H El 
may be stayed aftward on. The heels of 
the top-masts are squares. 
HEGIRA, in chronology, a celebrated 
epocha among Mahometans. See Chro- 
nology. The event which gave rise to this 
epocha was the flight of Mahomet from 
Mecca, with .his new proselytes, to avoid 
the persecution of the Coraischites ; who, 
being then most powerful in the city, could 
not bear that Mahomet should abolish ido- 
latry, and establish his new religion. This 
flight happened in the fourteenth year after 
Mahomet had commenced prophet : he re- 
tired to Medina, which he made the place 
of his residence. 
HEIGHT, in geometry, is a perpendi- 
cular let fall from the vertex, or top, of any 
right-lined figure, upon tire base or side sub- 
tending it. It is likewise the perpendicular 
height of any object above the horizon ; 
and is found several ways, by two staffs, 
a plain mirror, with the quadrant, theo- 
dolite, or some graduated instrument, &c. 
The measuring of heights or distances is 
of two kinds : when the place or object is 
accessible, as when you can approach to its 
bottom ; or inaccessible, when it cannot be 
approached. See Surveying. 
HEIR, in law, is he to whom lands, tene- 
ments, hereditaments, by the act of God 
and right of blood, descend of some estate 
of inheritance. 
Heir apparent. No person can be heir 
in fact until the death of his ancestor ; yet 
he who stands nearest in degree of kindred 
to the ancestor, is called even in his life- 
time, heir apparent. 
And the law takes notice of an heir 
apparent, so far as to allow the father to 
bring an action of trespass for taking away 
his son and heir, the father being guardian 
by nature to his son, where any lands de- 
scended to him. 
The heir, heir general, or heir at com- 
mon law, is he who after his father’s or 
ancestor’s death has a right to all -his land, 
tenements, and hereditaments ; but he must 
be of the whole blood, not a bastard, 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 ancestor. 
A custom in particular places varying the 
rules of descent at common law is good, 
such is the custom of gavel-kind, by which 
all the sons shall inherit, and make but one 
heir to their ancestor. The general custom 
of gavel-kind lands extends to sons only, 
but a special custom, that if one brother 
HE I 
die without issue, all his brothers may in- 
herit, is good. 
To prevent injury to creditors by the 
alienation of the lands descended, &c. and 
depriving them of their claim on the lands, 
it is enacted by 3 and 4 William and Mary 
c. 14, that in all cases, where any heir at 
law shall be liable to pay the debt of his 
ancestor, in regard of any lands, tene- 
ments, or hereditaments 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 an 
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, in the same order as in ac- 
tions 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 the said 
land, as if the same were his own proper 
debts ; saving that the lands, tenements, 
and hereditaments, bona fide aliened before 
the action' brought shall not be liable to 
such execution. Provided, that where 
any action of debt upon any specialty, is 
brought against any heir, he may plead 
Hens pei' descent at the time of the original 
writ brought, or the bill filed against him; 
and the plantift’ in such action may reply, 
that he had lands, tenements, or heredita- 
ments from his ancestor before the original 
writ brought, or the bill filed ; and if upon 
issue joined thereupon, it be found for the 
plantiff, the jury shall inquire of the value 
of the lands, tenements, or hereditaments, 
so descended, and thereupon judgment 
shall be given, and execution shall be 
awarded as aforesaid ; but if judgment be 
given against such heir, by confession of the 
action, confessing the assets descended, 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 
devised away the lands, a creditor by spe- 
cialty had no remedy, either against the 
heir or devisee. But by this statute it is 
enacted, that all wills and testaments, limi- 
tations, dispositions, or appointments, of or 
concerning any manors, messuages, lands, 
tenements, or hereditaments, or of any rent, 
profit, term, or charge out of the same, 
whereof any person at the time of his de- 
cease shall be seised in fee- simple, posses- 
sion, reversion, or remainder, or have power 
