H E I 
HEI 
EEI 
The log. DC 112 
Sine 4 D 32° 12' 
Added 
S. 4 DAC 1 1° 18' 
2.0-1922 
9.72663 
11.77585 
9.29214 
CA = 304 6 - - - 2.48371 
Then for AB, the height of the object, it will 
be as R : S. 4 ACB ; : CA : AB. 
As radius - 10.00000 
is to the sine of 43° 30' - 9.83781 
so is CA 304.6 ... 2.48371 
to AB 209.7 ... <2 . 32152 
Lastly, for CB, the distance of the object from 
the nearest station, it will be as R * S. 4 CAB 
;; ca : bc. 
As radius ... 10 00000 
is to the sine of CAB 46° 30' 9.86056 
so is CA 304.6 ... 2.48371 
to BC 221 ... 2.34427 
If the height of the tower is wanted, the angle 
BCF (fig. 1 16) may be found with the quadrant, 
which being taken from the angle ACB already 
known, the angle ACF will remain ; but the 
angle FAC was known before ; therefore the 
remaining angle AFC will be known. But the 
side AC was supposed found by the last pro- 
blem; therefore in the triangle AFC, all the an- 
gles, and one of the sides AC, being known, AF 
the height of the tower above the hill may be 
found by trigonometry 
Prob. V. To measure the distance of two places A 
and B, of nu ie ■ one. A, is accessible, by the theo- 
dolite, fig. 117. 
Let there be erected at two points, A and C 
(sufficiently distant), visible signs; then let the 
two angles BAC BCA, be taken by the theo- 
dolite. Let the distance of the stations A and C 
be measured wi h a chain Then the third angle 
being known, and the side AC ; therefore, by 
the second case of oblique trigonometry, the 
distance required AB will be found. 
Prob. VI. To measure by the theodolite , Idfc. the 
distance of live places , neither of ’which is accessible , 
fig. 118 
Let two stations C and D be chosen, from 
each of which the places may be seen whose 
distance is sought . let the angles ACD, BCD. 
and likewise the angles BDC, EDA, CDA, be 
measured by the theodolite. &c and the distance 
of the stations C and D be measured by a chain, 
or, if necessary, by the last problem. Now in 
the triangle ACD, there are given two angles 
ACD and ADC ; therefore the third CAD is 
likewise given : moreover the side CD is given; 
therefore by the second case of oblique trigono- 
metry, the side AD will be found. After the 
same manner, in the triangle BCD, from all the 
angles, and one side CD given, the side BD is 
found. Wherefore, in the triangle ADB, from 
the given sides DA and DB, and the angle ADB 
contained by them, the side AB (the distance 
sought) is found too by the fourth case of ob- 
lique-angled trigonometry. Note, that it is 
not necessary that the points A, B, C, and D, be 
in one plane, and that any triangle is in one 
plane. 
HEIR, is he to whom lands, tenements, 
or hereditaments, by the act of God and 
right of blood, descend of some estate of in- 
heritance. Co. Lit. 7. b. 
Heir apparent. Here we must observe, 
that no person can be heir until the death of 
his ancestor ; yet in common parlance, he 
who stands nearest in degree of kindred to 
the ancestor, is called even in . his life-time, 
heir apparent. Co. Lit. 8. n. The law also 
takes notice of an heir -apparent, so far as to 
allow the father to bring an action of trespass 
tor taking away his son and heir, the father 
being guardian by nature to his son, where 
any lands descended to him. Co. Lit. 37. 
Heir-general: the heir-ge: era!, or heir at 
common law, is he who alter his father’s or 
ancestor’s death has a right to, and is intro- 
duced into, all his land, tenements, and here- 
ditaments ; but he must be of the whole 
blood, not a bashu d, alien, &c. None but 
the heir-general, according to the course of 
the common law, can be heir to a warrantry, 
or sue an appeal of the death of his ances- 
tors. Co. Lit. 14. 
Customary heir: a custom in particular 
places varying the rules of descent at com- 
mon law is good; such is the custom of gavel- 
kind, by which all tiie sons shall inherit, and 
make but one heir to their ancestor ; but the 
general custom of gavelkind lauds extends to 
sons only ; but a special custom, that it one 
brother dies without issue, ail his brothers 
may inherit, is good. Co. Lit. 140 a. 
