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. hands, or shall cause special bail to be put in, BAILIE. In the cotch law. .A bailie i as the case may be. (1) a magtstrate having inferior criminal ju­ BAIL, COMMON. In practice. A flcti­ risdiction, similar to that of an al termun, tious proceeding, intended only to express ('1. v.;) (2) an onicer appointed to confer in­ the appearance of a defendant, in cases where feoffment, (g. v.;) a bailiff, (q. 11.;) a server special bail is not required. It is put in in of w ri ts. Bell. the same form as special bail, but the sure­ BAILIFF. In a general sen e, a per on ties are merely nominal or imaginary persons, to whom some author.ty, care, guardi.m hip, as John Doe and Hichard Roe. 3 HI. Comm. or is delivered, COlllIII itted, or in­ 2tl7. jurlsdtction trusted; one who is deputed 01' appointed to BAIL COURT. In English law and take charge of another'S affair ; an over .eer practice. An auxiliary court of the court of or supertntendent: a keeper, protector, or queen's bench at Westminster, wherein points guardian; a steward. Spelman. connected more particularly witb pleading A sheriff's officer or deputy, 1 Hi. Comm. and practice are argued and determined. 3-14. Holthouse, A mngiatrate, who formerly adminl tered justice in the parliament or courts of Frunce, BAIL PIECE. In practice. A formal answel'lng to the English heriffs as men­ entryor memorandum of the or recognizance tioned by Bracton. undertaking of special ball in civil actions, In the action of account render. .\ \, Inch, after being Signed and acknowledged who has the custody and the person by delivery by bail before the pro) er officer, is filed udministratlon of lands or goods for the bell­ in the court in which the action is pending. eflt of the owner 01' bailor, and is liable to 3 B1. Comm. 291; I Tidd, Pro zso. render an account thereof. Co. Litt. 2il;

J ur. 44(j. BAIL TO THE ACTION, BAIL Story, Eq. � that OR A bailifI is defined to be "a servant �BOVE, SPECIAL BAIL. [n prac­ tice, has the ad 111 inistration and charge of hill':" Persons who undertake jointly and and chattels, to make the best benefit severally in behalf of a defendant arrested on goods, for the whom an actiun of mesne process in a civil action that, if he be owner, against he has conllemned in the account lies, for the proflts which action, he shall pay the raised or made, or by his industry or cosls and condemnatton, (that i. ,Lhe amount might 149. which be care have raised or made." 25 Conn. may recovered against ldm,) or ren­ der himself a prisoner, or that they WIll pay BAILIFF-ERRANT. A bailiff's dep­ it for him. 3 HI. Oornm. 291; 1 Tidd, Pr, uty. 245. BAILIFFS OF FRANCHISES. In BAIL TO THE SHERIFF, OR BAIL English law. Offlcers who perform the du­ BELOW. In practice. Persons who un­ ties of sheriffs within libert.ies 01' pi ivileged the dertake that a defendant arre ted upon mesne jurisdictions, in which formerly kmg's the sberiff. proce s in a civil action shall duly appeal' to writ could not be executed by answer tbe plaintiff; such undertaking being Spelman. in the form of a bond to the given sheriff, BAILIFFS OF HUNDREDS. In En­ .. termed a bail-bond." (q. ::J B1. Comm. v.) glish law. Officers appointed over hun­ 1 Pro 221. 2�O; Tidd, dreds. bv the sheriffs, to collect fines therein. and summon [urie ; to attend the judges and BAILABLE. Capable of being bailed; justices at the asstses and quarter seaston ; admitting of bail; authorizing or requiring and al 0 to execute wrus and proce in the ball. A bailable action is one in Which the several hundreds. 1 HI. Comm. 345;:3 teplr. defendant cannot be released Irorn arrest ex­ Corum. 29; Bract. fol. 116. cept on Iuini: hing bail. 13ailablepl'ocess is the officer to take after BAILIFFS OF MANORS. In such ,1S requiles bail, Englih Ste wards or the arresting the defendant. A bailable offense law. agents appointed by BAILlVIA 115 lord (generally by an authority under seal) Bailment Is a word of French Origill, significant of the curtailed the or mere to superlntend the manor, collect fines, and transfer, delivery banding over, which is appropriate to the transac­ rents, insp-ct the order re­ quit buildings, tion. Schouler, Pers. Prop 695. cut down cattle tres­ pairs, trees, Impound The test of a bailment i that the identical thing passing, take an account of wastes, poils, is to be returned; if another thing of equal value and mi demeanors in the woods and de­ is to be returned, the transaction is a sale. Ii & C. 29; 3 550. mesne lands, and do other acts for the lord's Thomp. Huo, interest. Cowell. Sir WIlliam Jones has divided bailments into five sorts, namely: Depositum, or de­ BAILIVIA. In old law. A bailiff's ju­ posit; mandatum, 01' com nls ion without riadlction, a baili wick; the same as Latlium. recompense; commodatum, or loan Ior u e C pel man. ee BAILIWICK. without pay; pignori acceptum, or pawn; In old law. A or ex­ English liberty, locatum, or hiring, which IS always with re­ clu lve juri diction, which was exempted ward. Thi last is ubdivided into lo-atio from the sheri ff of the and over which county, rei, or hiring, by which the hirer gains a the lord of the a bailiff D liberty appointed temporary lise of the thing; lo-aiio operis with such powers within his precinct as an faciendi, when soruethinz is to be done to under the sheriff of uuder-shertff exercised the thing delivered; locatio operis merctum the county, Whishaw. tieheruiarum, when the thing is merely to be BAILIWICK. The terrttorral jurisdic­ carried from one place to another. Jones, E tion of a sheriff or bailiff. 1 131. Comm. 344. Bailro.36. Lord Holt divided bailments thus: BAILLEUR DE FONDS. In Canadian (1) D, po�itum, or a naked bailment of goods, Jaw. The unpaid vendor of real estate. to be kept for the use of the bailor (2) CommO'Zatum. Where goods or chattels BAILL!. In oJd French la w. One to that are useful are lent to the bailee gratis, to be F whom judicial authority was assigned or used by him. (3) LocatIo ref.. Where goods are lent to the delivered by a superior. bailee to be used by him for hire. Pawn or BAILMENT. A delivery of goods or (4) 'Va,zlliln. pledge. (5) LnClltio opcri . facienul. Where goods are property, by one person to another, G personal delivered to be curried, or something: is to be done ill tru ·t for the execution of a special object about them, for a reward be paid to the bailee. upon 01 in relation to such goods, benerlctal (iiI }I'lIIulItllm. A delivery of goods to some- CIUII·r to the bailor 01' bailee 01' both, ami body who is to carry th 00, or do eometbing about them, Uruti.. 2 Ld. Raym, 900. upon a contract, express or implied, to per­ Ana herdivi:ion, sugge ted by Bouvier, is as Iol­ H Iorrn the u u t and out such and . carry object, low Fi"st, tho 0 bailmcn which are for the thereupon either to redeliver the goods to benefit of the bailor, or of 0000 p 1'80n whom he the bailor or otherwise dispose of the same in repro OLB; secoltu, those for tbe benefit of the bailee, or ome pel' on repro ented by him; third, conformity with the purpose of the trust. tho e which are for the benefit of both parties. 'ee Code Ga. H) 2, § 2058. I A delivery of goods in trust UPOD a contract, ex­ BAILOR. The party who La ls or deliv­ ssod or that the trust sbult be faith­ pr Implied, ers goods to another, in the contract of bail­ fully xecuted on the parb of the bailee. 2 B1. ment. Comm.45.'>. Builment, from the Fronch bntllcr, to deliver, Is BAIR-MAN. In old cotch law. A poor a delivery of goods for some purpose, upon a COD­ I J insolvent left bare and who truct, xpres or implied, that, after the purpose debtor, naked, btu! bt' D fulfilled, they shall be r delivered to the was obliged to swear in court that he was dealt bailor, or otherwise with. according to his I not worth more than live billings and five­ or the ca 0 till re- dir ctlon , (as may be) kept he pence. laim them. 2 Staph. Comm. O. A d livery of good in trust UpOD a COD ex­ K tract, BAIRNS. In cotcb law. A known term, pre . d or implied, that the trust shall be duly used to denote one's whole issue. Ersk. e outed, and the goods restored by tho bailee as 800n a the purp es of the bailment shall be an­ In t. 3, ,48. But it is ometimes used in a sw rod, 2 K nt, omm. 559. more limited sense. Hell. Builment Is a delivery of a thing in trust for l some pe -lal object or purpo 0, and upon a COD­ BAIRN'S PART. In Scotch law. Chil­

. _ or to conform to the troc pre implied, object dren' part; a thtr J part of the defunct's free or purpos of th trust. Story, Ballm, S. movable, debt" deducted, 11 the wife sur­ A d liv ry of g iD trust on n contract, either

• a yi ve, and balf if ther be no . • relict . pr d or imp i i, thnt th tru. t shall be duly uted, nd h od r deliv red as soou as the BAITING In M m or u for \ hi, h they wer bailed shall h ve ANIMALS., English law. l or bc rf rtned. Jones, II ilm.117. Procuring them to be orr d by dog'. Pua, BAL1E�A 116 BAN

Ishable on summary conviction, under 12 & BALISE. Fr. In French marine law. 13 Vict. c. 92, § 3. A buoy. BALIUS. In the A BALlENA • .A Jarge fish. called by Black­ civil law. teacher: one has stone a "whale." Of this the king had the who the care of youth; a tutor; a Du head and the queen the tail as a perquisite guardian. Cange; pel man. whenever one was taken on the coast of Eng­ BALIVA. L. Lat. In old EngJi h law. land. 1 Bl. Comm. 222. A bailiwick, or jurisdiction. BALANCE. The amount remaining due BALLAST. In marine insurance. There from one person to another on a settlement is considerable analogy between ballast and of the accounts involving their mutual deal­ dunnage. The former is used for trhumine ings; the difference bet ween the two sides the ship, and bringing it down to a draft of (debit and credit) of an account. water proper and safe for Dunnage A balance is the concluslon or result of sailing. is placed under the cargo to keep it 1'1 om be­ the debit and credit sides of an account. It ing wetted by water gelting into the l.okl, or implies mutual dealings, and the existence of between the different to them debt and credit, without which there could parcels keep from and each other. 13 be no balance. 45 Mo. 574. See, also, 71 bruising injuring Wall. 674. Pa. St. 69. The term is also frequently used in the BALLASTAGE. A toll paid for the priv­ sense of residue or remainder; as when a ilege of taking up ballast from the bottom of will speaks of "the balance of my estate." a port or harbor. 3 Ired. 23 S. C.269. 155; BALLIVO AMOVENDO. An ancient BALANCE OF TRADE. The differ- writ to remove a bailiff from his office for ence between the value of the exports from want of sutlicient land in the buill wick. Heg. and imports into a country. Orig.78. BALANCE-SHEET. When it is desired BALLOT. In the law of elections. A slip to ascertain the exact state of a merchant's of paper bearing the names of the ofhces to bu iness, or other commercial enterprise, at be fillet! at the particular election and the a gi ven time, all the ledger accounts are names of the candidates for whom the elector clo ed up to date and balances struck; and desires to vote; it may be printed, or writ­ the e balances, when exhibit d together on a ten, or partly printed and partly written. ami single page, and so grouped and arranged is deposited by the voter in a "ballot-box" as to close into each other and be summed which is in the cu tody of the officer holding up In one general result, constitute the "bal­ the election. " ance-sheet. Also the act of voting by balls or tick .. ts. A ballot is a ticket folded in such a man­ BALCANIFER, or BALDAKINIFER. ner that written or thereon The standard-bearer of the Knights Temp­ nothing printed Iar, can be seen. Pol. Code Cal. § 1186. A ballot is defined to be "a paper ticket contain­ BALCONIES. mall of wood galleries ing the names of the persons for whom the elector or stone on the outside of houses. The erec­ intends to vote, and designating the office to which tion of them is regulated in London by the each person so named is intended by him to be chosen." Thus a or a is a building acts. ballot, ticket, sinllie piece of paper containing the names of the candi­ BALDIO. In Spanish law. Wasteland; dates and the offices for which they are running. If the elector were to write the names of the can­ land that is neither arable nor pasture. didates upon his ticket twice or three or more White, New b. 2, tit. I, c. 6, 4, and Recop. § times, be does not thereby make it more than one note. ticket. 28 Cal. 136.

