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A Law Dictionary Containing Definitions of the Terms and Phrases Of B 112 BAD B. ' B. The second letter of the English alpha- BACKBEREND. Sax. Bearing upon bet; is used to denote the second of a series the back or about the person. Applied to a of pages, notes, etc.; the subsequent letters, thief taken with the stolen property ID his the third and following numbers. immediate possession. Bract. 1, 3, tr. 2, c.32. Used with handhabend, having in tho B. C. An abbreviation for "before hand. Christ," "bail court," and "bankruptcy cases." BACKBOND. In cotch law. A deed attaching a qualificat on or condition to the B. E. An abbreviation for "Baron of the terms of a conveyance or other in trument Court of Exchequer." This deed is used when particular circum­ B. F. An abbreviation for bonum fac­ stances render it nece ary to expre in a form the limitations or tum, a good or proper act, deed, or decree; separate qualifications signifies" approved." of a right. Bell. The in trument i equiv­ alent to a declaration of trust in English con­ B. R. An abbreviation for Bancus Regis, veyancing. (King's Bench.) or Bancus Regime, (Queen's BACKING. indorsement Bench.) It is frequently tound in the old Indorsement; a books as a designation of that court. In by magistrate. more recent usage, the initial letters of the BACKING A WARRANT. The war­ English names are ordinarily employed, i, e., rant of a justice of the peace cannot be en­ K. B. or Q. B. forced or executed outside of his territorial jurisdiction unless a magistrate of the juris B. S. Bancus Superior, that is, upper diction where it is to be executed indorses or bench. writes on the back of such warrant. an au­ "BABY ACT." A plea of infancy, inter­ thority for that purpose, which is thence posed for the purpose of defeating an action termed" backing the warrant," upon a contract made while the person was a BACKSIDE. In English law. Alerm minor, is vulgarly called "pleading the baby formerly used ill conveyances and also in act," By extension, the term is applied to a pleading ; it imports a yard at the back part plea of the statute of limitations. of or behind a house, and belonging thereto, BACHELERIA. In old records. Com­ BACKWARDATION. In the language monalty or yeomanry, in contradistinction to of the stock exchange, this term signitie a baronage, consideratlon paid for delay in the deli very is BACHELOR. The holder of the first or of stock contracted for, when the price lower for Lillie than for cash. Dos P,I'SO , lowest degree conferred by a college or u ni­ Stock-Brok , 270. versity, e. g., a bachelor of arts, bachelor of law, etc. BACKWARDS. In a policy of marine A kind of an inferior knight; esquire. insurance, the phrase "forwards and Lack­ A man who has never been married. wards at sea" means from port to port j n the course of the and not from BACKWATER. Water in a stream voyage, merely one terminus to the other and back. 1 Taunt. which, in consequence of some dam or ob­ 475. struction below, is detained or checked in its course, or flows back. BACULUS. A rod. staff, or wand, used Water caused to flow backward from a in old English practice ill making livery of steam-vessel by reason of the action of its seisin where no lJnilding stood on the land, wheels or screw. (Bract. 40;) a stick or wand, by the erection of which on the land in vol ved in a real ac­ BACKBEAR. In forest law. Carrying tion the defeudant was summoned to put in on the back. One of the cases in which an his appearance; this was called" bacullU nun­ offender against vert and venison might be tiatorius," 3 BI. Comm. 279. arrested, as being taken with the mainour, or manner, or found carrying a deer off on his BAD, (in substance.) The technical word back. .hlanwood; Cowell. for unaoundnevs lD J)iea,:!.i,,". BADGE 113 BAIL-BOXD BADGE. A II ark or cognizance worn to I appearance when reqnired.] in order that he show the relation of the wearer to any per on may be safely protected from prison. Whar­ or thing ; tltetokenofanything; a diati nctive ton. mark of office or service. BAIL, n. In practice. Thesnreties who BADGE OF FRAUD. A term used procure the release of a person under ar­ relatively to the law of fraudulent convey­ rest, by becoming responsible for his appear­ ances made to hinder and defraud creditors. ance at the lime and place designated. Those lt is defined as a fact tending to throw suspi­ persons who become sureties for the appear­ cion upon a tran action, and calling for an ance of the defendant in court. explanation. 