1 o prevent the wrong and injury to credit- 
ors by the alienation of the lands descended, 
Ac. by 3 and 4 Vv . A M. c. 14. it is enacted, 
that in ail cases where any heir at law shall 
be liable to pay the debt of his ancestor, in 
regard of any lands, tenements, or heredita- 
ments descending to him, and shall sell, alien, 
and make over, the same before any action 
brought or process sued out against him, 
such heir at law shall be answerable for such 
debt or debts in action or actions of debt to 
the value of the said land so by him sold, 
alienated, or made over; in which case all 
creditors shall be preferred, as in actions 
against executors and administrators: and 
such execution shall be taken out upon any 
judgment or judgments so obtained against 
such heirs, to the value of tiie said land, as if 
the same were h;s own proper debts; saving 
tiiat tne lands, tenements, and hereditaments, 
bona line aliened before the action brought, 
shall not be liable to such execution. Pro- 
vided, that where any action of debt upon 
j any specialty, is brought against any heir, he 
| may plead riens p r "descent at the time of 
i the original writ brought, or the bill tiled 
I against him; any tiling therein contained 
to the contrary notwithstanding. Add the 
plaintiff in such action may reply, that he had 
lands, tenements, or hereditaments, from his 
j ancestor belore the original writ brought, or 
! the bill tiled; and it upon issue joined there- 
| upon, it is found for the plaintiff, the jury 
| shall inquire of the value of the lands, tene- 
I merits, or hereditaments so descended, and 
j thereupon judgment shall be given, and exe- 
cution shall be awarded as aforesaid; but if 
judgment is given against such heir, by con- 
fession of the action with the assets descend- 
ed, or upon demurrer, or nihil dixit, it shall 
be for the debt and damages, without any 
writ to enquire of the lands, tenements, or 
hereditaments, so descended. 
Before this statute, if the ancestor had de- 
vised away the lands, a creditor by specialty 
had no remedy, either against the heir or de- 
visee. Abr. Eq. 149. 
But by the said statute, it is enacted that 
all wills and testaments, limitations, disposi- 
tions, or appointments, of or concerning any 
manors, messuages, lands, tenements, or he- 
reditaments, or of any rent, profit, term, or 
charge out of the same, whereof any person 
at the time of his decease shall be seized in 
fee simple, possession, reversion, or remain- 
905 
der, or have power to dispose of the same by 
his last will and testament, shall be deemed 
and taken only against such creditor as 
aforesaid, his heirs, successors, executors, ad- 
ministrators and as igus, and every of them, to 
be fraudulent, and clearly, absolutely, and 
utterly void, frustrate, and of none effect ; 
any pretence, colour, feigned or presumed 
consideration, oi any other matter or thing, to 
the contrary notwithstanding. 
And for the means, that such creditors may 
be enabled to recover their said debts, it is 
farther enacted, that in the cases before-men- 
tioned, every such creditor shall and may 
maintain his action of debt, upon his said 
bonds and specialties, against the heir at law 
of such obligor, and such devisee and devi- 
sees jointly, by virtue of this act; and such 
devisee and devisees shall be liable and 
chargeable for a false plea by him or them 
pleaded, in the same manner as any heir 
should have been for false plea by him plead-' 
ed, or lor not confessing the lands or tene- 
ments to him descended. 
Provided, that where there has been or 
shall be any limitation or appointment, de- 
vise or disposition, of any manors, messuages, 
lands, tenements, or hereditaments, for the 
raising or payment of any real or just debt, 
or any portion, sum, or sums of money, for 
any child or children of any person, other 
than the heir at law, i n pursuance of any mar- 
riage-contract or agreement in writing bona 
tide made before such marriage; the same 
and every ol them shall be in full force, and 
the same manors, Ac. may be holden and en- 
joyed by every such person, his heirs, ex- 
ecutor';, administrators, and assigns, for whom 
the said limitation, appointment, devise, or 
disposition was made, and by his trustee, his 
heirs, executors, administrators, and assigns, 
for such estate or interest as shall be so li- 
mited or appointed, devised, or disposed, 
until such debtor debts, portion or portions, 
shall be raised, paid, and satisfied ; any thing 
contained in this act to the contrary notwith- 
standing. 
And it is further enacted by the said sta- 
tute, that all and every devisee and devisees 
made liable by this act, shall be liable and 
chargeable in the same manner as the heir at 
law, by force of this act, notwithstanding the 
lands, tenements, and hereditaments to him. 
or them devised, shall be aliened before the 
action brought. 
In the construction of this statute it lias 
been holden, that though a man is prevented 
thereby from defeating his creditors by will, 
yet any settlement or disposition he shall 
make in his life-time of his lands, whether vo- 
luntary or not, will be good against bond- 
creditors; tor that was not provided against 
by the statute, which only took care to se-‘ 
cure such creditors from any imposition 
which might be supposed in a man’s last 
sickness; but if he gave aw ay his estate in his 
life-time, this prevented the descent of so 
much to the heir, and consequently took 
away their remedy against him, who was only 
liable in respect ot tiie lands descended ; and 
as a bond is no lien whatsoever on the lands 
in the hands of the obligor, much less can it 
be so when they are given away to a stran- 
ger. Abr. Eq. 1 49. 
HEIRESS, is a female heir to a person 
having an estate of inheritance of lanas, If 
there are more than one, they axe called cv*- 