BALE. A pack or certain quantity of BALLOT-BOX. .A. case made of woo i goods or merchandise, wrapped or packed up for recei ving ballots. in cloth and corded round very tightly, marked BALNEARII. In the Roman law. and numbered with figures corresponding to Those who stole the clothes of bathers 10 the those in the bills of lading for the purpose of public baths. 4 Bl. Oomm, 239. Identification. Wharton. A bale of cotton is a certain quantity of BAN. 1. In old English a.nd clvilln.w. that commodity compressed into a cubical A proclamation; a public notice; the an­ room in nouncement of an Intended ow­ form, so as to occupy less than when marriage. 525. ell A.n excommunication: a curse. bags. 2 Car. &. P. publicly BAN 117 pro nou need. proclamation of silence made A sitting in bane; the sittings of a court by a errer ill court be.ore the meeting of WIth its full judicial authority, or in full champions in combat, Id. A statute, edict, form, as distinguisbed from sittings at nisi or command; a fine, or penalty. prius. 2. In French la.w. The right of an­ A stall, bench, table, or counter, on which were for nouncing the time of mowing. reaping, and goods exposed sale. Cowell. the exercised certain gathering vintage, by BANCUS REGINlE. L. Lat. The seignoriallords. Guyot, Repert. Univ. queen's bench. ee QUEE..�'S BE�CH. 3. An expanse; an extent of space or ter­ ritory; a space inclosed within certain lim­ BANCUS REGIS. Lat. The king's C its; the limits or bounds themselves. 'pel­ bench; the supreme tribunal of the king after man. parliament. 3 Bl. Comm. 41. 4. A privileged space or territory around BANCUS SUPERIOR. The upper a town. monastery, or other place. bench. The king's bench was so called dur- 5. In 01u. law. A military European ing the Protectorate. D standard; a thing unfurled. a banner. Spel­ In old Scotch law. man. A summoning to a standard; a call­ BAND. A. proclama­ ing out of a military force; the force itself tion calling out a military force. 80 summoned; a national army levied by BANDIT. An outlaw; a man banned, proclamation. E or put under a ban; a brigand or robber. BANAL. In Canadian and old French Bandttti, a band of robbers. law. Pertaining to a bait or pri v ileged place; BANE. A malefactor. Bract. I. 1, t. 8, ha v i ng q uali ties or pri vileges deri ved from a c.!. ban. Thus, a banal mill is one to which the F ALso a pu blic den u nciation of a malefactor; lord may require his tenant to carry his grain the same WIth what was called" to be grollncl. lnuesium;" hue and cry. ·pelman. BANALITY. In Oanadian law. The or BANNERET. In En- right by virtue of which a lord subjects his BANERET, h law. A. madein the the G vassals to grind at Ids mill, bake at his oven, gli knight field, by c of off the of etc. Used also of tile region within which remony cuttmg point his stand­ as it this right applied. Guyot, Repert. Univ. ard. and making it, were, a banner. Kniuhts so made are accounted so honorable BANC. Bench; the seat of t; judgmen that they are allowed to di play tllPi r arms the where a court or place permanently reg­ in the royal army, as baron do, and may its. ularly bear arms with upporters. They rank next The full full court. A in bench, "silting to ba ons; und were sometimes called" au­ bane" is a meeting of all the judges of a tilarti," 'Vharton. court, usually for th purpose of hearing ar­ BANI. Deodands. guments on demurrers, points reserved, rno­ (q. e.) tions for new trial, etc., as di tingulshed BANISHMENT. In crimina! law. A Ircm tbe silting of a single judge at the as­ puni hment intlicted upon criruin lis, by COlD­ sts � or at ni.si priu and from trials at bar. Vdling them to quit a city, place, or country BANCI NARRATORES. In old En- for a specified period of time, or for life. J gil. h law. Advocates; cou ntors ; serjeants, ee -1 Dull. 14. pplied to advocates in the common pleas It is inflicted principally upon political offend- ers the word used ex- courts. 1 BI. omrn, 24; 'ewell. I ... transportation" being to of _ a similar press punishment ordinary criminals. , , BANCO. Ital. ee BA '0. A seat or Bani hment, however, merely forbids the return � of the person banished before the expiration ot b nch of [ustic ; also, in commerce, 1\ word the sentence, while transportation involves the of Italian n stg a bank. orig nifylng idea of deprivation of liberty after the convict ar- rives at the place to which he has been carried BANeUS. In old Engli h law and prac- Rap. &L. tic. A b nch or eat In the king's hall or l polla e. Flet I, lib. 2. c. 16. § 1. BANK. 1. A bench or seat; the bench .\. high eat. or eat of di t mct icn ; a seat or tribunal occupied by tile judges; the S('(lL of judgment, or tribunal fOI the udruiuistra­ of judgment; a court. The full bench, or tion of ju tlce. full court; the a erubly of all the judge of .. '1 he Engli h court of common pleas was a court. itting ill Lank" is iI luedlllg M • It (0111 rIyal Ba ucu 0. of all the [udges of a court, usua.lj for the BA�K 118 BAXKRUPT purpose of bearing arguments on demurrers, The term" bank-bills" is familiar to everr man in this and a definite and ccr­ points reserved, motions for new trial, etc., country, conveys tain meaning. It is a written promise on the as distinguished from the itting of a single part of the bank to pay to the bearer a certain sum at the assises or at ni.�i and from judge prius of money, on demand. This term is understood by trials at bar. But, in this sense, bane is tbe the community generally to mean a written prom­ ise for the of more usual form of the word. payment money. So universal is tbi understanding that the term" bank-bills» would 2. An institution, of great value in the be rendered no more certain by adding the wON commercial to n world, empowered receive de­ "for the payment of money. 3 Scam. posits of money, to make loans, and to issue The words "bank-bill nand "bank·note," in their its promissory notes, (designed to circulate popular sense, are used synonymously. 21 Ind. 176; 2 Park. Crim. R. 37. as money, and commonly called "bank-notes" and no Bank-notes. bank-bills, promissory I or or to or "bank-bills,") perform anyone such as are issued by the directors of a bank iu­ more of these functions. corporated by the legislature of ermont, m 1111 so that the a The term "bank" IS usually restricted in the same thing; expre sion in tat­ ute "bank-bill or promissory note" is an evident its application to an incorporated body; while tautology. 17 Vt. 151. a private individual making it his business to conduct banking operations is denominat­ BANK-BOOK. A book kept by 1\ ell - ed a "banker." tonier of a bank, showing the state of his ac­ Also the house or place where such busi­ count witb it. ness is carried on. BANK-CREDITS. Accommodation al­ Banks in the commercial sense are of three lowed to a person on security gi ven to a bank, kinds, to-wit: Of deposit; of dis­ (1) (�) to dra w money on it to a certain extent agreed count; of circulation. Strictly (3) speaking, upon. the term" bank" implies a place for the de­ BANK-NOTE. A note is­ posit of money, as that is the most obvious promissory sued a bank or authorized banker. purpose of such an institution. Originally by payable tu bearer on and intended to CIrcu­ the business of banking consisted only in re­ demand, late as ceiving deposits, such as bullion, plate. and money. the like. for safe-keeping until the depositor BANK-STOCK. Shares in the capital of should see fit to draw it out for but the use, a bank; ahat es in the property of a bank. busi ness. in the progress of events, was ex­ tended. and bankers as-limed todiscountbills BAN K A B L E. In mercantile law and other and notes, and to loan money upon mortgage, Notes, checks, bank-bills. drafts, secnrities for received as cash the pawn. or other security, and, at a still later money, by banks. Such commercial as is con ill­ period, to issue notes of their own. intended paper ered of discount the bank to which as a circulating currency and a medium of worthy hy exchange, instead of gold and silver. Mod­ it is olTered is termed "bankable," ern bankers exercise two or freq uently any BANKER. A private person who keeps even all three of those functions, but it is a bank; one who is engaged in the businese still true that an in titution prohibited from of banking. exercising any more than one of those func­ BANKER'S NOTE. A commercial in­ tions is a bank, in the strictest commercial sense. strument a bank-note in every 17 Wall. 11 ; Hev. �t. U. . § 3407. resembling that it is Yen a vate 3. An acclivity; an elevation or mound of particular except gi by pri banker or Institu­ earth: usually applied in this sense to the unincorporated banking tion. raised earth bordering the sides of a water­ course. BANKEROUT. O. Eng. Bankrupt; in­ solvent; indebted the means of BANK-ACCOUNT. A sum of money beyond pay­ ment. placed with a bank or banker, un deposit. by Ii and customer. subject to be drawn out on BANKING. The business of receiving the la.tt.er+s check. The statement or com­ money on deposit, loaning money, discount­ of the putation several sums deposited and ing notes. issuing notes for circulation, col­ those drawn out the by customer on checks. lecting money on nutes deposited. negotiating entered on the books of the bank and the de­ bille, etc. positor's pass-book. BANKRUPT. A person who has' com­ BANK·BILLS. Promissory notes issued mitted an act of bankruptcy; one w ho has by a bank designed to circulate as money, done some act or Buffer d some act tu be and payable to the bearer on demand. done in consequence of which, under tbe I w 119 BA:ID\I of his countrv he is liable to be proceeded er much the modes by which he remedy may be administered 87 Cal 22'2, l\"ai n t bv hi; cre liters for the seizure and may vary. o • di tribution among them of his entire prop- BANKRUPTCY. 1. The state or condi­ erty. tion of one wh i is a bankrupt; amenability A trader who secretes himself or does cer­ to the bankrupt laws; the condition of one tain other acts tending to defraud his cred­ who has committed an act. of bankruptcy, and itors. 2 BI. Comm. 471. is liabl- to be proceeded against by his cred­ In a looser sense, an insolvent person; a itors therefor, or of une \\ hose circum tances broken-up or ruined trader. 3 tory. 453. are such that he IS entitled, on his voluntary A per on who, by the formal decree of a applicat on, to take the benefit of the bauk- C COUll, ha been declared subject to be pro­ rupt Jaw". The term is used in a looser ceeded a!(aill t under the bankruptcy 1.1\\'s, sense as synonymous With "in olvency,"­ to or entitled, on his voluntary application, inability to pay one's debts; the stopping and lake the benefit of such laws. breaking up of business because the trader is broken down, insolvent, ruined. ee2 tory, LAW. A law to 0 BANKRUPT relating 354,359. and the them in bankrupts procedure against 2. The term denotes the proceeding taken, the courts. A law providing a remedy for under the bankrupt law, again t a P"! on (or the creditors of a bankrupt, and for the re­ firm or company) to have him adjudged a lief and restitution of the bankrupt himself. bankrupt, and to have his e, tate adnu n is­ E A law which, a surren­ upon bankrupt's tered for the benefit of the creditors, and di­ den ng all his property to comtuissioners for vided among them. the benefit of his crediLors, discharges him 3. That branch of juri prudence, or system Irum the of his debts, and all Iia­ payment of law and practice, which i concerned with bilitv to arrest or suit for the same, and se­ the definttton and asccrtainmen t of acts of F cure's his future property f rorn a lia­ acquired bankruptcy and the administration of bank­ to the of his past debts. Web­ bility payment rupts' tares for the benelit of their credit- stH. ors and the absolution and re titution of A bankrupt law is distinguished from the ordi­ bankrupts. law between debtor and creditor, as involv­ G nary A to tbe distinction between bankruptcy and Ing these three general principles: (1) A sum­ insolvency, It may be said that insolvent laws op­ mary and immediato seizure of all the debtor's erate at the instance of an imprisoned debtor; (2) a distribution of it among cred­ property; ,the bankrupt laws, at the instance of a creditor. But itors in instead of merely applying a por­ general, the lino of partition between bankrupt and in olv- tion of it to the payment of the icdtvtduul com­ ent law i not so di tinctly mark as to define H and (3) the discharge of from plainant; th? d,ebtol' what belong exclusively to the one and not to the future for the debts then exrsuug. liability other cia s of laws, 4 Wheat. 122, Th leading distinction between a bankrupt law In olvency means a simple inability to pay, as an insolvent law, in tbe technical sense and proper debts should become payable, whereby the debtor's of the words, cOORi ts in the character of the per- bu iness would be broken up; bankruptcy means ons whom it is designed to operate,-the upon the particular legal status, to be ascertained and I former contemplating as its objects bankrupts declared by a judicial decree. 2 Ben. 19U, only, tbat b, traders of a certain dcscrlptdon ; the latter, in, olvents in general, or persons unable to BANKRUPTCY COURTS. Courts for Tbis has led to a marked pay their debts. separa­ the administration of lhe bankrupt laws. lion between tbe two systems, in principle and in The present Bligh h bankruptcy courts are practice. wbich in }<�ngland been cal'�­ J ,bas al\\'a�'s the London the court fully mnintaiue I, although In the Untrod tatos It bankruptcy court, of bas of lat been cffectually disregarded, In fur­ appeal, and the local bankruptcy courts cre­ it be ob­ tber Illustration of this distinction, mny ated by the bankruptcy act, 1 69. r is S rved that a bankrupt law, in its prop sense, remedv lntouded primarily for the benefit of BANLEUCA. A.1l old law term, igni- it L -ct in motion at their iustance, and K cr dlto�; fying a pace or tract of country around a upon tho again his will, (ln operate, de�tor ,t 1,11- town, or mona di and cit,',- in Its It dis- tery, llnguished result , V"UIn.,) auhougu effectually I '. l'b�lrgo him from his debt'>, An insolvent law, on I protected by peculiar prlvileges. 'pel man. the other band, Is chietly intended for tho benefit BANLIEU, or BANLIEUE. A French of th debtor, and is et in motion at his instance, and Canadian law u thou hie lJectlvo us a dl 'charge in its final re- term, having t"e same L ult, :, Hill, 3:!j'. meaning a banleura, (q. e.) Th 0111\' ub tantlal difference between a stri t, BANNERET. e lv b,i,l1 'ru"pt law and au in olvcnt lnw lie in tbe B.L'ERET. t:ir,'ulU t n e th t tho former IlIT0rds roltet upon BANNI OR BA ITUS. In old law, tho npplt , I n of th creditor, and tho lntter upon I' b. 1" 01 ban- M tucapplic Iu tue gencrul chur- ?ne ,I? ('t- ') tionofthou..,bt�r. ullt,er.1 t. c.:., an.o��.I\,V n .tcr of the m�"l)". tht'L'" I UO dJlIUI'UIICC, howev- I ished lU.1U. Brlt cc. 1_, 13, .11\ Ill. BANNI NUPTIARUM 120 B RE TRU TEE

BANNI NUPTIARUM. L. Lat. In constructive, of the court. Thus, a trial t old English law. The bans of matrimony. bar is one had before the fu 1 court, til t: n­ guished from a trial had before a Inzle judge or The BANNIMUS. We ban expel. .. at nisi prius. '0 the case at bar" is the form of of a member from the expulsion case now before the court and under it con­ University of Oxford, by affixing the sen­ sideration; the case being tried or arg led. tenee in some public places, as a promulga­ 4. In the practice of legi lati ve bodies, th tion of it. Cowell. bar is the outer boundary of the hou e, an BANNIRE AD PLACITA, AD MO­ therefore all persons, not belnsr members, LENDINUM. To summon tenants to serve who wish to address the house, or are SUIll' at the lord's courts, to bring corn to be moned to it, appear at the bar for that pur. ground at his mill. pose. 5. In another sense, the whole body of at­ BANNUM. A ban, (q. 'D.) torneys and cou nsellors, or the members of the BANNUS. In old English law. A proc­ legal profession, collectively, are figuratively lamation. Bannus reqts ; the king's proc­ called the "bar," from the place which they lamation, made by the voice of a herald, for­ usually occupy in court. They are thus drs­ bidding all present at the trial by combat to tinguished from the "bench," which term interfere either by motion 01' word, whatever denotes the whole body of judge. see or hear. Bract. fol. 142. an they might o. In the la w of contract , "bar" means all obstacle, or b 11" BANQUE. A bench; the table or coun­ impediment, preventive riel'. Thus, relationship within the prohio­ tel' of a trader, merch tnt, or banker. Banque ited is a bar to route; a broken bench or counter; bankrupt. degrees marriage. 7. It further mean' that \\ hich defeat, an­ BANS OF MATRIMONY. A public nul, cuts off. or puts an end to. Thus, a announcement. of an intended marriage, re­ provision" in bar of dower" IS one which ha the law to in a quired by English be made the effect of def'eati ng or cutting off the dower­ church or chapel, during service, on three rights which the wife would otherwise be­ consecutive Sundays before the marrluge is come entit.led to in the particular land. The celebrated. object is to afford an oppor­ 8. In pleading', it denoted a pecial plea, for to tunity any person interpose an obj-ctlon constituting a sutficient answer to an action if he knows of any impediment 01' other just. at la w; and so called because it barred, i. e., cause the why marriage Should not take place. prevented, the plaintiff Irom further pros The publication of the bans may be dispensed outing it with effect, and. if estubli hed by with by procuring a special license to marry. proof, defeated and destroyed the action alto­ Now called a III bar." BANYAN. In Ea t Indian law. AlIin­ geLher. special" plea See PLEA IN BAR. doo merchant or bop-keeper. The word is BAR law. A fep taken used in Bengal to denote the native who man­ FEE. In English the of for ages the money concerns of a European, and by sheriff, time out mind, every "Ex­ sometimes serves him as an interpreter. prisoner who is acquitted. naco Abr. tortion." Abolished by t. 14 Geo. III. C. BAR. 1. A partition 01' railing running 20; 55 Geo. III. C. 50; 8 & 9 Vict. C. 114. across a court-room, intended to separate the BARAGARIA. A concubine, general public from the space occupied by the pall. judge, counsel, jury, and others concerned whom a man keeps alone in hts house, uu­ in Par­ the trial of a cause. In the Engl ish courts connected with any other woman. La it is the partition behind which all outer-bar­ tidas, pt. 4, ti t. 14. risters and every member of the public must Baratriam committit qui propter pe­ stand. "olicitors, being otticers of the court, cuniam justitiam baractat. He is guilty are admitted within it; as are also quean's of barratry who'll' money sells JU tree. counsel, barristers with patent' of precedence, nell. and serjeants, in virtue of their ranks. Par­ BARBANUS. In old Lombardtc law. ties who appear in also are placed person An uncle, ( palmus.) within the bar on the floor of the court. 2. BARBICANAGE. In old European law. The term also designates a particular part to a barbican or watch­ of the eourt-rooru; for example, the place Money paid support tower. where prisoners stand at their trial, whence the expression" prl .oner at the bar." BARE TRUSTEE. A person to who e S. It further denotes the presence, actual or fiduciary office no d ulies w ere origi naJ!y at- BARET 121 BARON OF THE EXCHEQUEH.

