HIRER, contracts. Called, in the civil law, conductor, and, in the French law conducteur, procureur, locataire, is he who takes a thing from another, to use it, and pays a compensation therefor. Wood's Inst. B. 3, c. 5, p.236; Pothier, Louage, n. 1; Domat, B. 1, tit. 4, 1, n. 2; Jones' Bailm. 70; see this Dict. Letter.
2. There is, on the part of the hirer, an implied obligation, not only to use the thing with due care and moderation but not to apply it to any other use than that for which it is hired; for example, if a horse is hired as a saddle, horse; the hirer has no right to use the horse in a cart, or to carry loads, or as a beast of burden. Pothier Louage, n. 189; Domat, B.1, tit. 4, 2, art. 2, 3; Jones' Bailm. 68, 88; 2 Saund. 47 g, and note; 1 Bell's Com. 454; 1 Cowen's R. 322; 1 Meigs, R. 459. If a carriage and horses are hired to go from Philadelphia to New York, the hirer has no right to go with them on a journey to Boston. Jones' Bailm. 68; 2 Ld. Raym.915. So, if they are hired for a week, he has no right to use them for a month, Jones' Bailm. 68; 2 Ld. Raym. 915; 5 Mass. 104. And if the thing be used for a different purpose from that which was intended by the parties, or in a different manner, or for a longer period, the hirer is not only responsible for all damages, but if a loss occur, although by inevitable1 casualty, he will be responsible therefor. 1 Rep. Const. C. So. Car. 121; Jones' Bailm. 68, 121; 2 Ld. Raym. 909, 917. In short, such a misuser2 is deemed a conversion3 of the property, for which the hirer is deemed responsible. Bac. Abr. Bailment4, C; Id. Trover, C, D, E; 2 Saund. 47 g; 2 Bulst. 306, 309.
3. The above rules apply to cases where the hirer has the possession as well as the use of the thing hired when the owner or his agents retain the possession, the hirer is not in general responsible for an injury done to it. For example, when the letter of a carriage and a pair of horses sent his driver with them and an injury occurred, the hirer was held not to be responsible. 9 Watts5, R. 556, 562; 5 Esp. R. 263; Poth. Louage n. 196; Jones, Bailm. 88; Story., Bailm. 403. But see 1 Bos. P. 404, 409; 5 Esp. N. P. c 35; 10 Am. Jur. 256.
4. Another implied obligation of the hirer is to restore the thing hired, when the bailment, is determined6. 4 T. R. 260; 3 Camp. 5, n.; 13 Johns. R.211.
5. The time, the place, and the mode of restitution7 of the thing hired, are governed by the circumstances of each case depend and depend upon rules of presumption8 of the intention of the parties, like those in other cases of bailment. Story on Bailm. 415
6. There is also an implied obligation on the part of the hirer, to pay the hire or recompense. Pothier, Louage, n. 134; Domat, B. 2, tit. 2, 2, n. 11 Code Civ; art. 1728. See, generally, Bouv. Inst. Index, h. t.; Employer; Letter.
HIS EXCELLENCY. A title given by the constitution of Massaebusetts to the governor of that commonwealth9. Const. part 2, c. 2, s. 1, art. 1. This title is customarily given to the governors of the other states, whether it be the official designation in their constitutions and laws or not.
HIS HONOR. A title given by the constitution of Massachusetts to the lieu- tenant10 governor of that commonwealth. Const. part 2, c. 2, s. 2, art.1. It, is also customarily given to some inferior magistrates11, as the mayor of a city.
HISTORY, evidence. The recital12 of facts written and given out for true.
2. Facts stated in histories may be read in evidence, on the ground of their notoriety. Skin. R. 14; 1 Ventr. R. 149. But these facts must be of a public nature, and the general usages and customs of the country. Bull. P.248; 7 Pet. R. 554; 1 Phil. Am. Ev. 606; 30 Howell's St. Tr. 492. Histories are not admissible in relation to matters not of a public nature, such as the custom of a particular town, a descent, the boundaries of a county, and the like. 1 Salk. 281; S. C. Skin. 623; T. Jones, 164; 6 C. P. 586, note. See 9 Ves. 347; 10 Ves. 354; 3 John. 385; 1 Binn. 399; and Notoriety.
HODGE-PODGE ACT. A name given to a legislative13 act which embraces many subjects. Such acts, besides being evident proofs of the ignorance of the makers14 of them, or of their want of good faith, are calculated to create a confusion which is highly prejudicial to the interests of justice. Instances of this wretched legislation are everywhere to be found. See Barring on the Stat. 449. Vide Title; Legislation.
HOERES FACTUS, civil law. An heir instituted by testament15; one made an heir by the testator. Vide Heir.
HOERES NATUS, civil law. An heir by intestacy; he on whom an estate descends16 by operation of law. Vide Heir.
HOGSHEAD. A measure of wine, oil, and the like, containing half a pipe; the fourth part of a tun, or sixty-three gallons.
TO HOLD. These words are now used in a deed to express by what tenure17 the grantee is to have the land. The clause which commences with these words is called the tenendum. Vide Habendum; Tenendum.
2. To hold, also means to decide, to adjudge, to decree; as, the court in that case held that the hushand was not liable for the contract of the wife, made without his express or implied authority.
3. It also signifies to bind18 under a contract, as the obligor is held and firmly bound. In the constitution of the United States, it is provided, that no person held to service or labor19 in one state under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on the claim of the party to whom such service or labor may be due. Art. 4, sec. 3, 3; 2 Serg. R. 306; 3 Id. 4; 5 Id. 52; 1 Wash. C. C. R. 500; 2 Pick. 11; 16 Pet. 539, 674.
HOLDER20. The holder of a bill of exchange is the person who is legally in the possession of it, either by endor百度竞价推广ent21 or delivery, or both, and entitled to receive payment either from the drawee or acceptor, and is considered as an assignee. 4 Dall. 53. And one who endorses22 a promissory note for collection, as an agent, will be considered the holder for the purpose of transmitting notices. 2 Hall, R. 112; 6 How. U. S. 248; 20 John.372. Vide Bill of Exchange.