15u1Op. Fraud. Cony. 31. Upon those contracts of indemnity which are C taken in legal proceedings as security for the per­ BADGER. In oil! law. One English formance of an obligation imposed 01' declared by who marie a practice of bUl'ing corn or viet­ the tribunals, and known as undertakings or re­ n nals in one place, and carrying them to an­ cognizances, the sureties are called "bail. Civil �e�S�. other to sell and make profit by them. The taking of bail consists in the acceptance by D BAG. A certai nand customary quantity a competent court, magistrate, or oflicer, of sufli- . cient bail for the appearance of the defendant ac- of goods and merchandise in a sack. Whar- cording to the legal eirect of his undertaking, or ton. for the payment to the state of a certain specifled sum if he does not Code Ala. 1 4407. BAGA. In English law. A bag or purse. appear. ,§ E Thus there Is the petty-bag-office in the com- Bail is of various kinds, such as: mon law jurisdiction ofthecourL of chancery, Civil bail. That trken in civil actions. becau e all rial writs relati to the bual- origi ng Special bail, being persons who II nderlake tile crow n in a ness of were formerly kept that if the defendant is condemned in the little sack or in 1 Madd , bag, parl)u baga. action he sl all pay the debt or surrender F 4. Ch- himself for nnpr isonment. :BAGGAGE. In the la w of carrlers. This Bail in error. Pilat given by a defend- term comprises §uch articles of personal con- I ant who intends to bring error on the [urlg­ venienc(' or necessity as are usually carried I ment and desires a slay of execution in the G by pas engers for their personal lise, and not mean time. merchandi e or other valuauh-s, although ee, Iurther, the following titles. in which cardell the trunks of passengers, In Canadian la.w. lease. Bail em- not for such but for are designed any use, pllyt otique. A lease for years, with a right such as a sale and the like. other purposes, to prulong indetinitely . .) Low. Call. 3tH. It is H tory, Hallui. § 499, ee, also, Hutch. Carr. equivalent toan alienatiun. ti Low. Can. 58. 679; L. H.. 6 Q. B. 612; 6 Hill, 586; 9 . § BAIL A CHEPTEL. In French law. A lIllmph. 621; 23 Fed. H. p. 765. See case contract by which one of the parties gives to collected in 1 A1I1er. e Eng. Enc. Law, 1042. the other cattle feed, and care 'fhe l rm includes whatever the passenger t� �eep. f?r. the borrower half the profit of 10- tal,(' with him for his personal use or con- re�elvmg I crease, and bearing half thelos.. \enicncl' according to the habits or wants of Duverger. tile I articular cla s to which he belongs, elther BAIL A FERME. In French law. A with reference to the immediate necessities contract of letting lands. J or ultimute purpose of the journey. L. R. BAIL .A. LOYER. In French law. A 6 Q. 13. 012. contract of letting houses. :BAHADUM. A chest or coffer. l"leta. BAIL A. RENTE. In French law. A :BAIL, e. To procu re the release of a contract partaking of the nature of the con- K person from legal cu tody , by undertaking tract of sale, and that of the contract of lease: that he shall appear lit th ti me and place it is translauv e of property, and the ren t is dt'signat d anci submit himself to the jurisdic­ essentially redeemable, 4 La. 2 6; Poth. tion and judgment of the court. Bail a Rente. 1, 3. To et lit liberty a person arrested or im­ L BAIL ABSOLUTE. ureties whose lia- prison d, on ecurity being taken for his ap­ bility is conditioned upon the failure of the on and a certain, which pearance day place to account for .. principal duly money coming oCllrily IS called bail," because the party to bis hands aa administrator, guardian, etc. arre tet! or impri on d i deli vered into the M hands of thos who bind them elves for his BAIL-BOND. In practice. A bond ex- forthcoming, (thllt is, become bail for his due ecuted by a defendant who has been arrested, AM. mcr.i, W BAIL, CO:-'DIO� 114 BAILIFF' OF MAXORS. be admitted together with other persons as sureties, nam­ is one for which the prisoner may ing the sheriff, constable, or marshal as ob­ to bail. the dam­ ligee, in a penal sum propoi tioned to BAILEE. In the law of contracts. One claimed or denounced, condi­ to ages penalty to whom goods are bailed: the party whom tioned that the defendant shall duly appear personal property is deli vered under a con­ to answer to the legal process in the officer's tract of bailment.
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