HOGSHEAD

6 definitions found across Law Mind sources

HOGSHEADAuthored
The Law Mind • 866 words
Definition
A unit of liquid measure used in English and American law, fixed at the fourth part of a tun, or sixty-three wine gallons (approximately 52½ imperial gallons). As a legal measure of capacity, it equals half a pipe and one-quarter of a tun. The term also refers, more loosely, to a large cask or barrel of indefinite size — particularly in American usage, where the physical vessel typically held between 100 and 140 gallons regardless of the formal legal standard.
Common Language
Modern common usage (Wiktionary): A cask of a certain size; its volume used as a measure of capacity for liquids, containing 63 wine gallons, or about 52½ imperial gallons (a half pipe). Also, a large barrel or cask of indefinite contents, especially one containing from 100 to 140 gallons. Historical common usage (Webster's 1913): An English measure of capacity containing 63 wine gallons, or about 52 imperial gallons. Also, a large cask or barrel of indefinite contents, especially one containing from 100 to 140 gallons. The gap between common and legal meaning is narrow but consequential: ordinary usage tolerates the loose sense of any large cask, while legal usage — particularly in statutory and commercial contexts — demands the fixed standard of sixty-three wine gallons. A document using "hogshead" to describe a physical container rather than a unit of measure may be describing a vessel of substantially different volume than the legal unit implies.
Common Confusion
The hogshead should not be confused with the butt (typically 126 wine gallons), the pipe (also 126 gallons, equivalent to two hogsheads), or the tun (252 gallons, of which the hogshead is one-fourth). American usage further complicates research because the physical casks used in colonial and early republic trade — particularly for tobacco, sugar, and molasses — often held 110 to 120 gallons, diverging materially from the technical sixty-three-gallon English legal standard. Researchers encountering "hogshead" in commercial records, excise statutes, or shipping manifests must determine whether the term is used in its precise legal sense or as a general description of a large cask.
Why It Matters in Research
Hogshead appears most frequently in colonial-era statutes, customs and excise regulations, commodity contracts, and admiralty proceedings governing the measurement and taxation of liquids — particularly wine, spirits, molasses, tobacco (measured by the cask), and beer. Several distinct legal contexts require attention: First, statutory precision versus commercial practice diverge sharply in American sources. English law fixed the hogshead at sixty-three wine gallons, but colonial American legislatures and merchants routinely used the term for casks of varying sizes. A Virginia tobacco hogshead, for example, was governed by specific statutory weight and dimension requirements that bore no relation to the wine-gallon standard. Researchers reading pre-1800 American statutes must identify which commodity is involved and whether a jurisdiction-specific statutory definition controls. Second, the hogshead belongs to a nested system of liquid measures — gill, pint, quart, gallon, pottle, peck, firkin, kilderkin, barrel, hogshead, pipe/butt, tun — and its legal meaning is only fully intelligible in relation to that system. A document specifying a fraction or multiple of a hogshead requires knowledge of the whole hierarchy. Third, excise and customs records using hogshead as a unit of taxation are common in eighteenth- and nineteenth-century English and American administrative sources. Duty calculations based on hogshead counts may be incorrect if the researcher applies the wrong gallon equivalent for the period and jurisdiction. Fourth, the term largely disappears from operative legal instruments after the nineteenth century as standardized metric and statutory volume measures displaced traditional English measures. Its appearance in twentieth-century sources is almost always historical or archaic in character.
Historical Dictionary Support
The historical dictionaries are in close agreement on the formal definition: sixty-three wine gallons, the fourth part of a tun, half a pipe. Bouvier, Burrill, Rapalje & Lawrence, and both editions of Black's cite Cowell as authority for this measure. All sources also acknowledge, via Webster, the looser American usage of a large cask containing one hundred to one hundred and forty gallons — a range nearly double the technical legal standard. No historical legal dictionary attempts to reconcile these two meanings or flags the practical research problem they create. Burrill is the most explicit about the American divergence, noting the butt or cask of 110 to 120 wine gallons as the American understanding. None of the historical dictionaries address commodity-specific statutory variants, such as the tobacco hogshead, which had its own regulated dimensions under Virginia and Maryland law.
