.119 



HEIR. 



HEIR-LOOMS. 



660 



Then 2 itself is a near approximation to the number of yards in the 

 difference of level between the two stations ; but if a more exact one 

 be required, it may be found by calculating (using z itself as just 

 found) 



z = c (log. K- log. i + 2 log. (l + ^)j (l + ;) 



When the lower station is at a great distance from the higher 

 on the earth's surface, then five-eighths of - should be used instead 



of -in the last formula. 



The second formula, by M. Lindenau, is as follows, the letters 

 meaning the same things as before; but the degrees are those of 

 Reaumur's thermometer, and the distances are expressed in toises. 

 The toise is 2'1315308 English yards, and a reading of Re'aumur is 

 reduced to one of Fahrenheit by the following formula : 



Letc= 



9 



Fahr. = 32 j Rdaum. 



1^ _ < ( -^ : 1 

 400 160000/ 



T 10\ 



=A (l- 

 .'=*' (l- 



4329-e 

 T'-10\ 

 4329-6.) 



Then the number of toises in the difference of elevation of the 

 stations is 



c (log- H log. H'). 



The formula which has been generally used is of the form 



= a\l+ -j-J (log. h - log. h') ; 



and the following are the constants a and 6 used by the observers 

 whose names are mentioned, all reduced by M. Lindenau to those values 

 which they should have when the thermometer is Reaumur's and the 

 result in toises : 



Ramond 



Trembley 



Roy 



Schuckburgh a 



Deluc 



a = 9437 

 a = 9401 

 a = 9388 

 9400 

 a = 9220 



b = 400 

 6 = 361 

 6 = 362-2 

 ft = 366-6 

 6 = 396-4 



The preceding are the most exact formulae for computing the heights 

 required. The late Proi Leslie has, however, given the following rule, 

 as the simplest approximation for all practical purposes : " As the 

 sum of the heights of the mercurial columns is to then- difference, 

 so is 52,000 to the approximate height in English feet." Lastly, the 

 most complete accounts of this subject will be found in Schumacher's 

 ' Astronomische Nachrichten,' band xv. ; by Bessel, and in Biot's 

 ' Astronomic Physique,' torn. iii. Prof. Littrow has given in the firsl 

 volume of the ' Astronomical Society's Transactions,' a very beautiful 

 method, which dispenses with the use of logarithms. 



HEIR, by the law of England, is he who succeeds by right of blooc 

 to the real property or lands, tenements, and hereditaments of the 

 deceased owner, designated by the correlative term of ancestor, nol 

 given away from him by will. The English law which determines 

 the succession to personal property, when uncontrolled by local custom 

 is contained in the statutes of distributions (22 & 23 Chas. II., c. 10 : 

 29 Chas. II., c. 3 ; and 1 Jac. II., c. 17), which are founded upon the 

 provisions of the civil law. The persons o entitled are not callec 

 heirs, but next of kin. 



The several rules of descent which regulate the right to succeed to 

 real property spring from the system of feudal tenures, but have been 

 somewhat modified by the statute of 3 & 4 Wm. IV., c. 106. [DESCENT 

 ESTAIL; ESTATE; FEUDAL SYSTEM.] 



Heir-at-law, or heir-general, is he who succeeds according to the 

 rules explained in the article DESCENT, where there is no will of his 

 ancestor and no instrument which determines a special course of de 

 scent. Heir-special is he who succeeds in the order pointed out bi 

 some instrument which determines such special course of descent 



I [ENTAIL.] Heir-apparent is he whose right of inheritance is inde 

 feasible, provided he outlives his ancestor ; as the eldest son. Heir 

 presumptive is he who, if his ancestor should die immediately, woulc 

 in the present circumstances be his heir, but whose right of inheritance 

 may be defeated by the birth of some nearer heir; the brother o 

 nephew of a man who has no children is heir-presumptive. Heir b; 

 custom is he whose right as heir is determined by certain customar 

 modes of descent, which are attached to the land. [DESCENT ; COPY 

 HOLD; GAVELKIND.] 

 The expression " heirs by devise " has also been sometimes use<3 

 though such are not strictly heirs according to the English law ; bu 



ave been so called inaccurately after the herei fact us of the Roman 

 aw. 



The rules of the civil law upon the subject long prevailed in Scot- 

 and, both in principle and practice. But various alterations have 

 jeen made in the Scotch law of inheritance, and now the different 

 .escriptions of heirs are far more numerous than in either the English 

 r the Roman law. Heira-at-law are called heirs whatsomever. Heirs- 

 n-tail, heirs of teilsie, and heirs of provision differ little in their nature. 



re are also heirs active, heirs by conquest, heirs of line, heirs 

 assive, heirs male, and heirs portioners, the particular distinctions 

 >etween each of whom it is not necessary here to describe. (See Bell's 

 Commentaries and Principles,' and Lord Raines's ' Law Tracts.') 



