cribs; disorderly hue and cry (hir find crt) , "The old comho.use; fornix, men-law process of pursuing with horn and house of public worship (pub'lik wership}. with voice, all felons, and suc~, as have Within the meaning of a statute exemptdangerously 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 used and to such incidental exercises and funcin Spanish-American grants as signifying tions as are usually connected therewith. as much land as two oxen can plough up The fact that the building is frequently in a day. See Strother v. Lucas, 12 Peters Key to. pronunciation: a in fat; a in fate; ii in far; a in fall; it in ask; a in fare; i;i in prelate; !! in errant; ~ in Persia. e in met; e in meet; e in her; ij in ablegate; g in prudent. i in pin;. i in pine; j in charity. 0 in not; 0 in note; ij in move; 0 in 1101";

(U. S.) 410, 415, note, 9 L. ed. (U. S.) I habitants of a particular hundred, instead 1137, 1150, note. of a manor. The free suitors were the judges and the steward was the registrar. huis (wee). Same as huy. It was not a court of record although it huisher (wee'shay). Same as huissier. resembled one in all points, except that its Its huissier (wee'she-ay). (French.) A court jurisdiction was territorially larger. institution was probably coeval with that usher; a process server. of the hundreds themselves. See 3 Bl. hullus (hul'lus). A hilI. Comm.34. . humagium (hu-ma'jl-um) . A humid or hundredfeh. Same as hundred-penny. moist place. hundred gemote (hun'dred ge-mot). An ashuman being. See monster. sembly of the freeholders of a hundred. human body. See body. hundred lagh. The law of the hundred; liahumane (hu-man'). Lexicographers define, bility of members of a hundred to attend the hundred court. illustrate and explain the word as follows: Having the feelings and inclinations hundredors (hun'drgd-orz). Those members proper to man; having tenderness, com- of a hundred who were liable to jury servpassion, and having a disposition to treat ice. other human beings and the lower animals with kindness; kind; benevolent. (Cen- hundred-penny (hun'drgd-pen"i). A tax tury.) levied on a hundred and collected by the Having the feelings and inclinations sheriff or by the lord of the hundred. creditable to man; 'having, showing, or eviA petit or trial dencing a disposition to treat other human hung jury (hung' jo"ri). beings or animals with kindness or com- jury the members of which have failed to agree upon a verdict. passion; kind; benevolent. (Webster's New International.) hunting. See closed season. Humane differs from the ordinary use of A li"merciful," in that it expresses active en- hunting license (hun'ting !i'sens). deavors to find and relieve suffering, and cense required in most, if not all of the states, under statutes which usually preespecially to prevent it, while "merciful" expresses the disposition to spare one the scribe the fee to be paid therefor and suffering which might be inflicted. (Cen- make the procuring of such a license a prerequisite to hunting wild game in the tury.) See Willett v. Willett, 197 Ky. 663, 31 state. See 24 Am Jur 389. A.L.R. 426, 428, 247 S. W. Rep. 739. hurdle (her'dl). A sledge on which a perSee merciful. son convicted of high treason was dragged human laws (Ias}. Laws which have man or drawn to the gallows. See 4 Bl. Comm, for their author, as distinguished from di- 92. vine laws, which have God for their author. hurricane (hur't-kan) , The words "hurSee Borden v. State, 11 Ark, 519, 54 Am. ricane" and "tornado" are synonymous Dec. 217, 220. and mean a violent storm, distinguished humbug (hum'bug). An impostor; a de- by the vehemence of the wind and its sudceiver; a cheat. The charge of being a den changes. It is not ..to be ,confused humbug has been held actionable, whethwith the word "cyclone," which imports a er oral or written, particularly when ac- widely extended, rotatory storm. See companied by expressions clearly implying Queen Insurance Co. v. Hudnut Co., 8 Ind. App. 22, 26, 35 N. E. Rep. 397. a charge of fraud. See 33 Am Jur 71. Distinguished from "cyclone." See cyhunc modum. See in hunc modurn. clone. hundred (bun'dred), A superior division A grove; a wooded place. made up of ten towns or tithings, which, in hurst (herst), turn, were each composed of ten families hurt (hert). Construing an allegation that of freeholders. In some of the more norththe plaintiff was hurt, bruised and woundern counties these hundreds were called ed, the court held that the word "hurt" "wapentakes." See 1 BI. Comm. 115. was so general that it gave no information. See bailiffs of hundreds; century; Chil- See Montgomery v. Lansing City Electric tern hundreds; wapentakes. Railway Co. 103 Mich. 46, 29 L.R.A. 287, hundredarius (hun-dre-da'r i-us ), Same 9.S 292, 61 N. W. Rep. 543. As used hi an application for life insurance, the words hundredary. "hurt" and "wound" mean an injury to the hundredary (hun'dred-ari). The chief offi- body causing an impairment of health or cer of a hundred. strength, or rendering the person more liable to contract disease or less able to rehundred court (hurr'dred kart). A larger court-baron which was held for all the m" sist its effects. See Bancroft v. Home