tacl.CJ, or who. although such duties were to be expressed. as distinguisLed from its originally attached to his office, would, on the inner substance or essential meaning. "If requisition of his cesiui« qui trust. be com­ the bark makes for them, the pith makes for pellable in equity to convey the estate to us." Bacon. them or by their direction. 1 Ch, Div. 27J. BARLEYCORN. In linear measure. BAR E T. L. Fr. A wrangling suit. The third of an inch. Britt. c. 92; Co. Litt. 36 b. BARMOTE COURTS. Courts held in BARGAIN. A mutual undertaking, con- certain mining districts belonging to the tract. or agreement. I Duchy of Lancaster, for regulation of the C A COli tract or agreement bet ween two par- mines, and for deciding questions of title and ties, the one to sell goods or lands, and the other matters relating thereto. 8 Steph. other to buy them. 5 Mass. 360. See. also, Comm. 347, note b. 6 Conn. 5 East, 10; 6 East, 307. 91; BARNARD'S INN. An inn of chan- .. • If the word agreement' imports a mut­ eery. See L'NS OF CHA.,NCERY. D ual act of two parties, surely the word' bar­ gain' is not less significative of the consent BARO. An old law term signifying, of two. In a popular sense, the former word originally, a "man," whether slave or free. is frequently used as declaring the engage­ In later usage, a "freeman," a "strong ment of one only. A man may agree to pay man." a "good soldier," a "baron;" also a E money or to perform some other act. an-I the "vassal." or "feudal tenant or ellen t," and word is then used synonymously with • prom­ "husband," the la t being the most common ' lse or • engage." But tile word • bargain' is meaning of the word. seldom used. unless to express a mutual con­ BARON. A lord or nobleman; the most f tract or undertaking." 17 Mass. 131. general title of nobility in England. 1 BI. BARGAIN AND SALE. In convey- Comm.39, 399. ancmg. The tranarerring Of the property of A particular degree or title of nobility, a thing from one to another, upon val ua- I next to a viscouut. ble cunaidr-rution, by way of sale. hep. A [udge of the court of exchequer. 3 Bl. G Touch. (by Preston.] 221. Comm. 44; Cowell. A contract or bargain by the owner of land, A fre man, Co. Litt. 58a. Also a vassal in consideration of money 01' its equlvalent holding directly from the kinz. paid, to sell land to another person, called A hu band; occurring in this sense in the H the "bargainee," whereupon a use arises in phrase "baron et feme," husband and wife. fa VOl' of the latter. to whom the seisin is BARON AND FEME. Husband and trunsf'erred by force of the statute of uses. wife. A wife being under the protection 2 \\'asllo. Heal Prop. 128. and influence of her baron, lord, or hus-' The expr s ion "bargain anJ sale" is also band, is sty leu a "f'eme-cooert," (frzmtna vi­ applied to transfers of personalty, in cases ro coope/'ta,) and her state of Is w hel't' there is tirst an marriage executory agreement " called her" covertu reo for t he ale. (th burgain.] and then an actual and completed ale. BARONAGE. In English law. The The prop r und technical words Ito denote collective body of the barons, or of the no- J a burgu.n and ale lire "bargain and sell;" hility at large. pelman. but any other words that lire sutlicient to BARONET. An English name or title raise 11 use upon a valuable consideration are of dign ity, not a title of estab- sutlic nl. 2 Wood. Conv. 15; 8 Johns. 484. (but nobility.] Ii hed A. D. 1611 by James 1. It is created K BARGAINEE. The party to a bargain by letters patent, and descends to the male to \\ hom the SUbject-matter of the bargain heir. Spelman. or thinE!; ned for is to go; the grantee bargai BARONS OF THE CINQUE PORTS. il'! a deed of bargain and sale. Members of parliament from these ports. L BARGAINOR. Th party tu a bargain viz.: and \\ ich, Romney, Hastings, Hythe, '" ho i to perform the contract by delivery an I Dover. Winchel ea and Rye have been 01 the s rbject-matt r. added. BARK. I� ometimes figuratively used to BARONS OF THE EXCHEQUER. M denot th 10 re word ur I tl er of an mstru­ The six: judges of the court of exchequer in IIICllt, '>1' outer l'OI ring of the ideas sought England, of whom one is styled the "chief B.\RONY 122 BA E E TATE

baron;" answering to the justices and chief BARRETOR. In criminal law. Acom­ justice of other court'. mon mover, exciter. or maintainer of uits and either in courts or ell ew here in BARONY. The dignity of a baron; a quarrels the a disturber of the who species of ten ure; the territory or lands held country; peae false rumors and calu mnies, whei by a baron, Spelman. spreads ebj discord and disquiet may grow among neisrh- BARONY OF In a LAND. England, bors, o. Litt. 36�. quantity of land amounting to 15 acres. In BARRETRY. In criminal law. The Ireland, a subdivision of a county. act or offense of a barretor, (q. 0.;) usually or BARRE. In old A BARRA, practice. called" common barretry." The offen '6 of in bar. The bar of the court. A bar­ plea frequently exciting and stirring up lilts and rister. quarrels. either at law or otherwise. 4 BI. BARRATOR. One who is guilty of the Oornrn. 134; 4 Steph. Corum. 262. crime of barratry. BARRIER. In mining law and the usaze BARRATROUS. Fraudulent; having of miners, is a wall of coal left between the character of barratry. two mines.

BARRATRY. In maritime law. An BARRISTER. In English law. An ad­ one who has been called to the bar. act committed by the master or mariners of a vocate; A counsellor learned in the law who vessel, for some unlawful or fraudulent pur­ pleads at the bar of the courts, and who is pose, contrary to their duty to the owners, engaged in conducti the trial or of call es, whereby the latter sustain injury. It may ng argument To be from the \\ ho incl ude negl .gence, if so gross as to evidence distinguished attorneu, fraud. 8 Cranch, 49; 2 Oush, 511; 3 Pet. draws the pleading. prepares the testimuny, 230. and coud ucts mutters Oil L of COli rt. Inner barrister, A or kina's Barratry is some fraudulent act of the master or serjeant mariners, tending to their own benefit, to the prej­ counsel who pleads within the bar. udice of the owner of the vessel, without his priv­ OU8te1' barrister, One who pleads "ouster" or consent. 2 67. ity Caines, or without the bar. Barratry is a generic term. which includes many Vacation barrister, A counsellor acts of various kinds and degrees. It compre­ newly hends any unlawful, fraudulent, or dishonest act of called to the bar, who is to attend fur several the master or mariners, and every violation of duty long vacations the exercise of the house. by them arising from gross and culpable negligence contrary to their duty to the owner of the vessel, BARTER. A contract by which parties in and which might work loss or injury to him the exchange goods or commodities for ot.her course of the insured. A mutiny of the voyage goods. It differs from sale, in this: that in crew, and forcible dispossession by them of the the latter transaction or are master and other officers from the ship, is a form goods property of barratry. 9 Allen, 21 t. always exchanged for money. In criminal law. Common barratry is This term is not applied to contracts con­ but the practice of exciting groundless Judicial ceruing land, to such only as relate to proceedings. Pen. Code Cal. § 158; Pen. goods and chattels. Barter is a contract by Code Dak. 191. which the parties exchange goods. 4 BIS • 123. Also spelled "Barretry;" which see. In Scotch law. The crime committed by BARTON. In old Engli II law. The de­ mesne land of a a farm from a judge who receives a bribe for his judg­ manor; drstlnct ment. 'kene; Brande. the mansion. BARREL. A measure of capacity, equal BAS CHEVALIERS. In old Engll.'h to thirty-six gallons. law. Low, or inferior knights, by tenure of In a base as from agricultural and mercantile parlance, as military fee. dlstinguished also in the inspection la ws, the term" barrel" barons and banmerets, who were the chief or Cowell. means, prima facie, not merely a certain superior knights. but, a certain quantity, further, state of the BAS VILLE. In French law. Thesub­ article; that it is in a cask. 11 namely, urbs of a town. Ired. 72. BASE COURT. In English law. A.ny BARREN MONEY. In the civil law. inferior court that is not of record. a a court A debt which bears no interest. baron, etc. Kitch. 95, 96; Cowell. BARRENNESS. terillty ; the incapac- BASE ESTATE. The estate which "lJa e to bear chillren. ity tenants" (q. '0.) have in their land. o \\t; II. BA. E FEE 123 BATABLE-GROUXD

BASE FEE. In English law. An BASTARD. An illegitimate child; a tate or tee which has a qualification subjoinedeS·1 child born of an unlawful intercourse, and thereto, and which must be determined while its parents are not united in mirrtage. whenever the qualification annexed to it is A child born after marriage, but under at an end. 2 B1. Comm. 109. circnmstances which render it impo ible that the husband of his mother can b his BASE-INFEFTMENT. In cotch law. father. 6 Bin. 2 3. A dispo ilion of lands by a vassal, to be held One begotten and born out of lawful wed­ of lnrnself. lock. 2 Kent, Comm. 20 . BASE RIGHT. In Scotch law. A sub- One born of an illicit union. Civil Code C ordinate right; the right of a subvassal in La. art. 29, 199. the lands held by him. Bell. A bastard is a child born out of wedlock, and whose parents do not subsequently inter­ BASE SERVICES. In feudal law. marry, or a child the issue of adulterous in­ Such services as were un worthy to be per­ tercour e of the wife during wedlock. Code D formed by the nobler men, and were per­ Ga. 11:11:12, § 1797. formed by the peasants and those of servile rank. 2 BI. omm. si. BASTARD EIGNE. In old Engli h In w. B:\ tard elder. If a child was born of BASE TENANTS. Tonants who per­ an illicit connection, and afterward' the formed to their lords services in villenage; E parents intermarried and hat! another on, tenants who held at the will of the lord, as the elder was called "btl tard eigne," and from or free­ distinguished frank tenants, II the "mulier t. after­ holders. Cowell. younger puisne, e., wards born or the wife. '00 2 Bl. Com m. BASE TENURE. A tenuro by villen­ 248. F or ag , other customary service, as distin­ BASTARDA. In old Enzll h law. A guished from tenure by military service; or female bastard. Fleta, uu. 5, c. 5, 40. from tenure by free service. Cowell. §

BASTARDIZE. To declare one a bas- BASILEUS. A Greek word, meaning G " " tare), as a court does. To give evidence to ki ng. A title ass u rued by the em perors of one a bastard. A mother the Ea tern Roman Empire. It is used by prove (married) cannot bastardize her child. Jusunlun in some of the Novels; and is said to have been to the be- applied English kings Bastardus nullius e t tllius, aut filius fore the ee 1 HI. Corum. 242. ouquest. populi. A ba tard Is nobpdy's son, or the H son of the people. BASILICA. The name Ili ven to 1\ com­ of Roman and Greek pilation law, prepared Ba tardus non pote t habere hmredem about A. D. 1:10 the Basrli by Emperor us, nisi de corpore uo legitime procreatum. and published by his lice s or, Leo the Phi­ A bastard can howe no heir unle s it be one I losopher. It was written in Greek, was lawfully begotten of his own body. Tray. mainly an abridgment of Ju tinluu's Oorpus Lat. Max. 51. Juris, and comprised Sixty books, only a por­ BASTARDY. The offense of tion of which are extant. It rernui lied the begetting a bastard child. The condition of a bastard. J law of the Eu tern Empire until the fall of Con tantinople, in 1453. BASTARDY PROCESS. The met ho I provided by statute of proce ding again t the BASILS. In old English law. A kind putative father to secure a proper mainte- of money or coin abolished by lIen ry lI. nance for the bastard. K BASIN. In admiralty law and marine BASTON. In old Engli h law, a b.iton, In urnnce. A pnrt of the sea inclosed in club, or staff. A term applied to onlcers of rock. 13 mer. Jur. 2 6. the wardens of the pri 'on called the" Fleet," BASKET TENURE. In feudal law. becau e of the taff carrted by them. Cowell: l L nd h ld by lhe service of making the pelman: Termes de la Ley. baskets. king' BATABLE-GROUND. Land that is in BASSE ,JUSTICE. In feudal law. Low controversy, or about the pos e 'ion of which [u- lice; til r: ht exerci ed by f udal lord' there is a di pute, a the lands which were M of P I 'on all." tr."in� person Chul'g d with ituated bet we ell Fnrland and cotland be­

t r _ pn es or minor tl'en 'C • fore the Iniun. kene, BATAILLE 124 BE CO�

BATAILLE. In old English law. Bat­ the crime either of adultery or of rorutc.itiou. tel; the trial by combat or duellum. See 4 Mo. 216.