The French law of descent has followed the Roman law, and the 

 ibligations and privileges of the heir are essentially the same as there 

 Described. 



In America the English law of descents has been in most instances 

 rejected, and each state seems to have established rules for itself. 

 There is no entire information upon this subject ; indeed chief-justice 

 leeve in the preface to his ' Treatise on the Law of Descent in 

 America," has this strong passage, that the nation " may be said to 

 xave no general law of descents, which probably has not fallen to the 

 ot of any other civilised country." (Kent's ' Commentaries,' lect. 65.) 

 The term heres in the Roman law has a very different signification 

 rom the term heir in the English law. The Roman term hcreditai 

 denoted all the rights and obligations of a testator or intestate ; and 

 the heres, when his title as such was completed, represented the person 

 of the testator or intestate, and as a consequence succeeded to all his 

 rights and obligations. A man might by his will appoint one heres or 

 more, and the property of an intestate might devolve on one heres 

 or more ; but this made no difference with respect to their character. 

 Bach person was here in proportion to his share of the inheritance. 

 The lures appointed by will was called scriptus, or foetus, or testamen- 

 farms; the heres who succeeded in case of intestacy, ex lege, or leyitimus, 

 that is, appointed by the law, or ab intestate. 



An important distinction between heredes as established by the old 

 Roman law was this, and the distinction was the same (so far as it 

 could be applicable) both in the case of testacy and intestacy. All 

 persons who were in the power (potato*) of the testator, or intestate, 

 luring his lifetime, such as children not emancipated, and slaves, were 

 obliged to accept the inheritance with all its burdens ; the inheritance, 

 in fact, devolved upon them by the will of the testator, and no act of 

 assent on their part was necessary. Other persons, not in the power of 

 the testator, were only bound to undertake the burden of the testator's 

 debts in case they accepted the inheritance, for which purpose their 

 express assent was necessary. But by the legislation of Justinian, the 

 heret in all cases was only answerable for the debts of the testator or 

 intestate to the amount of property which such testator or intestate 

 left behind him, of which, however, the herei was required to make an 

 inventory within a certain time. (' Cod.' vi. ; ' Tit.' 30, L 22 ; ' Instit.' 

 ii. 19.) 



The discussion of the various rights and duties of the Roman heres 

 tcriptua belongs to the subject of wills. 



In the case of intestacy, the distribution of the property was analo- 

 gous to the distribution of an intestate's personal estate by the English 

 law. The Roman law gave no preference to an eldest son over a 

 younger, or to a brother over a sister. Emancipated sons, who, by the 

 strict rule of the civil law, were excluded from the inheritance [EMAN- 

 CIPATION], were placed by Justinian's legislation on the same footing 

 as children not emancipated. It is unnecessary here to state more 

 minutely the rules which regulated the distribution of an intestate's 

 property. (' Instit.' iii. 1 ; ' Nov.' 118, c. 1, 2, 4.) 



It is important to conceive clearly the fundamental notion of the 

 difference between the Roman herei and the English heir. The Roman 

 herei, when his title to the inheritance was completed,- represented the 

 person of the testator or intestate, and so far corresponded to our 

 executor or administrator. His title to the property, as heres, was 

 absolute, and derived entirely from him to whose rights and obligations 

 he succeeded. The English heir, according to the strict principles of 

 tenure, derives his title to the land not from his immediate ancestor 

 as such, but by virtue of his relationship by blood to the person who 

 acquired the land, deduced through his immediate ancestor. The con- 

 sequences which flow from these two different notions of the Roman 

 herei and English heir are numerous and important. They are well 

 stated, in a general way, by Mr. Butler in his note on ' Coke-Litt.,' 

 191 a. The stat. 4 Wm. IV. c. 104, which makes all a deceased person's 

 estate in land liable to the payment of his debts, has materially affected 

 the ancient right of the English heir. 



HEIR- LOOMS are such goods and personal chattels as, contrary to 

 the nature of chattels, go to the heir by special custom along with the 

 inheritance, and not to the executor of the last proprietor. [CHATTELS.] 

 They are principally such things as cannot be removed without damage 

 to the inheritance, as chimney-pieces, fixed tables, &c. Deer in an 

 authorised park, fishes in a pond, deeds, charters, and court-rolls, 

 together with the chests in which they are contained, are heir-looms. 

 And so it seems are journals of the House of Lords in the possession of 

 a peer. By special custom in some places, carriages also and household 

 implements may be heir-looms. 



The termination " loom " is of Saxon origin, in which language it 