MONITION

[830]

MONTH

monition (mo-nish'on). A process in ad- Monroe Doctrine (mun'ro d.ok'trin). A miralty practice in the nature of a sum- principle now firmly established m the mons to appear and answer in a suit in government of the United States assertmg personam. See 1 Am Jur 592' 48 Am Jur its right to resist any European interfer411. . , ence with the affairs of the governments See summons. of the American republics.' The doctrine _ ,_. took its name from President Monroe, but m0!l0crac~ (mo-nok rl).-sI). A government he was not the originator of it. WIth a smgle ruler. .'. . ,_ monster (mon'ster}. A human-being by monocrat (mon Q-krat). The ruler of a birth, but in some part resembling a lower monocracy. animal. "A monster . . . hath no inSee ~onocracy. heritable blood, and cannot be heir to arty monogamy (mo-nog''a-mi). The state or land, albeit it be.brought forth iI?- arrlage; m condition of a person who has but one but, although It. hath deformity I~ any spouse at a time. ' part of its body, yet if .it hath human monomachy (mo-nom'a-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 intrusion the !l'md. amo,untmg t? insanity on some which was a method of redress at common particular subject, leavmg the. mind apparlaw for a trespass committed on the lands eptl:y sa~e. on .all other .subJects. A be- of the, commonwealth, if the crown took Iief m spir itualism sometimes assu:nes the possession under an inquest of'.office found, proportions of monomarua and IS then it was required that the inquisition should treated as such. See 28 Am Jur ?58. be returned to a court of record.vwhere it Se.e kleptomania ; mad pomt, mono- might be contested by traverse, or "rnonmamac; 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. By who is insane on some particular subject, the traverse, the traverser denied the facts and is apparently same upon ail others. found by the inquisition; by the "mon28 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 facts Monopoha dicitur, cu!" unus SQI!!s ahq!lod not disclosed by the office. See Commongenus 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 u'nus 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). A urn ad su'um 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), See chandise, fixing the prrce to hIS own 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 were monQP!,ly (mo-nop'o-li) .. 1'.'- ItS broadest probably 'so called because they were, as meaning, the word sig nifies the sole they still are in many cases operated to power 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 common son or persons of the sole buying, selling, parlance, the generally 'accepted meaning making, 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 made strained from the freedom of manufacturto appear. See 52 Am Jur 336, ing or trading which he had before. The In bills and notes," when the word modern meaning of the word is combina"month" is used and there is nothing to tion, organization, or entity so extensive, indicate a different meanirig.. it is conexclusive and unified that its tendency is strued as a calendar ,month. And in comto prevent competition in its comprehenputing a calendar month, the days are not sive sense with the consequent power to counted, but reference is made to the control prices to the public harm. 36 Am calendar. For example, a note dated NoJur 479. vember 11th, and payable "six' months See corner ; engross; engrossing; foreafter date," matures on the 11th day of stallcr ;: forestalling the market; patent; May following. 8 Am Jur 29. rebate; regrating; running a corner; SherAs used in 'Ieases, the word is construed man Antitrust Act; state antitrust laws; to mean the calendar month, 'and not the trust; 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; ~ in prelate; !'! in errant; if!in Persu~. e in met; e in meet; e in her; i:; in ablegate; !l in prudent. i in pin; "Yin pine; j In charity. 0 in not; 0 in noterB in move; 0 iri nor;