Jurisdictional Note
English law fixed the hogshead at sixty-three wine gallons as a matter of statute and custom. American jurisdictions varied: some adopted the English standard by reception of common law, while others established commodity-specific measures by local statute, particularly for tobacco, molasses, and rum. Researchers working in colonial or early American sources should consult the applicable jurisdiction's excise or weights-and-measures statutes rather than assuming the English standard applies.
Related Terms
Tun — Pipe — Butt — Barrel — Firkin — Kilderkin — Wine Gallon — Imperial Gallon — Liquid Measure — Weights and Measures — Excise — Customs Duty — Cask
HOGSHEADmain
Black's Law Dictionary • 1891
decennary was called "hoghenhyne," and his host became responsible for his acts as for those of his servant.
HOGSHEADmain
Black's Law Dictionary • 1891
A measure of a capacity containing the fourth part of a tun, or sixty-glish law, is "a holder who has taken a bill of three gallons. Cowell. A large cask, of indefinite contents, but usually containing from one hundred to one hundred and forty gallons. Webster. HOLD, 0. 1. To possess in virtue of a lawful title; as in the expression, common in grants, "to have and to hold," or in that applied to notes, "the owner and holder." 2. To be the grantee or tenant of another; to take or have an estate from another. Properly, to have an estate on condition of paying rent, or performing service. 3. To adjudge or decide, spoken of a court, particularly to declare the conclusion of law reached by the court as to the legal effect of the facts disclosed. 4. To maintain or sustain; to be under the necessity or duty of sustaining or proving; 'as when it is said that a party “holds the af- firmative" or negative of an issue in a cause. 5. To bind or obligate; to restrain or con- strain; to keep in custody or under an ob- ligation; as in the phrases "hold to bail,' "hold for court," "held and firmly bound," etc. exchange (check or note) complete and reg- ular on the face of it, under the following conditions, namely: (a) That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact. (b) That he took the bill (check or note) in good faith and for value, and that at the time it was defect in the title of the person who nego- negotiated to him he had no notice of any tiated it." Bills of exchange act, 1882, (45 & 46 Vict. c. 61, § 29.)
HOGSHEADmain
Rapalje & Lawrence • 1888
- A measure of capacity containing the fourth part of a tun, or sixty-three gallons.-Cowell. A large cask, of indefinite contents, but usually containing from one hundred to one hundred and forty gallons.-Webster. HOLD.-(1) To have as tenant. (2) To announce a legal opinion; to adjudge or decree. HOLD A LIFE INTEREST, (in a deed). 7 W. Va. 289. HOLD AND ENJOY, (in an agreement). 2 Т. R. 739; 5 Id. 163. (in a lease). 6 Bing. 206, 212. HOLD AND OCCUPY, (covenant that lessee shall). 6 Mass. 246. HOLD, I, (in a will). 3 Watts (Pa.) 333, 338. HOLD LANDS, (power to, of corporations). 14 Pet. (U. S.) 122. HOLD PLEAS.-To hear causes. See 3 Bl. Com. 35, 298. HOLD REAL ESTATE, (power of bank to). 1 Doug. (Mich.) 401; 3 Rand. (Va.) 136. HOLDER.-A payee or indorsee in pomession of a bill of exchange, or promissory note. double the yearly value of the land. 3. Double rent. -By Stat. 11 Gen. II. c. 19, 18, a tenant who holds over after giving notice to quit, is liable to pay double rent for the time he continues in possession. Woodf. L. & T. 697et seq. 24. In American law, the remedy for holding over is by action of ejectment, or, in many of the States, by a summary statutory proceeding by the landlord to regain possession of the leased premises. See SUMMARY PROCEEDINGS. 422. HOLDING OVER, (officers). 6 Wend. (N. Y.) HOLDING SHARES, (in companies act). 3 Q. B. D. 442. HOLDS, (in a contract). 10 Barn. & C. 249. HOLIDAY, or HOLY DAY-An anniversary feast; a religious festival; a day of exemption from labor. In America, holidays are days upon which, by statute or local usage, no labor need be done, and upon which civil process, notices, &c., cannot be legally served. See DIES NON. HOLIDAY, (courts have no authority to hear causes on). 38 Wis. 673. (docketing judgment on). 14 Rankr. Reg. 388.
HOGSHEADn.
Websters Unabridged Dictionary (1913) • 1913
An English measure of capacity, containing 63 wine gallons, or about 52 A large cask or barrel, of indefinite contents; esp. one containing from 100 to 140 gallons. [U. S.]
hogsheadnoun
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
Extracted and formatted for display by Law Mind. Source link opens the current Wiktionary page and its contributor history; it is not a frozen copy of this extract.
A cask of a certain size; its volume used as a measure of capacity for liquids, containing 63 wine gallons, or about 52+¹⁄₂ imperial gallons (a half pipe). | A large barrel or cask of indefinite contents, especially one containing from 100 to 140 gallons.

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