BATH, KNIGHTS OF THE. In En­ BAWDY-HOUSE. .A. bouse of prostitu­ glishlaw. Amilitaryorderofknighthood. in­ tion; a brothel. A house or dwellin rill ill­ stituted by Richard II. The order was newly tamed for the convenience and resort or per­ regulated by notifications in the London Ga­ sons desiring unlawful sexual connection. zette of 25th May, 1847, and 16th August, BAY. A pond-head made of a 1850. Wharton. great height to keep in water for the supply of a BATIMENT. In French marine law. A mill, etc., so that the wheel of the mill lDay vessel or ship. be turned by the water ru hing thence, through a passage or flood-gate. 't. 27 Eliz. BATONNIER. The chief of the French c. 19. Also an arm of the sea surrounded by bar in its various centres, who presides in land except at the entrance. the council of Arg. Fr. Merc. discipline. In admiralty law and marine insurance. Law, 546. bending or curving of the shore of the sea or BATTEL. Trial by combat; wager of of a lake. 14 N. H. 477. An opening into battel, the land, where the water is shut in on all sides except at the entrance. 13 Amer. Jur. WAGER OF. In old BATTEL, English 286. law. A form of trial anciently used in ruili­ tary cast's, arising in the court of chivalry BAYLEY. In old Engli h law, Bailiff. and honor, in appeals of felony, in criminal This term is used in the la ws of t.he colony of cases, and in the obsolete real action called a New Plymouth, Mass., A. D. 1670, 1671. "writ of action." The question at issue was Burrill. decided by the result of a personal combat BAYOU. A species of creek or stream between the parties, or, in the case of a writ common in Louisiana and Texas. An out­ of right, between their champions. let from a swamp, pond, or lagoon, to a river, BATTERY. Any unlawful beating, or or the sea. See 8 How. 48, 70. -ot her wrongful physical violence or con­ BEACH. This term, in its ordiuary Sig­ straint, inflicted on a human being without nification, when applied to a place on tide­ his consent. 2 Bish. Crim. Law, § 71. waters, means the space between ordinary A battery is a willful and unlawful use of high and low water mark, or the space over force or violence upon the person of another. which the title usually ebbs and tlows. It is Pen. Code Cal. § 242; Pen. ('oLle Dak. § 306. a term not more slguificant, of a sea margin The actual offer to use force to the injury of an than "shore." 13 257. other person is assault; the use of it is battery; Gray, hence the two terms are commonly combined in the The term designates land washed by the sea and n term "assault and battery. " its waves; is synonymous with "shore. 21i Me. 180. BATTURE. In Louisiana, .A marine When used in reference to places near the sea, term used to denote a bottom of sand, stone, beach means the land between the lines of high water and over tide ebbs and or rock mixed together and rising towards the low water, which the flows. 48 Me. 68. surface of the water; an elevation of the bed Beach means the sbore or strand. 15 Me. 237 . of a river under the surface the of water, Beach, when used in reference to places any­ since it is rising towar.ts it; sometimes, how­ where in the vicinity of the sea, means the terri­ u the lines of water and low ever, ed to denote the same elevation or the tory lying between high water, over which the tide ebbs and flows. It is in bank when it has risen above the surface of this respect synonymous with "shore," "strand," the or water. is as as the land on high the 5 335. or "flals." Gray, 82 , outside of the bank. In this latter sense it is Beach generally denotes land between high and low water mark. 6 257. synonymous with "alluvion." It means, in Hun, common-law language, land formed by ac­ To "beach" a ship is to run it upon the cretion. 2 Amer. e Eng. Ene. Law, 157. beach or shore; this is freqnently found nec­ See 6 Mart. (La.) 216; 3 Woods, 117. essary in case of fire, a leak, etc. BAWD. One who procures opportunities BEACON. A light-house, or sea- mark. tor of persons opposite sexe to cohabit in an formerly used to alarm the country, in case illicit manner; who may be. while exercising of the approach of an enemy, but now used the trade of a bawd, perrectly innocent of for the guidauce of ships at sea, by night, as in hi cornuiltttng ur her own proper person well as by day. BEACOXAGE 125 BEER-HOC'"E

BEACON AGE. Money paid for tbe which enacts that neither in the circuits of maintenance of a beacon or signal-hgbt. the ju tices, nor in counties, hundreds, or court -baron, any fines shall be taken for BEADLE. In English ecclesiastical law. i. e for not or •• plea ling fairly An inferior parish officer. who is chosen by fair-pleading, aptly to the purpo e; upon this statute. then, the VI:' try. and wbose busi ness is to attend this writ was ordained, addre e I to the sher­ the vestry. to give notice of its meetings. to iff, bailiff, or him who shall demand s uch execute its orders. to attend upon inquests, him to demand an alias, and to assist the constables. Wharton. fine. prohibiting it; pluries, and attachment followed. Fitzh. BE A M S AND BALANCE. Instru- ..:at. Brev. 590. c ments for weighing goods and merchandise. BED. The hollow or channel of a water­ BEAR. In the of the stock ex- language course; the depression between the banks this term denotes one who change, speculates worn by the regular and usual How of the for a fall in the mal keto waler.

soil so o BEARER. One who carries or holds a "The bed is that usually covered "\ hen a etc is water as to be d i from the thing. check, note, draft. .• I by rtinguishable banks the character of the or payable to "bearer." it imports that the con- by soil. vegeta­ or the common tents thereof shall be payable to any person tion, both. produced by pres­ ence and action of water." Curtis. who may present the instrument for pay- flowing E ment. J .• 1:3 How. 426. The term al 0 occur in the phrase "di vorce BEARERS. In old English law. Those from bed an.l board." a mt'nsa et thoro; w ho bore down upon or oppressed others; where it seem to indicate tile rigbt of co­ niuintai ners. Cowell. habitat on or marital intercourse. F BEARING DATE. a date Disclosing BED OF JUSTICE. In old French law. on I l race; I·iavmg a certalam date. TIlese " ' . The eat or throne upon which the king sat word s are 0 ften used In conveyaucmg, an d , when rent to hence 1,' PCI onally pre pnrlt.unent: i n peaI d ing, to0 I10 t d uce tlie d ate WulC 1 I Iias ,1'0 it i gnified the parliam nt u elf. been put upon an Instrument. G w, mes- . BEDEL. In English la crier or BEAST • A n ammm1 ; a dome tlic aru'Imau I of who summons men to ,I senger court, appear sue I I ' a quadruped , as may be useu f'or l'00d . and an wer therein. Cowell. or 10 I a bor or for spor t . An officer of the forest. similar to a sber- BEASTGATE. In uffolk, Eugl.md, Irn- ilT's special bailiff, Cowell. H ports land and common for one beast. 2 collector of rent for the king. Plowd.

trange, 1084j Rose. Heal Act. 485. 199. 20 , A well-known pari h officer. ee BEADLE. BEASTS OF THE CHASE. In English law. The buck, doe. fox, martin. and roe. BEDELARY. The [urtsdiction of a be- '0. Litt, 2J3a. del. as a bui I i wick i the j II ri diclion of a LiLt. BEASTS OF THE FOREST. In En- bailiff. Co. 234b,' Cowell. glish law. Th hart, bind. hare, boar, and BEDEREPE. A service which certain o. Lilt. wolf. 233a. tenant were anciently bound to perform. as J to their landlord's corn at harvest. BEASTS OF THE PLOW. An old reap Said by WllI-ltaw to be still in ex) tence in some t rID for annuals employed 10 the operations arts of Blount; Whi- of husbandry. I England. Cowell; haw. BEA ST S OF THE WARREN. In K BEER. A liquor compounded of malt Engli h 11\ W. Hares, coneys, 1\1Id roes. Co. and hops. Litt. �;13; 2131. omm, 3U. In it ordinary sense. denotes a beverage .B T. To beat. in a 1 ani sense. is not which is intoxicating. and i w ltlnn the fair In 1'('1), to whip. wound, or hurt. hut includes meaning of the word "strong 01' spirituous L any unlaw ful Imposition of lh hand or arm. liquors," used in the tatutes on this subject, 'I'he light t touctuuz of another in angel' 31'ark. Crim. R. 9j 3 Denio. 437; 21 N. Y. is a batt ry. 60 Ga. 511. 1i3. To the contrary. 20 Barb. 246. BE U-PLEADER. (to pi au fairly.) In BEER-HOU E. In English law. A M ngh h I w. An obst'l 1 writ upon the place wbere beer i old to be consumed on stutut of M Ill. th e : 1\ di t rlbridg • (5�lIen. c.ll.) premi inguished frOID a "beer- BEFORE 126 BEl: H WARTIAXT shop." which is a place where beer is sold to or proof addressed to the judgment. Belief .. be consumed off the premises. 16 Ch. Div. is to be distingui hed from .. proof;" evi­ 721. deuce," and "testimony." ee EYID�·CE. With regard to things which make not a 'l"ery BEFORE. Prior to; preceding. In the deep impression on the memory. it may be called tinder the official as presence of; purview of; "belief." "Knowledge" is nothing more than a in a magistrate's jurat, "before me person­ man's firm belief. The difIerence is ordinarily ally appeared," etc. merely in the degree; to be judged of by the court, when addressed to the court; by the jury. when In the absence of any statutory provision addressed to the jury. 9 Gray, 274- the au­ governing computation of time, the The distinction between the two mental condl­ thorltles are uniform that. where an act is tions seems to be that knowledge is an assurance a or founded on required to be done a certain number of days of fact proposition perception by the senses, or intuition; while belief is an assur­ .or weeks before a certain other day upon ance gained by evidence, and from other person which another act is to be done. the day upon Abbott. which the first act is done is to be excluded BELLIGERENT. In internationnllaw. from the computation, and the whole num­ A tern, used to designate either of two na­ ber of the days or weeks must intervene be­ tions which are actually in a state of war fore the day fixed for doing the second act. with each other, as well as their allies active­ Q3 Wis. 44, 22 N. W. Rep. 844, and cases as from a na­ cited. ly co-op-rating: distinguished tion which takes no part in the war and BEG. To solicit alms or charitable aid. maintains a strict indifference as between The act of a cripple in passing along the side­ the contending parties, called a" neutral." walk and silently holding out his hand and Bello cedunt reipublicre. recei ving money from passers-by is "iJegging parta Things in war or to the tate. 1 for alms," within the meaning of a statute acquired belong go Kent, Oomm , 101; 5 . Rob. Adm. 173.181; which uses that phrase. 3 Abb. N. 0.65. 1 Gall. 558. The right to all captures ve ts BEGA. A land measure used in the East primarily in the sovereign. A fundamental Indies. In Bengal it is equal to about a maxim of public law. ,third part of an acre. BELLUM. In public law. War. An BEGGAR. One who lives by begging armed con Lest between nations; the state of or who no means of charity, bas other sup­ those who forcibly contend with each other. than solicited alms. port Jus belli, the law of war. BEGUM. In India. A lady, princess, BELOW. In practice. Inferior; ot in­ woman of rauk, high ferior jurisdiction. or jurisdiction in the first BEHALF. A witness testifies on "be­ instance. The court from which a cause is half" of the party who calls him, notwith­ removed for review is called the "court be­ standtng his evidence proves to be adverse loui." to that party's case. 65 Ill. 274. See, fur­ Preliminary; auxiliary or instrumental. ther. 12 Q. u, 693; HI Q. B. 512. Bail to the sheriff is called" bail below," a being preliminary to and intended to secure BE H A V lOR. Manner of behaving, the putting in of bail above, or special whether good or bad; conduct; manners; bail. carriage of one's self, with respect to pro­ priety and morals; deportment. Webster. BENCH. A seat of judgment or tribunal urety to be of good behavior is said to be for the administration of justice; the seat a larger requirement than surety to keep the occupied by judges in courts; also the court peace. itself, as the "King's Bench," or the aggre­ gate of the judges composing a court, as in BEHETRIA. In pan ish law. Lands the phrase" before the full bench." situated in places where the inhabitants had The collective body of the judges in a state the right to select their own lords. or nation, as distinguished from the body of BEHOOF. Use; benefit; profit; service; attorneys and advocates, who are called the It advantage. occurs in conveyances, e. g., "bar." .. to hi and thei r use and behoof." In English ecclesiastical law. The aggrtr gate body of bishops. BELIEF. A conviction of tbe truth of a proposition. existing subjecti vely in the BENCH WARRANT. Process is ued .. mimi, and induced by argument, persuasion, by the coui t. itself. or from the bench," tor UE.· lIERS 127 BE.·EFICIUM the attachment or arrest of a person; either I BENEFICIAL. Tending to the benefit in case of contempt, or where an indictment of a person; yielding a profit, advant.ure, or }ta been found, or to bring in a wit ness who benefit; enj Iyino or entitled to a benefit or does not ob y th uupcena. ,0 called to di - profit. 'I'ln term i applied bolh to estate tmguish it from a warrant issued by a ju - (as a "beneficial interest") and to persons, uce of t.he p ace, alderman, or eommtssioner, (as" lhe beneficial owner.") BENCHERS. In English I,IW. eniors BENEFICIAL ENJOYMENT. The in the inns of court, usually, but not neces­ enjoyment which a man has of an estate in sarily. queen's counsel, elected by co-optation, his own right and for h's own benefit, and and having the entire management of the not as trustee for another. 11 H. L. Cas. c prop- rty of Lhei r re pecti ve inns. 271.

BENE. Lat. Well; in proper form; le­ BENEFICIAL INTEREST. Profit, gaily; sufficiently. benefit, or advantage resulting from a con­ Benedicta est expositio quando res tract, or the owner hip of an estate as dis- D redimitur a destructione. 4 Coke, 26. tinct from the legal ownership or control, 13l1'3:;ed is the when is I exposition anything BENEFICIAL POWER. In _Tew York saved from destruction. It is a laudable in­ law and practice. .A power which has for terpretation \V hich gi ves etIect to the i nstru­ its object the donee of the power, and which ment, and does not allow its purpose to be E is to be executed solely for bis benefit; as dis­ frustrated. tinguished from a trust power, which has BENEFICE. In ecclesiastical law. In for its object a person other than the donee, its t -clmical sense, this term includes ecclesi- and is to be executed solely for the benefit of

which rank or .. to . asuc.il [ refertneuts public such person. 7;3 :. Y. 23-1; Rev. t. � Y. F otlice IS attached, otherwise described as cccle- : 79. :;ia tical or as dl�nitles olli�es, sUCh. BENEFICIARY. .A term II gge, ted by ries, deaneries, and the like: but m popularUiSIItIJl-1 ., . .. a su titI u e .' Jut1 rre ton' as b t for ces tuiU� que acceptut.ion, It IS al most ID variubly appropri- :, .. 7'Wi tell t0 sorue ex ten t . OJ ttl• ant uuop 1..:tory, t uaI cu- ated to rectortes, vicarages, perpe � G E J ;Pl . racies, distrlct churches, aml endowed � .