[831] MORAL The word as used in statutes limiting mora (mo'r!'!). A delay; a pause; a hinthe time for appeal to a certain number drance. ", of months; calendar months and not lunar See ex mora; in mora. months are usually intended. Se~ 3 Am m'Qra debitoris. See ex mora debitoris. Jur 144. See business month; calendar month; moral vcertatnty - (mor'al ser'tan-ti), ,The fence-month; intercalary' month; lunar phrase is one the use of which is not likely month; sidereal month; solar month; ten- to assist a jury in charging upon the ant from month to month; tropical month. question of. reasonable doubt. It is an monticolis Walliae. See de monticolis Wal- artificial form of words having no precise and definite meaning. As explained in the liae. Century Dictionary, it signifies "a probmonument (mon'u-ment), Thei~,word in ability, sufficiently strong to justify action common usage, when it relates' to a upon it."> In Webster's International Dicmemorial .for the .dead, means a shaft, tionary the fi:.;st"definition given is: "A column, or some structure more imposing very high degree of probability, although than a mere gravestone. The word does not demonstrable as a certainty.", It has not, however, include a memorial building. also been Used as indicating a conclusion See Fancher V. Fancher, 156 CaL 13, 23 of the mind established beyond a reasonL.R.A.(N.S.) 944, 945, 103 Pac. Rep. 206. able doubt. 'See, State v, Gallivan, 75 See monuments;' mural monuments; Conn. 326, 96 Am. St. Rep. 203, 53 Atl. suitable monument.' , Rep. ' 731. "" , See proof to a moral certainty. Monumenta quae"Ji6s reeorda voeamus sunt veritatis' et vetustati,l1 vestigia (me-nu- moral character, See bad moral character; men'ta kwe nos re-kor'da vo-ka'mus sunt good moral character. ve-ri-ta'tis et ve-tus-ta'tis ves-ti'[i-a), Those monuments which. we call records moral compulsion. See compulsion, are the marks of truth and antiquity. moral MnsideratlQn (kon-sld-~-ra'shon). A monuments (rnon'u-ments). Artificial ob- consideration' whicli is ',gqod 'only 'In conscience. The idea that in every case 'where jects or marks,' such as marked lines, moral 'obligation to' do stakes, roads, or fences, marked or placed a person )S under on the ground by the hand of man to fix an act, as to' relieve rone . in distress' by personal exertions, 'or to spend money, a or" establish a boundary. See 8 Am J ur promise to that effect would bibd him in 783, law, is not supported by principle or precmoonshine (mon'shfn). Whiskey which cedent. It is a just rule of morality, sanehas 'been illicitly distilled .or produced; tioned by the highest authority that a whiskey unlaw:('ully and illegally manufacman" should do towards .others what he tured. See State v: Charette, - Mont. -, might reasonably expect from them under 242 Pac, ReP. 343. like circumstances. ,.But a' promise to fulfil See hootch. the, moral obligation created by this rule , .. ( .. '-') A d b I would not be enforcedi in any'court of moorage mor N.: sum u.e, y ~w or justice Municipal ilaws will not decide usage for moormg, or fastemng ships to what honor and gratitude ouzht t .: d trees 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 of doe,~not ,rest ,~p~mexisting fact~ or rights. a landlord rendering the premises unfit A test case IS not ne~essar!ly a moot for the .0c~iIpation of the tenant, without c~se, and where a ~as.e IS one of fact. or actually taking possession of any part of rIgt, there IS ~o principle of ,law or Po~lCY the land, as by introducing women of ill which will deprive apar'ty of a .dete~mma- fame into' other parts of the house. See bon, simply because 1.IS motive In the Ca pbell v. Shields 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 not cases of trespass, to' try .title are of this only of that kind which is employed on sort. See Adams V. Union Railroad Com- subjects connected with moral 'conduct, but pany, 21 R. 1. 134, 44 L.R.A. 273, 42Atl. all the evidence which is not obtained Rep. 515. either 'from intuition, or from demonstra.. . fion." In ,the ordinary affairs of life, we do moot CQUrt (mot kort), A, pr8:c~~ceco?rt not require demonstrative evidence, bewhere law.students conduct fiCtItIOUS .SUItS. cause it is not consistent with the nature See bolting. . ., ,. ofthesubjqct, and to insist upon it would moot question (kwes'chon). A mooted or be nnreasonable and a,bsurd. See Greenundecided point of law. ..leaf on EVIdence, section 1.

MONTICOLIS

in

Q in abrogate; 'Q i;'valor. u in tub; ii in niute; ,1' in pull; i).in singular; n in nature. One dot 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: