II El 
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, administrators, and 
assigns, and every of them, to befraudulent, 
and clearly, absolutely, and utterly void, 
frustrate, and of none effect ; any pretence 
colour, feigned or presumed consideration, 
or any other matter or thing to the contrary 
notwithstanding. And in those cases every 
such creditor may maintain his action of 
debt upon his said lands and specialties, 
against the heir at law of such obligor, and 
such devisee and devisees 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 pleaded, or for not con- 
fessing the lands or tenements to him de- 
scended. Provided, that where there hath 
been or shall be any limitation or appoint- 
ment, devise, or disposition, of any manors, 
messuages, lands, tenements, or heredita- 
ments, 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, in 
pursuance of any marriage, contract, or 
agreement in writing, bona fide made before 
.such marriage ; the same and every of them 
shall be in full force, and the same manors, 
&c. may be holden and enjoyed by every 
such person, his heirs, executors, admini- 
strators, and assigns, for whom the said limi- 
tation, appointment, devise, or disposition 
was made, and by his trustee, his heirs, ex- 
ecutors, administrators, and assigns, for such 
estate or interest as shall be so limited or 
appointed, devised or disposed, until such 
debt or debts, portion or portions, shall be 
raised, paid, and satisfied. And every de- 
visee made liable by this act, shall be liable 
and chargeable in the same manner as the 
heir at law, hy force of this act, notwith- 
standing the lands, tenements, and heredi- 
taments to him or them devised, shall be 
aliened before the action brought. In the 
construction of this statute it has been held, 
that though a man is prevented from de- 
feating his creditors by will, that yet any set- 
tlement or disposition he shall make in his 
life-time of his lands, whether voluntary or 
not, will be good against bond creditors ; 
for that was not provided against by the 
statute, which only took care to secure such 
creditors from any imposition, which might' 
be supposed in a man’s last sickness ; but if 
he gave away his estate in his life time, this 
HEL 
prevented the descent of so much to the 
heir, and consequently took away their re- 
medy against him, who was only liable in 
respect of the 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. ' 
Heir looms, in law, are such goods and 
personal chattels, as, contrary to the nature 
of chattels, shall go by special custom to 
the heir, along with the inheritance, and 
not to the executor of the last proprietor. 
HEISTERA, in botany, so called in 
honour of Laurence Heister, a genus of the 
Decandria Monogynia class and order. 
Natural order of Holoraceae. Aurantia, 
Jussieu. Essential character: calyx five- 
cleft ; petals five ; drupe with a very large 
coloured calyx. There is but one species, 
viz. H. coccinea, a native of Martinico, in 
close woods near torrents. The French 
inhabitants call it bois perdrix, birds being 
very fond of th^ fruit. 
HELENIUM, in botany, a genus of the 
Syngenesia Polygamia Superflua class and 
order. Natural order of Composite Dis- 
eoidean Cory m bifora;, Jussieu. There are 
two species. These plants are natives of 
America, where they grow wild in great 
plenty, in the woods and other shady 
places, where the ground is moist. 
HELIACAL, in astronomy, a term ap- 
plied to the rising or setting of the stars, 
or, more strictly speaking, to their emersion 
out of and immersion into the rays and 
superior splendour of the sun. A star is 
said to rise heliacally, when after having 
been in conjunction with the sun, and on 
that account invisible, it comes to be at 
such a distance from him, as to be seen in 
the morning before sun-rising ; the sun, by 
his apparent motion, receding from the 
star towards the east ■ on the contrary, the 
heliacal setting is when the sun approaches 
so near a star, as to hide it with his beams, 
which prevent the fainter light of the star 
from being perceived, so that the terms ap- 
parition and occultation would be more 
proper than rising and setting. 
All the fixed stars in the zodiac, as also 
the superior planets, Mars, Jupiter, and 
Saturn, rise heliacally in the morning, a 
little before sun-rising, and a few days after 
they have set cosmically. Again, they set 
heliacally in the evening, a little before 
their achronycal setting. But the moon, 
whose motion eastward is always quicker 
than the apparent motion of the sun, rises 