. e lat iI' In nosse Ion 0f a b nefi a I so .). q!.!. Itl,r. - ceo . elrtes. oJ tep II. Comm. 77 Chap-I . t havi I ie en­ .. Ilenellcn" is a term derived from lhe feu- �\ � ,I, joymencestlHtf]lfle0 properrll't'tOry. 0Ir)erSOIW llCh aVtlDga rustee, ex- dul Iaw, in which it igni!!eu a permanent ecutor, etc., hus the legal 10- e.: Ion. H stipendiary estate, 01' an state held by feu-

dal tenure. 3 Steph , COWIlI. 77, note i; 4 BENEFICIO PRIMO [ECCLESIAS­ HI. 'omm.107. TICO HABENDO.] In Lnnllsh law. An ancIent w rit, \\ Inch wa addre ssed the BENEFICE DE DISCUSSION. In by kinsr to the 10rJ ch.rnce.lor, to bestow tile French law. BenE'fit of discussion. The b nerlce that should first fall in the royal right of a guarantor to require that the cred­ gift. above or under a specified value, upon a itor should e x hau l his reeour e agamst the person named therein. Reg. Orig. 307. principul U 'bLol before having recourse to the guarantor him elf. BENEFICIUM. In early feudal la.w. A J BEN E F ICE DE DIVISION. In benefice; a pernrment ttpendiary e tate; the arne with what was afterwards a F'reneh law. Ben fit of di of called vision; right .. Ii f," "feud." or "fee." 3 Comm. contributlon 1\ bet w en co-sureties. teph. 77, note i; Spelmuu. BENEFICE D'INVENTAIRE. In In the civil law. A benefit or favor; K FI nch law. term which corresponds to any particular privilege. Dig. 1,4,3; Cod. the inceniarii of Homan law, and .... • beneficium com. 7,l;w.ac'eu.7 k I" 1) La'W, 196 • sub tantially to th English law doctrine that A general term applied to ecclesiastical the . ecutor IS only lia- properly uccouutmg living. -1 BI. Comru. 107; Cowell. bl to the xt nt of uie Ii sets recei ved by l hnn. BENEFICIUM ABSTINENDI. In Homan law. The er of an heir to abstain BENEFICIAIRE. In French law. The pow from accepting the inheritance. Sandars, p r 'on in wh favor a promi ory note or .J u .t. In t. (5th Ed.] 2 H. lull or (' char (Y1;l i pay.ibl ; or an) person in M \\ Ill) e fin or a lont r.u t of any descripucn I' BENEFICIUM CEDENDARUM AC-

e ute I. .\1' T. 1:'1'. _1 r . La w, 547. I TIO UM. In Hom.1D la w. The privilege BE.8 EFICIU.ll CLERICALE 128 nE�EFIT ",OC!ETIE�

by which a surety could, before paying the ing from those courts in certain particu ir creditor, compel him to make over to him the cases. Afterwards, it. meant a privilege of actions which belonged to the stipulator, so exemption from the punishment of death as to aVHiI himself of them. Sandars, Just. accorded to such persons as were clerk, 01 Inst. (5th Ell.) 332, 351. who could read. This privilege of from capital puni b­ BENEFICIUM CLERICALE. Benefit exemption ment was anciently allowed to clergymen only, of which see. clergy, but afterwards to all who were connected wilh �he church, even to its most subordinate offico!":!, and BENEFICIUM COMPETENTIlE. In at a still later time to all persons who could read, Scotch law. The of privilege competency. (then called "clerks, ") whether eccteetesue or A privilege which the grantor of a gratuitous laymen. It does not appear to have been extended to cases of nor did it to mere obligation was entitled to, by which he might high treason, apply misdemeanors. The privilege was claimed Iter retain sufficient for his subsistence, if, before the person's conviction, by a species of motion in the 116 was reduced to fulfilling obligation, arrest of judgment, technically called" praying his indigence. BpI!. clergy." As a means of testing his clerical char acter, he was given a psalm to read, (u ually, or In the civil law. The right which an always, the fifty-first,) and, upon his reading it insolvent debtor had, among the Romans, on correctly. he was turned over to the ecclesiastical for benefit making cession of his property the courts, to be tried by the bishop or a jury of twelve of his creditors, to retain what was required clerks. These heard him on oath, with his wit­ nesses and who attested their I>&­ for him to live honestly according to his con­ compurgators, lief in his inuocence. This privilege operated dition. 7 Toullier, n. 258. greatly to mitigate the extreme rigor of the crim­ BENEFICIUM DIVISIONIS. In civil inal laws, but was found to Involve such gro abuses that parliament began to enact that certain and Scotch law. The of one of sev­ privilege crimes should be felonies 'without benefit of to insist II eral co-sureties (cautioners) upon clergy, and finally, by St. 7 Geo. IV. c. 28, � 6, it paying only his pro rata share of the debt. was altogether abolished. The act of congress of Bell. April SO, 1790. § SO, provided that there should be no benefit of clergy for any capital orime agains, BENEFICIUM INVENTARII. See the United States, and, if this privilege formed a of the oommon law of the several states BENEFIT OF INVENTORY. part before the Revolution, it no longer exists. Beneficium non datum nisi propter BENEFIT OF DISCUSSION. In the officium. Hob. 148. A remuneration not civil law. The right which a surety has to given, unless on accountof a dutyperformed. cause the property of the principal debtor to BENEFICIUM ORDINIS. In civil and be applied in satisfaction of the obligation in Scotch law. The privilege of order. The the first instance. Civil Code La. arts. 3014- privilege of a surety to require that the cred­ 3020. itor should first the proceed against principal In Scotch law. That whereby the antec-d­ and exhaust his bim, before remedy against ent heir, such as the heir of Ii ne in a pur urt to the Bell. resorting surety, against the heir of tailzie, etc., must be til' to BENEFICIUM SEPARATIONIS. In pursued to fulfill the defunct's deeds and pay the civil law. The right to have the goods his debts. This benefit is likewise compe­ of an heir separated from those of the testator tent in many cases to cautioners. in favor of creditors. BENEFIT OF DIVISION. Same as BENEFIT BUILDING SOCIETY. beneficium divisionis, (q. e.) The original name for what is now more BENEFIT OF INVENTORY. In the commonly called a "building society," (q. e.) civil law. The privilege which the heir ob­ BENEFIT OF CESSION. In the civil tains of being liable for the charges and la w. The release of a debtor from future debts of the succession, only to the value of imprisonment for his debts, which the law the effects of the suceesslcn, by causing an operates in his favor upon the surrender of inventory of these effects within !'he time his property for the benefit of his creditors. and manner prescribed by law. Civil Code Puth. Proc. Oi vil, pt. 5. c. 2, § 1. La. art. 1032. BENEFIT OF CLERGY. In its orig­ BENEFIT SOCIETIES. Under this inal sense, the phrase denoted the exemption and several similar names, in various states. which was accorded to clergymen from the corporations exist to recei ve periodical p y­ jurisdiction of the secular courts. or from ar­ ments from members, and hold them a a rest or attachment on criminal process issu- fund to be loaned or gi ven to members need- BE.'ERTH 12� REHCARIC'S in;! pecuniary relief. uch arc beneficial so- I 111 �I.I s. 268; 31 "Y. J. Eq. 695; 23 Minn. cleties of Aary.and, Iund associations of �1is- 92. and funcl of )[a sa- souri, loan associations BENEVOLENT SOCIETIES. In En. mechan c·' of �.1icbi­ chusetts, associations glish law. cieties establi hed and reai . societies of ..:Tew gan, protection Jersey. tered under the friendly societies act, 1 75, . ocieties in Great Britain are a still Friendly for any charitable or benevolent purposes. more exten si ve and important species belong­ ing to this class. Abbott. Benigne faciendre sunt interpreta­ tiones ehartarum, ut res magis valeat BENERrH. A feudal service rendered quam pereat; et qurelibet concessio for- by the tenant to his lord with plow and cal t. ti sime contra donatorem interpretanda C Cowell. est. Liberal interpretations are to be made of deed, so. th It the r ither BENEVOLENCE. The doing a kind purpose may stand than fall; and is to be or helpful action towards another, under no every grant taken most the '* obligation except an ethical one. strongly against grantor. Mass. 134; 1 andf. Ch. 258, 26 . D Is no doubt. distinguishable from the words and "liberality" "charity;" for,although many Benigne faciendre sunt interpreta­ charitable inst.itut.ions are very properly called .. tiones, laicorum, benevolent," it is impossible to say tbatevery ob­ propter simplicitatem ject of a man's benevolence is also an object of his ut res magis valeat quam pereat. Con­ charity. 3 Mer. 17. structions [of written instruments] are to be E In public law. Nominally a voluntary made liberally, on account of the simplicity gratuity given by subjects to their king, but of the laity, [or common people.] in order in reality a tax or forced loan. that t.he tiling [or SUbject-matter] may rather have effect than perish, [or become void.] BENEVOLENT. This word is certain­ Co. Lilt. 36aj Broom, Max. 540. F ly more indefinite, and of far wider range. sententia in verbis than" charitable" or "rellgtous ;" it would Benignior gener­ alibus seu est 4 Include all gifts prompted by good-will 01' dubus, prrefereoda. The more favorable COil. kind feeling towards the recipient, whether Coke. 15. truction is to be on or doubtful ex- an object of chanty or not. The natural and placed genoral G Ions. usual meaning of the word would so extend pres it. It has no legal meaning separate from Ben1gnius lege interpretandre sunt it usual "Charitable" has ac­ meaning. quo voluntas earum con ervetur. Laws a in quired settled limited meaning law, are to be more liberally interpreted, in order it within known limits. But H which confines that their intent may be preserved. Dig. 1. In all the deci ions In 011 the Bub­ England S, 1 . [ect it ha been held that a devise or bequect BEQUEATH. To gi ve personal property for benevolent objects. 01' in tru t to givE' to by Will to another. 13 B'irb. 10'. The word uch objects, i too indeflnlte, and th-refore be con 'trued deoise, so as to real es­ void. 19 N. J. Eq. 3U7, 813; 20 N. J. Eq. may pass tate. 11. 4 9. Wig. Wills, Thi word. 11'1 applied to objects 01' pur- BE�UEST. A gift by will of personal POSt'. may refer to those which are in their property; a legacy. nature chad table, and may also have a broad-I A specific bequest is one whereby the tes- J r meaning and include objects and purposes tater gives to the legatee all his property of a not charitable in the ll·gal sen e of that word. certain class or kind; as all his pure persox­ Ac of kindness, friend hip, forethought, or alty. go l-wrll might properly be described as A resi.tuaru bequest is a gift of all the re- K ben volent. It ha therefore been held that mainder of the test tor' personal estate, aft- gi ft to tru t i to be applied for" benevo- er payment of debts an I leg icies, etc. " lent purpo e lit their di cretion, or to such An executory bequest is the bequest of a .. " benevolent purpo e as t.hey could agree future, deferred, or contingent interest in upon, do not create 1\ public charity. But personalty. L where the word i used in con nection with BERCARIA. In old English law, a sheep- liter word exph natory of Its meaning. and lold; also a place where the bark of trees indict tin the iut nt of the donor to limit it was laid to tan. to pUIPO strictly hurrtable, it has been h lei to b ynonymou with. or equivalent BERCARIUS, OR BERCATOR. AM to, "charit 1111 ." 1 ... ;\la' . 418. ee, al 0, shepherd. A:u.DICT.LAw-9 BEREWICHA 130 BETWEEX

BEREWICHA, or BEREWICA. In of nature by man or woman in any manner old English law. A term used in Domes­ with a beast. Code Ga. 1 2, � 4354. day for a village or ham let belonging to some We take it that there is a difference in ignific town or manor. tion between the terms "bestiality." and tbe "crime against nature." Bestiality is a conneo­ BERGHMAYSTER. An officer having tion between a human being and a brnte of the op­ posite sex. Sodomy is a conneotion between two charge of a mine. A bailiff or chief officer human beiugs of the same sex,-the male.-named the miners. in addi­ among Derbyshire who. from the prevalence of the sin in adonl.. Botb tion to his other duties, executes the office of may be embraced by the term "crime against nat­ II coroner among them. Blount; Cowell. ure, as felony embraces murder, larceny, etc., though we think that term is more generally BERGHMOTH, or BERGHMOTE. used in reference to sodomy. Buggery eem to include both and 10 Ind. 3;".6. The ancient name of the court now called sodomy bestiality. "barmote." (g. '0.) BET. Bet and wager are ynonymous terms, and are both to tbe contract BERNET. In Saxon law. Burning; the applied of betti ng or wagering and to the tlli nz or crime of house burning. now called" arson." sum bet or For one bel Cowell; Blount. wagered. example. or wagers, or lays a bet or wager of so much, BERRA. In old law. A plain; open upon a certain result. But these terms can­ beath. Cowell. not properly be applied to the act to be done, or event to happen, upon which the btt or BERRY, or BURY. A villa or seat of wager is laid. Bets or wagers may be la d habitation of a nobleman; ad welling or man­ upon acts to be done, events to happen, or sion house; a sanctuary. facts existing or to exist. The lid.' or \\'<1- BERTON. A large farm; the barn-yard gel's may lie illegal. and the acts. events, or facts which are laid not be. of a large farm. upon they may Bets or wagers may be laid upon games. ami BES. Lat. In the Roman law. A di­ things that are not games. Everything up­ vision of the or of as, pound. consisting on which a bet or wager may be laid is not II uneire. or duodecimal and eight parts, game. 11 Ind. 16. See, also, 81 .... Y. 53\). amounting to two-thirds of the as. 2 BI. BETROTHMENT. Mutual or Comm. 462, note m, promise the of a mutual Two-lhirds of an inheritance. Inst. 2, marriage; plighting troth; and 14. 5. promise or contract between a man woman to make to at a Eighl per cent. interest. 2 Bl. Oomm­ competent it. marry tu ture time. ubi supra. which, BE S A I L E, BESAYLE. The great­ BETTER EQUITY. The right in a court of a second incumbrancer grandfather, proaous, 1 BI. Comm. 186. equity, has who bas taken securities against sub e­ BESAYEL, Besaiel, Besayle. In old quent dealings to his prejudice, which a prior English law. A writ which lay where a Incumbrancer neglected to take although he great-grandfather died seised of lands and had an opportunity. 1 Ch. Prec. 470. n.; 4 cenements in fee-simple. and on the day of Rawle, 144. See 3 Bouv, lnst. n. 2462. his death a stranger abated. or entered and BETTERMENTS. put kept out the heir. Reg. Orig. 226; Fitzh. Improvements an estate which enhance its value more Nat. Brev. 221 D; 3 Bl. Comm. 186. upon than mere repairs. The term is also applied BEST EVIDENCE. Primary evidence, to denote the additional value which an es­ as distinguished from secondary; original, tate acquires in consequence of some publlc as distinguished from substitutionary; the improvement, as laying out or widening a best and highest evidence of which the nat­ street, etc. ure of the case is A written susceptible. BETWEEN. As a measure or indication instrument is itself always as the regarded of distance. this word has the effect of exclud­ primary or best possible evidence of its ex­ ing lhe two termini. 1 Mass. 93; 12 �le. rstence and contents; a copy, or the recollec­ 366. Com part) 31 N. J. Law. 212. tion of a witness, would be evi­ secondary If an act is to be done" between" two cer­ dence. tain days. it m uat be performed before the BESTIALITY. Bestiality is the carnal commencement of lhe lalter day. In com­ knowledge and connection against the order puting the time in such a case. both the d;\y BETWEEN 131 BIGA

named are to be excluded. 14 D1. 332; 16 , BID. An offer by an intending purchaser Barb.3.i2. to pay a designated price for property which In case of devise to A. and B. "between is about to be sold at auction. to them, these words create a tenancy in com­ BIDAL, or BIDALL. An invitation ot mon. 2 Mer. 70. friends to drink ale at the house of some poor BEVERAGE. This term Is properly used man, who hopes thereby to be relieved by to c..listinguisb a sale of liquors to be drunk charitable contribution. It is sometbing like for the i. e a of pleasure ot drinking, from liquors to "bouse-warming." •• visit friends to be drunk in obedience to a physician's advice. 8 per. on beginning to set up bouse-keeping. 142 Mass. 469. 8 x. E. Rep. 327. Wharton. C

BIDDER. One who offers to a BEWARED. O. Eng. Expended. Be­ pay speci­ fied for an article offered for sale at a tore the Britons and axons bad introduced price public auction. 11 Ill. 254. tbe general use ot money, they traded chiefly by exchange of wares. Wharton. BIDDINGS. Offers of a designated price D tor or other for .. goods property put up sale at BEYOND SEA. the limits ot Beyond auction. the kingdom or Great Britain and Ireland; outside the United statee: out of the state. B I E L B R IE F. Germ. In European maritime law. Beyond sea, beyond the four seas, beyond the Adocu�e.ntfurni .hec..l bytbe E seas, and out of the realm, are synonymous. Prior I builder of a vessel, containing a register of her to the union ot the two crowns of England and admeasurement, particularizing the length, Scotlund, on the accession of James 1., the phrases breadth, and dimen ions of every part of the . "bpyond the tour seas,"" beyond the seas," and . It .ornetime also contain tbe terms "out of the realm," signified out ot the limits ot ship. the realm of England. 1 Hal'. & J. 350. ot agreement between tbe party for whose ac- F In Pennsylvania, it has been construed to mean count the ship i built, and the shlp-butlder. the ot which "without lI�its �he Unit�d States," It h,IS been termed in English tbe "grand approaches the lit ral aigntflcation. 2 Dall. 217; 1 bill of sale:"' in French , "contrat de con- Yeates, 329; 6 Pet. 291,300. The same construe- struetton all de la vellte d'un vat tion has been given to it in Missouri. 20 Mo.5ilO. 'seau," and See Ang Lim. S§ 200, 201. corresj onds in a great degree with the En- G Tbetel'm"beyondseas,"intheprovisool'saving gli h, French, and American "regi ter," (g. clause or a statute of limitations, is equivalent to bemg an equally e isential document to without the limits of the state where the statute o.,) the lawful of v ssels. Juo. 'ea Is enacted; and the pal'ty who is without those ownership limits Is entitled to the benefit of the exc ption, Law, 12, 13, anrl note. In the Dani: h law, p 3 Crunch, 174; 3 Wheat. 541; 11 Wheat. 861; I Me- it is u ed to denote the con tract of bottomry. Lean, 1<\6; 2 MCC01'd, 331; 8 Ark. 488; 26 Gao 1 2; 181. a 79. BIENNIALLY. ThiS term, in a statute, algrntles, not duration of time, hut a period BIAS. This term is not synonymous with fur the bappenmg of an event; once in every "prejudice." By the use of this word in a two years. 9 Hun, 57J; 6 •. Y. 479. statute declaring disqualification ot jurors, tbe legi lature intended to describe anoth r BIENS. In EngUsh law. Property of different of <11 and somewhat ground qualifi­ every d cription, except estates of freehold cation. �\. man cannot be prejudiced against and inheritance. 'ugc..l. "\ end. 495; Co. another without being biased uguin t hirn : Lilt. 119b. J he be bias d without but may being preju­ In French law. This term includes all Bias i "a intluentiul die-d. particular pow­ kinds of property. real and personal. Biens er, which ways the judgment: th incli na­ are divided into biens meubles, movable prop- tion of the mind towards a particular object." erty ; and biens immeubles, immovable prop- (', It is not to be ed Lhat the suppo legislature erty. Tbe distinction between movable and e cted to E' ure in th a tate of mi nd p juror immovable property is recognized by Lhe con­ ab fr e from all inclination to one side solutely tinental juri ts, and gives rise, in the civil as or the other. The statute mans that, al­ well as in the common law, to many impor- a ha not formed 8 for though juror judgment tant distinction as to rights and remedies. l 01' th pr.soner, before the vklen e ngainst 'tory, ContI. Law , l:i 13, note 1. i h rrd on the trial, yet, if he is under such or BIGATA. an intluence a '0 S\\ ny hi mind to the one BIGA, cart or chariot t..; 0 hi ide or the other 11 to prev nt his deciding drawn with rses, coupled ide to side; til cau. e nccordrn to the evidence, he is in- bu t it i raid to be properly a cart with two M ometune drawn eomp tnt. lw 1.4-1-1. J \\ heels, uyone horse; and BlGA:'.lUS 132 BILL

In the ancient records it is used for any cart, BILAGINES. By-laws of towns; mu- wain, or wagon. Jacob. nicipal laws.

BILAN. A term used in Loui lana, de­ BIGAMUS. In the civil law. A man rived from the French. A book in which who was twice married; one who at differ­ and traders write ent times and successi vely has married two bankers, merchants, 8 statement of all owe and all that is wives. 4 lnst. 88. One who has two wives they due them; a balance-sheet. ee SMart. T. living. One who marries a widow. ( .) 446. Bigamus seu est di­ trigamus, etc., qui BILANCIIS DEFERENDIS. In En­ versis temporibus et successive duas seu glish law. An obsolete writ addr ed to tres uxores ha buit. 4 lnst. 8. A bign­ corporation for the carrying of weights to mus or trigamus, etc., is one who at differ­ s uch a haven, there to weigh the \\ 001 an­ ent times and successively bas married two ciently licensed for transportatton. H g. 01 three wives. Orig.270. BIGAMY. The criminal offense of will­ BILATERAL CONTRACT. A term, fully and knowingly contracting a second used originally in the civil law, but now­ marriage going through the form of a (or generally adopted, denoting a contract in second marriage) while the first marriage, to which both the contructlng partie. are bound the knowledge of the offender, is still sub­ to fulfill obligations reciprocally towards each and undissolved. sisting other; as a contract of sale, where one 1Je. The state of a man who has two wives, or comes bound to deliver the thing sold, lind of a woman who has two husbands, living the other to pay the price of it. at the same time. "Every conveutlon properly so called consi ts of The offense of a of wives having plurality a promise or mutual promises proffered and eo­ at the same time is commonly denominated cepted. Where one only of the agreeing parties a the convention is said to «polygamy;" but the name "bigamy" has gives promise, be 'uni· lateral.' Wherever mutual promises are profferoo been more frequently given to it in legal and accepted, there are, in strictness, two or more 1 Russ. 185. proceedings. Crimes, conventions. But where the performance of either The use of the word "bigamy" to describe this of the promisee is made to depend On the perform­ offense is well established by long usage, although ance of the other, the several conventions are com­ often criticised as a corruption of the true mean­ monly deemed one conventtou, and the couventlon ' ing of the word. Polygamy is suggested as the is then said to be bllateral.!" Aust. Jur. S 308. correct term, instead of bigamy, to designate the BILGED. In law and offense of having a. plurality of wives or husbands admiralty marina at the same time, and has been adopted for that insurance. That state or condition of a ves­ purpose in the Massachusetts statutes. But as sel in which water is freely admitted througb the substance of the offense is marrying a second holes and breaches made in the planks of the time, while having a lawful husband or wife liv­ occasioned whether ing, without regard to the number of marriages bottom, by injuries, the that may have taken place, bigamy seems not an ship's timbers are broken or not. 3 Mass. inappropriate term. The objection to its use urged 39. by Blackstone (4 Bl. Comm. 163) seems to be found­ ed not so much upon considerations of the etymol­ BILINE. A word used by Britton in tbe of the word as the of distin .. ogy upon propriety sense of "collateral. En line biline, in the guishing the ecclesiastical offense termed "biga­ I collateral line. Britt. c. 119. my" in the canon law, and which is defined below, I from the offense known as" bigamy" in the modern BILINGUIS. Of a double language or criminal law. The same distinction is carefully that can two A made by Lord Coke, (4Inst. .) But, the ecclesi­ tongue; speak languages. astical offense being now obsolete, this reason for term applied in the old books to a jury com­ substttuting polygamy to denote the crime here posed partly of Englishmen and partly of for­ defined ceases to have weight. Abbott. eigners, which, by the English law, an alien In the canon law, the term denoted the party to a suit is, in certain case, entitled offense committed by an ecclesiastic who to; more commonly called a "jury de medi­ married two wives success! vely. It might elate linyure." 3 Bl, Comm. 360; 4 Steph. be committed either by marrying a second Oomui. 422. � wife after the death of a first or by marrying BILL. A formal a widuw. declaration, complaint, or statement of particular things In writing. BIGOT. An obstinate person, or one \.bat As a legal term, this word has many mean­ is wedded to an opinion, in matters of re­ ings ami appllcnttons, the more important or Ugion, etc. which are enumerated below. BILL 135 BILL L- x.vrrnz. ETC.

1. A formal written statement of com- I or some other thing, in which, besides the plaint to a court of justice. names of the parties, are to be con idered the In the ancient practice of the court of aurn or thing due, the time, Ilact', and man­ klngs bench, the u nul and orderly method ner of payment or delivery thereof. It maf of ),pginning an action was by a bill, or orig­ be indented or poll, and with or without a inal bill, or plaint. This was a written state­ penalty. West, Symb. §§ 100, 101. ment of the plaintiff's cause of action, like a 8. A written statement of the terms of a declaration or corn pial nt, and al ways alleged contract, or speeiflcatlon of the items of a de­ a trespass as the ground of it, in order to mand, or counter-demand. gi\'e the court [u risdictlon. 3 HI. Comm. 43. Also the creditor's written statement of 2. A formal written declaration by a court his claim, specifying the items. C in the of as 9. the it to its offlcer , nature process: By English usage, is applied to the old bill of Jfiddlesex. the statement of the charges and disburse­ 3. A record or certified written account of ments of an attorney or solicitor incurred in the proceedmgs in an action, or a portion of the conduct of lns client's busluess, and which 0 the 'ame; as a bill of exceptions, might be taxed upon application, even though not incurred in suit. Th 4. In equity practice. A formal writ­ any IS, conveyanc- ing costs be taxed. Wharton. t('n complaint, in the nature of a petition, might a suitor in to the Rddr('�s('d by chancery BILL-BOOK. In mercantile law. A or to a COUl t of or a court clumc-Ilor equity Look in which an account of bill of exchange E ha vinz u itable the eq jurisdiction, showing and promis sory notes, whether payable or re- nurue of the parties, staiing the facts which cei vable, is stated. mak« up the case and the complainant's alle­ BILL CHAMBER. In cotch la w, A gations, uverrIng that the acts disclosed are department of the court of session in which F contrary to eq u i ty, and praying for process for suspension, interdict, etc., are and for specitlc relief, or for such relief as petitions entertained. It is to in the circumstances demand. equivalent. Sittings chamber in the Enulish and American prac­ Bills are said to be original, not original, or in tice. Paters. the nature of origiual bills. They are original ornp. when the circumstances constituting the case are G BILL FOR A NEW TRIAL. In eq­ not already before the court, and relief is demanded, A bill in in which ihe or tbe bill is filed for a subsidiary purpose. uity practice. equity specific relief a ked is an 5. In IElgislation and constitutionalla w, the injunction against the execution of a judgment rendered at law \\ ord means a draft 01' an act of the Ieglalature and a new trial in the action, on account of H lJ, tore it becomes a law; a propos d or pro­ some fact which would r nder it inequitable jected law. A draft of an act pre ented to to enforce the judgment, but which was nOL the legi lat ure. but not enacted. An act is available to the party on the trial at law, or the appropriate term for it, after it has been which he was prevented from pre entt ng by acted on by, and passed by, the I gtslature. fraud or accident, without concurrent fraud 26 Pa. t. 450. or negligence Oil his 0\\ n part. Also It specia1 act passed by a legislative body in the exercise of II quasi judicial power. BILL FOR FORECLOSURE. In eq­ Thus, bills of attainder, bills of pains and uity practice. One \\ hich is tiled by a mort­ pennlti ,nre spoken of. gagel' against the mortgagor, for the purpose J In England, "bill" al 0 ignlfles the draft of a or having the e tate sold, tbereby to obtain patent for a charter, commtssion, dignity, office, the SUUl mortgaged on the premi 'e', \\ rth Ill­ or appointment; such a bill is drawn up in the at­ terest and costs. 1 �ladd. Ch. Pro 52 . torney general' pat nt hill office, is submitted by a seer taryof late for hor majesty's signature, BILL-HEAD. .A printed form on which K when it I called tho "queen's bill ." it is counter­ merchants and trader make out their bills signed by tho eerotary of state, and scaled by the to their privy cal, and then the patent is propared and and render accounts customers, soul d. weet, BILL IN CHANCERY. see BILL, 4. 6. A solemn and formallegisJative declara­ BILL IN EQUITY. ee 4. l tion of popular rights and liberties, promul­ BILL, gated on c rtain extraordmary occa ions; us BILL IN NATURE OF A BILL OF Iumou Bill In the of Rights English history. REVIEW, .A bill In equity, to obtain a 7. As a contract. A n obligation; a deed, r -axaminat ion and reversal of a decree, filed whereby the 0 ligor acknowledges himself to by oue who wu not a pal ty to the originuJ M nor bound the d ret'. OWl' unto the obllgee a. l' rtuin urn of money I uit, by BILL n NATURE, ETC. 134 BILL F E_-lTY

BILL IN NATURE OF A BILL OF felony, without any conviction In the ordinary course of If an act InfI.ir a REVIVOR. Where, on the abatement of a judicial proceedings. milder degree of punishment than de th, it suit, there is such a transmission of the in­ n called a "bill of pains and penalties but both are terest of the that the title incapacitated party included in the prohibition in the Federal con ti­ to it, as well as the person entitled, may be the tution. Story, Const. S 1344. subject of litigation in a court of chancery, the BILL OF CERTIORARI. A bill, the suit cannot be continued by a mere bill of re­ object of which ie to remove a suit in vivor, but an original bill upon which the title equity from some inferior court to the court of may be litigated must be filed. This is called a or some other court ot "bill in the nature of a bill of revi vor." It chancery, superior equity, on account of some alleged incumpe­ is founded on pri vity of estate or tille by the teney of the inferior court, or some inju tics act of the party. And the nature and opera­ in its Story, Eq. PI. tion of the whole act by which tile privity is proceedings. (5th Ed.] S 298. created is open to controversy. Story, Eq. Pl. §§ 378-3l:!0; 2 Amer. &; Eng. Enc. Law, BILL OF CONFORMITY. In equity 271. practice. One filed by an executor or adml�' istrator, who finds the affairs of the decea l'd BILL IN NATURE OF A SUPPLE­ so much involved that he cannot safely ad­ MENTAL BILL. A bill filed when new minister the estate except under the direction parties, with new interests, arising from of a court of chancery. This bill is filed events happening since the snit was com­ against the creditors, generally, for lhe pur. menced, are brought before the court ; where­ pose of having all their claims adjusted. ant! in it differs from a supplemenlal hill, which is procuring a final decree settling the order uf properly applicable to those cases only where payment of the assets. 1 Story, Eq. Jur, the same parties or the same interests remain § 440. before the court. Story, Eq. PI. (5th Ed.) § 345 et seq. BILL OF COSTS. A certified, itemized statement of the amount of costs in an action BILL OBLIGATORY. A bond abso­ or suit. lute for the payment of money. It is called also a "singlebill," and differs from a prom­ BILL OF CREDIT. In constitutional issory note only in having a seal. 2 Sergo & law. A bill or promissory note issued by R. 115. the government of a state or nation, upon il.:! faith and credit, designed to circulate in the BILL OF ADVENTURE. A written community as money, and redeemable at a eel tificate by a merchant or the master or future day. owner of a ship, to the effect that the proper­ In mercantile law. A license or author­ ty and risk in goods shipped on the vessel in ity gtveu in writing from one person to an­ his own name belong to another person, to other, common merchants, bank­ whom he is accountable for the proceeds very among ers, and those who travel, a alone. empowering person to receive or take lip money of their BILL OF ADVOCATION. In Scotch correspondents abroad. practice. A bill by which the judgment of BILL OF DEBT. An ancient term in­ an inferior court is appealed from, or brought cluding promissory notes and bonds for tbft under review of a superior. Bell. payment of money, Com. Dig... Merchant," BILL OF APPEAL. An ancient, but F. �. now abolished, method of criminal prosecu­ BILL OF DISCOVERY. A bill In tion. :::lee BATTEL. equity filed to obtain a discovery of fact.� BILL OF ATTAINDER. Alegislative resting in the knowledge of the defendant. or of deeds or or other In act, directed against a designated person, writings, things his or PI. pronouncing him guilty of an alleged crime, custody power. Story, Eq. (5th 3H. (usually treason.] without trial or conviction Ed.) § to the rules of according recognized proced­ BILL OF ENTRY. An account of tht ure, and passing sentence of death and at­ goods entered at the custom house, both in­ tainder upon him. coming and outgoing. It must state the "Bills of attainder," as they are technically name of the merchant exporting or import' called, are such special acts of the legislature as the and of merchandise. inflict capital punishments upon persons supposed Ing, quantity species whither and to be guilty of high offenses. such as treason and and transported, whence. mLL OF EXCEPTIONS 135 HILL OF IYTERPLEADER

BILL OF EXCEPTIONS. A formal or that one actually prevailed, it is called a statement in writing of the objections or ex­ "toucbed" or a "foul" bill taken a the trial of ceptions by party during In Scotch law. An application of a per­ a cause to the or instruc­ decisions. rulings, son in custody to be discharged on account tions of the trial the judge. stating objection. of ill health. Where the health of a prisoner with the facts and circumstances on which requires it, he may be indulged. under prop­ foun in order to attest its accu­ it is led. and. er regulations. with snch a degree of liberty and sealed the the racy. signed by judge; as may be necessary to restore him. 2 Bell, object b-iug to put tbe controverted ruliugs Corum. (5th Ed.) 549; Paters. Compo § 1129. or decisions upon the record for the i ntorrna­ BILL OF INDEMNITY. In tion of the appellate court. 2 Dnk. 470, 11 English C law. An act of N. \\C. Rep. 497; Pow. App. Proc. 211. parliament, passed every session lIutil1869, but discontinued in and BILL OF EXCHANGE. A written after that year. as having been rendered un­ A. order from to B .• directing B. to pay to C. a necessary by the passing oC the promissory certain sum of money therein named. Byles, oaths act, 1 68, for the relief of those who D Bids. 1. have unwittingly or unavoidably neglected An to the for open (that is, unsealed) letter addressed take necessary oath. etc.• required by one per on to another directing him. in the purpose of qualifying them to hold their effect. to pay, absol utely and at all events, a respective offices. Wharton. certain slim of money therein named, to a E BILL OF INDICTMENT. A formal third person, or to any other to whom that written document accusing a per-son or per­ third person may order it to be paid, 01' it sons named of having committed a felony or may be payable to bearer or to the drawer misdemeanor, lawfully laid before a grand .I: Inst. himself. 1 Daniel • ego 27. jury for their action upon it. U tbe grand F A bill of exchange is an instrument, nego­ j nry decide that a trial to be had, in who is ought they tiable form. by which one, called .. indorse on it "a true bill;" if otberwise, not the "drawer." requests another, called the a true bill" or "not found." "drawee," to pay a specified sum of money. ivil Code Cal. § 3171. BILL OF INFORMATION. In chan- G Whece a suit is instituted on A bill of exchange is an order by one per­ cery practice. behalf of the crown or or of son, called t.he "<11al\'er" or "maker." to an­ government. those of whom it has t he virtue other, called t.he "drawee" or "acceptor," to custody by of its or whose are under pay money to another. (who may be the prerogative. rights its the matter of com- H drawer ntmsetr.) called the "payee," or his particular protection. is offered to tbe court of in­ order. or to the bearer. If the payee, or a plaint by way bearer. transfers the bill by indorsement. he formation by the attorney or solicitor gen­ then becomes tbe "indorser." If the drawer eral. instead of by petition. Where a suit concerns the crown or or drawee resides out of this state, it is immediately govern­ .. ment alone. the is by way then called a foreign bill of exchange." proceeding purely of where it does not do so Code Ga. 1 82, § 2773. information, but, immediately, a relator is appointed, who is BILL OF GROSS ADVENTURE. In an werable for ('0 ts, etc .• and. if he is in­ French maritime law. Any written instru­ terested in the matter in connection with the J ment which contains a contract of bottomry. crown or government, the proceeding.is by respondentia, or any other kind of maritime information and bill. Informations differ loan, There i no corresponding Englisb from bills in little more than name and form. term. lIall, Marit. Loans, 182. n. and the same rules are substantlally applica- Lie to both. ee PI. 5; 1 Daniell. K BILL OF HEALTH. An official certifi- tory. Eq. en, Pro 2, 8, 2 8; 3 BI. Comm. 261. cate, given by the authorities of a port from which a vessel clear, to the rna tel' of the BILL OF INTERPLEADER. The name shlp, sbowing the stale (If the port. as re- of a bill in equity to obtain a settlement of a peers the public health. at the time of sail- question of right to money or other property l ing, and exhibited to the authortties of the adversely claimed. in wbich the party filing port which the ve sel next makes. in token the bill bas no interest, although it may be in that he does not bring disease. If the bill hi hands. by compelling such adverse claim­ alleges that no contagions or i nfeclious dis- ants to litigate tbe right or title between .. ease e i ted. it I called a clean" bill; if it themsel ves, and relieve him from liability or M ndrmt th t one was u: or pected anticipated•. litigation. BILL OF LA.DI�G 131) lULL OF 'ALE

BILL OF LADING. In common law. ant's set-off against such demand, (Including The written evidence of a contract for the dates, sums, and items in detail.] furnished carriage and delivery of goods sent by sea for by one of the parties to the other, either vol­ a certain freight. 1 H. BI. 359. untarily or in compliance w th a judge' or­ A written memorandum, given by the per­ der for that purpose. 1 Tidd, Pro 596 600: son in command of a merchant vessel, ac­ 2 Archb. Pro 221. knowledging the receipton board the ship of BILL OF PEACE. In equity practice. certain specified goods, in good order or "ap­ One which is filed when a person bas a right parent good order," which he undertakes, in which may be controverted by various per. consideration of the payment of freight, to sons, at different times, and by different ao­ deliver in like order of the sea good (dangers tions. excepted) at a designated place to the con­ BILL PRIVILEGE. In old signee therein named or to his assigns. OF En­ law. A method of The term is often applied to a similar re­ glish proceeJing against and officers of the court not liable ceipt and undertaking given by a carrier of attorneys goods by land. to arrest. 3 Bl. Corum. 2 9. A. bill of is an instrument in writ­ lading BILL OF PROOF. In English prao­ a carrier or his describ­ ing, signed by agent, lice. The name given, in the mayor's court the so as to it, ing freight indenLify stating of London, to a species of intervention by a the name of the the terms of the consignor, third person laying claim to the subject-mat­ for and or direct­ contract carriage, agreeing ter in dispute between the purtles to a suit. ing that the freight be deli vered to the order BILL OF REVIVOR. In equity prac­ or assigns of a specified person at a speci tied tice. One which is brought to continue a place. Civil Code Cal. § 2126; Civil Cotle suit which has abated before its final con­ Dak. § 1229. summation, as, for example, by death, or MIDDLESEX. An old form BILL OF marriage of a female plaintiff. of process similar to a capias, issued out of BILL OF REVIVOR AND SUPPLE­ the court of king's bench in personal actions, MENT. In practice. One which ts directed to the sheriff of the county of Mid­ equity a compound of a supplemental bill and bill dlesex, (hence the narnes ) and commanding of revivor. and not continues the SUit, him to take the defendant and have him be­ only which has abated by the death of the plain­ fore the king at Westminster on a day named, tiff, or the like, but supplies any defects in to answer the plaintiff's complaint. the original bill arising from subsequent BILL OF MORTALITY. A written events, so as to entitle the party to relief un statement or account of the num bel' of deaths the whole merits of his case. 5 Johns. Ch. which have occurred in a certain dlstrict dur­ 334; �litf. Eq. PI. 32, 74. ing a given time. In some places, births as BILL OF REVIEW. In equity prac­ well as deaths are included. tice. One which is brought to have a decree BILL OF PAINS AND PENALTIES. of the court reviewed, corrected, or reversed. A special act of the legislature which inflicts BILL OF RIGHTS. Aformal and em­ a punishment, less thm death, upon persons phatic Iegtslutive a sertion and declarati 10 supposed to be guilty of treason or felony, of popular rights and liberties usually pro­ without any convicLion in the ordinary course mulgated upon a Change of government; of jndicial proceedings. ltdiffers from a bill particularly the statute 1 W. & �I. t. 2, c. of attainder in this: that the punishment ill­ 2. Also the sum of the and lib­ tlicted by the latter is death. mary rights erties of the people, or of the principles ot BILL OF PARCELS. A statement sent constitutional law deewed essential anti tun­ to the buyer of goods, along with the goods, damental, contained in mauyof the Amen­ exhibiting in detail the items composing the can state constitutions. parcel and their several to enable him prices. BILL OF SALE. In contracts. A to detect any mistake or omisstun : an in­ written under seal, which one voice. agreement by person assigns or transfers his right to or in­ BILL OF PARTICULARS. In prac­ terest in goods and personal Chattels to an­ tice. A written statement or specification other. of the particulars of the demand for which An instrument by which, in particular, an action at la w is brought, or of a defend- the property in ships and vessels is conveyed, BILL OF !GIlT 137 BILLET

BILL OF SIGHT. When an importer I sum at a stated time, without any condition. of goods is ignorant of their exact quantity or When under seal, as is usually the case, it is quality, so that he cannot make a perfect en- sometimes called a "bill obligatory," (q. 'D.) try of them, he may give to the customs offi- It differs from a "bill penal," (q. 'D.,) in that cer a written description of them, according it expresses no penalty. to the best of his information and belief.

" BILL TO CARRY A DECREE INTO 'Ibis is called a "bill of sight. EXECUTION. In equity practice. One BILL OF STORE. In English law. A which is filed when, from the neglect of par­ kind of license granted at the custom-bouse ties or some other cause, it may become im­ to merchants, to carry such stores and pro­ possible to carry a decree into execution with- C visions as are necessary for their voyage. out the further decree of the court. Hind. custom free. Jacob. Ch. Pro 68; Story, Eq. PI. § 42. BILL OF SUFFERANCE. In English BILL TO PERPETUATE TESTI­ law. A license granted at the custom-house MONY. A bill in equity filed in order to D to a merchant, to suffer him to trade from procure the testimony of witnesses to he one English port to another, without paying taken as to some matter not at the time be­ custom. Cowell. fore the courts, but which is likely at some future time to be in litigation. Story, Eq. BILL PAYABLE. In a merchant's ac­ PI. (5th Ed.) § 300 et seq. E counts, all bills which he has accepted, and promi sory notes which he bas made. are BILL TO SUSPEND A DECREE. In called" utlls payable," and are entered ina equity practice. One brought to avoid or Il'lig('r account under that name, and record­ suspend a decree under special circumstances. ed In a book bearing the same title. BILL TO TAKE TESTIMONY DE F BILL PENAL. In contracts. A writ­ BENE ESSE. In equity practice. One is ten obligation by which a debtor acknowl­ which brought to take the testimony of witnesses to a fact material to the edges himself indebted in a certain sum. and prosecution binds himself fur the payment thereof, in a of a uit atlaw which is actually commenced, G there is cause to fear that the larger sum, called a "penalty." wh-re good testimony may otherwise be lost before the BILL TIMET. A bill QUIA invoking time of trial. 2 tory, Eq. Jur. § 1813, n. the aid of equity" because he fears," that is, Lat. A an because the complainant apprehends an in­ BILLA. L. bill; original bill. H jury to his property rights or interests, from BILLA CASSETUR, or QUOD BILLA the fault or neglect of another. Such bills CASSETUR. (That the bill be quashed.) lire entertained to guard against posstble 01' In practice, The form of the judgment ren­ prospect! ve i nj urles, and to preserve the dared for a defendanton plea in abatement, means by which existing rights may be pro­ where the proceeding is by bill; that is, tected from future or conLi violations; ngent where the suit is commenced by capias, and differlng from injunctions, in that the latter not by original writ. 2Archb. Pro K. B. 4. coned past and present 01' imminent and cer­ tarn rnjuru-s. Bisp. Eq, § 568; 2 Story, Eq. BILLA EXCAMBII. A bill of exchange. Jur.. 26. J BILLA EXONERATIONIS. A bill of BILL RECEIVABLE. In a merchant's lading. accounts, all notes, drafts, checks, etc., pay- BILLA VERA. (A true bill.) In old abl to him, or of which he is to recei ve the

. The indor ement made " practice. anciently K re- . leeds at a future date, are called bills 1. pro. on a bill 0 f iIIIdiietmen t a d w I len . .. uy gran Jury, ceivau.. 1'1"e, and are en tPied'III a I edoger-ac- . tlley found't1 su ill'ciently sus taiarnedb'y evi- count under that name, and also noted ID a

. • .. deuce. 4 BI C01000. 306 book beaTIng the ame title, I , .. A s In a

BILL RENDERED. A bill of items . soldl.er qua�ters cl.vII- l �ILLET.s or " Jail house; the ticket which autbortzes render lI by a ered I tor t0 I·liS d ebtor; an ac- 0 . IUD t them. .. l' occupy reo count d ere,d" as diIS timgUlshe d from an . In F h Iaw. A bill or promissory account tated." r�nc, .1 note. sui« a ordre, a bill payable to order. BILL SINGLE. A. wrilten promi e to Billet a oue, Sl bill payable at sight. Billet M pny to apr on r per on narn d a stated I de complaisance, an accommodation bill. BILLET DE CHANGE 138 BLACK ACRE

BILLET DE CHANGE. In French law. BISAILE. The father of one's grand­ An engagement to give, at a future time, a father or grandmother. bill of excbange, which the party is not at the BISANTIUM, BESANTINE, BE· time prepared to give. Story, Bills, § 2, n, ZANT. An ancient coin, first issued at .on­ BILLETA. In old English law. A bill stantinople; it was of two sorts,-gold, eq­ or petition exhibited in parliament. Cowell. uivalent to a ducat, valued at 9s. tid.; and silver, computed at 2s. They were both cur­ BILLETING SOLDIERS. Quarteri�g rent in England. Wharton. them in the houses of pri vate citizens; find­ ing quarters for them. BI-SCOT. In old English law. A fine imposed for not repairing banks, ditches, ami BI-METALLIC. Pertaining to, 01' con­ causeways. sisting of, two metals used as money at a fixed relati ve value. BISHOP. An English eccle iastical dig. nitary, being the chief of the clergy within BI-METALLISM. The legalized use of his diocese. su bject to the archbishop of the two metals in the currency of a country at a in which his diocese is aituated. fixed relative value. province Most of the bishops are also members of lhe BIND. To ohligate; to bring or place house of lords. under definite duties or legal obligations, par­ A bishop has three powers: (1) A power of on his which ticularly by a bond or covenant; to affect one ordination, gained consecration, by he confers orders. etc., in any place throughout the in a const.rainlng or compulsory manner with world; (2) a power of jurisdiction throughout his a contract or a So as a con­ judgment. long see or his bishopric: (3) a power of administra ion tract, an adjudication, or a legal relation re­ and government of the revenues thereof, gained mains in force and virtue, and continues to on confirmation. He has, also, a consistory court, to hear ecclesiastical and visits and impose duties or obligations, it is said to be causes, super­ intends the clergy of his diocese. He consecrates A man is bound by bis contract "binding." churches and institutes priests, confirms, sus­ or promise, by a judgment or decree against pends. excommunicates, and grants licenses for him, by his bond or covenant, by an estoppel, marriages. He has his archdeacon, dean, and etc. chapter, chancellor, vtho holds his courts and as­ sists him in matters of ecclesiastical law, and BIND OUT. To place one under a legal vicar-general. He grants leases for three lives, or the accustomed obligation to serve another; as to bind out twenty-one years, reserving yearly rent. Wharton. an apprentice. BISHOPRIC. In eccleslastlcal law. The BINDING OVER. The act by which a diocese of a bishop, or the circuit in winch court or magistrate requires a person to enter he has Jurisdiction; the office of a bishop. 1 into a recognizance or furnish bail to appear Bl. Comm. 377-382. for trial, to keep the peace, to attend as a etc. witness, BISHOP'S COURT. In English law. An ecclesiastical court, held in the cathedral BIPARTITE. Consisting of, or divisible of each dioceae, the whereof is the into, two parts. A term in conveyancing de­ judge chancellor, who the civil scriptive of an instrument in two parts, and bishop's judges by canon if the diocese be he executed by both parties. law; and, large, has his commissaries in remote parts, who BIRRETUM, BIRRETUS. A cap or hold consistoru courts, for matters limited to coif used formerly in England by judges and them by their commission. aerjeants at law. Spelman. BISSEXTILE. The day which is added BIRTH. The act of born or being wholly every fourth year to the month of February, brought into existence. separate in order to make the year agree with the BIS. Lat. Twice. course of the sun. year, of 366 and Bia Leap consisting days, idem exigi bona fides non patitur; every fourth year, by the addition et in happening satisfactionibus non permittitur am­ of a day in the month of February, which in plius fieri quam semel factum est. Good that year consists of twenty-nine days. faith does not suffer the s.nne thing to be de­ mauded twice; and in making satisfaction BLACK ACRE and WHITE ACRE. (for a debt or demand] it is not alJowed to be Fictitious names applied to pieces of land. done more than once. 9 Coke, 53. and used as examples in the old books. BLACK ACT 139 BLADARIUS

BLACK ACT. The statute 9 Geo. 1. Co I were called "black-mail!' (reditus nigri,) in 22, so called because it was occasioned by the distinction from white rents, (blanchefirmes,) outrages committed by persons with their which were rents paid in silver. faces blacked or otherwise disguised, who 3. The extortion of money by threats or appeared in Epping Forest, near Waltham, overtures towards criminal prosecution or in Essex, and destroyed the deer there, and the destruction of a man's reputation or social committed other offenses. Repealed by 7 & standing. S Geo. IV. c. '2.7. In common parlance, the term is equivalent to. and synonymous with, "extortion, "-the exaction K statutes B LAC ACTS. Old Scotch of money, either for the performance of a duty, passed in the reigns of the tnarl.s and down the prevention of an injury, or the exercise of an C influence. It the service to be to the year 1586 or 1587, so called because supposes unlawful, and the payment involuntary. Not infrequently printed in black letter. Bell. it is extorted by threats, or by operating upon the fears or the or by to BLACK BOOK OF HEREFORD. In credulity, promises conceal, or offers to expose, the weaknesses, the follies, or law. An old record re­ English frequently tbecrimes of the victim. 26 How. Pro 431; 17 Abb. D ferred to by Cowell and other early writers. Pr.226.

BLACK BOOK OF THE ADMIRAL­ BLACK MARIA. A closed wagon or TY. A book of the highest authority in ad­ VHn in which prisoners are carried to and miralty matters, generally supposed to have from the jail, or between the court and the E been compiled during the reign of Edward jail. III. with additions of a later date. It contains BLACK RENTS. In old English law. the laws of Oleron, a view of crimes and of­ Rents reserved in work, grain, provisions, or fenses in the and cognizable admiralty, many baser money, in contradistinction to those other matters. See 2 Gall. 404. which were reserved in white money or sil­ F ver, which were termed "white rents," BLACK BOOK OF THE EXCHEQ­ or blanch farms. 'fomlins; UER. The name of an ancient book (reditus albi,) Whisbaw. kept in the English exchequer, containing a collection of treaties. conventions, charters, BLACK-ROD, GENTLEMAN USH­ G etc. ER OF. In England, the title of a chief officer of the queen. deriving his name from BLACK CAP. It is a vulgar error that the Black Rod of office, on the top of which the head-dress worn by the judge in pronoun­ reposes a golden lion, which he carries. cing the sentence of death is assumed as an H emblem of t.he sentence. It is part of the j 1I­ BLACK WARD. A subvassat, who held drcial full dress, and is worn by the judges ward of the king's vassal. on occasions of especial state. Wharton, "BLACKLEG. .. "The word 'blackleg' B LAC K GAM E. In English Jaw. has been used long enough to be understood, I Heath fowl, in contradistinction to red game, not only by experts in slang. but by the pub­ as grouse. lie at large. and therefore it was for the judge to expound its meaning. I have always un- BLACK-LIST. A list of persons marked derstood the word' blackleg' to mean a per­ out for pecial avoidance, antagonism, or en- son who gets his Ii ving by frequenting race- J mityon theV part of those who prepare the cour es and places where games of chance are list or tho e among whom it is intended to played, getting the best odds, and giving the circulate; as where a trades-union "black- he but not " least can, necessarily cheating. lisl workmen who refuse to conform to Its That is not indictable either by statute or rule, or where a list of insolvent 01' untrust- K at common law." Pollock, C. n., 3 Hurl. & \\ orlhy persons is published by II commercial .. JeT. 879. IIg ncy or mercan ttl1 e assoctauon. BLADA. In old English law. Growing BLACK-MAIL. 1. In one of its origl- I crops of grain of any kind. pelman. All nal this t I'm denot d a tribute L meanings. manner of annual grain. Cowell. Harvested paid by English dwellers the Scorn II . Along Braet . 217b R 94b 95 • gram. i eg. O·ng. , border ttl intluential chieftains of scouund, as II condition of securing immunity from BLADARIUS. In old English law. A meal-man or raids of marauder and border thieves. corn-monger; corn-chandler; a M 2. It also de ignated n-nt payable in cat- bladier, or engro ser of corn or grain. tie, grain, work, and the like. Such rents mount. BLAXC SEIGN 140 BLENDED FUXD

BLANC SEIGN. In Louisiana, a paper BLANKET POLICY. In the law or signed at the bottom by him who intends to fire insurance. A policy which contemplates bind himself, give acquittance, or compro­ that the risk is shifti ng, fluctuating, or vurj­ mise, at the discretion of the person whom ing, and is applied to a class of property, be intrusts with such blanc .'1eign, giving him rather l han to any particular article or thing. power to fill it with what he may think prop­ 1 Wood, Ins. § 40. ee 93 U. . 541. er, according to agreement. 6 Mart. (La.) BLANKS. A kind of while 718. money, (val. V. in those ue 8d •• ) coi ned by lIenry parts or BLANCH HOLDING. An ancient ten­ France which were then subject to England: u re of the la w of Scotland, the duty payable forbidden to be current in that realm oy 2

as or a . being Lritli ng , a penny pepper-corn, Hen. VI. c.9. Wharton etc., if required; similar to free and common BLASARIUS. An incendiary. socage. BLANCHE FIRME. Wbiterent; arent BLASPHEMY. In English law. Hlas­ reserved, payable in silver. phemy is the offense of speaking matter re­ lating to God. Jesus Christ, the Bible, or the BLANCUS. In old law and practice. Rook of Common Prayer, intended to wound White; smooth; blank. plain; the feelings of mankind or to excite contempt hatred the church la w e tab­ BLANK. A space left unfilled in a writ­ and against by ·weet. ten document, in which one or more words lished, or to promote immorality. or marks are to be inserted to complete the In American law. Any oral or written sense. reproach maliciously cast upon God, his Also a skeleton or printed form for any name, attributes, 01' religion. 2 Hi h. Crim. legal document, in which the necessary and Law, § 76; 2 IIar. (Del.) 553; 20 Pick. 2Uli; invariable words are printed in their proper 11 Sergo & R. 394; 8 Johns. 290. order, with blank spaces left for the insertion Blasphemy consists in wantonly uttering of such nauies, dates, figures, additional or publishing words casting contumelious to e us clauses, etc., as may be necessary adapt reproach or profane ridicule upon God ..J the instrument to the particular case and to Christ, the lIoly Ghost, the Holy cnptures, the design of the party using it. or the Christian religion. Pen. Cede Dak., § 31. BLANK ACCEPTANCE. An accept­ In general, blasphemy may be described a COD' ance of a bill of written on the pa­ exchange sisting in speaking evil of the Deity with an impi­ before the bill is and delivered per made, by ous purpose to derogate from the divine majesty, the acceptor. and to alienate the minds of others from the love and reverence of God. It is purposely using words the "common BLANK BAR. Also called concerning God calculated and designed to impair bar." The name of a plea in bar which in and destroy the reverence, respect, and confidence an action of trespass is put in to oblige the due to him as the intelligent creator, governor, and of the world. It embraces the idea of plaintiff to assign the certain place where the judge detraction, when used towards the Supreme Be­ trespass was corn mit.ted, It \\ as most in ing, as "calumny" usually carries the same idea in the common practice bench. See Oro. Jac. when applied to an individual. It is a willful and 5\:14. malicious attempt to lessen men's reverence of God by denying his existence, or l-is attributes as BLANK BONDS. Scotch securities, in an intelligent creator, governor, and judge of men, which the creditor's name was left blank, and and to prevent their having confidence in him as which passed by mere delivery, tile bearer be­ sucb. 20 Pick. 211, 212. ing notary, or ly, of the buildings of the metropolis. chancellor among the Saxons. Brown. BODMERIE, BODEMERIE, BODDE­ BOARDER. One who, being the inhab­ MEREY. Belg. and Germ. Bottomry, itant of a place, makes a special contract (q. e.) wi th another person for food with or without BODY. A person. Used ot a natural lodging. 7 Cush. 424; 36 Iowa, 651. body, or of an artificial one created by law, as One who has food and lodging in the house a corporation. or with the family of another for an agreed Also the main part ot any instrument; in price, and usually under a contract intended deeds it is spoken of as distinguished from to continue for a considerable period of time. the recitals and other introductory parts and 1 Tex. App, 220; 7 Rob. (N. Y.) 561. signatures; in affidaoits, from the title and The distinction between a guest and a jurat. boarder is this: The guest comes and re­ The main part ot the human body; the mains without any bargain f01" time, and trunk. 22 N. Y. 149. may go away when he pleases, paying only BODY CORPORATE. A for the actual entertainment he receives; and corporation. the fact that 11e may have remained a long BODY OF A COUNTY. A county at lime in the inn, in this way, does not make large, as distinguished from any particular him a boarder, instead of a guest. 25 Iowa, place within it. A county considered as a 553. territorial whole.

BOARDING-HOUSE. A boarding- BODY OF AN INSTRUMENT. The house is not in common parlance, or in legal main and operative part; the substantive pro­ meaning, every private house where one or visions, as distinguished from the recitals, more boarders are kept occasionully only and title, jurat, etc. BODY OF LAWS 143 BONA. FIDE PURCHASER

1 BODY OF LAWS. An organized and sys- ignate all species of property, real, personal, tematic collection of rules of jurisprudence; and mixed, but was ruore strictly applied to as, particularly. the body of the civil law, or real estate. In modern civil law. it includes corpus juris ci'Dilis. both personal property (technirally so called) and chattels real, thus correspondiug to BODY POLITIC. A term applied to a the French biens, In the common law, its corporation, which is usually designated as a use WaS confined to the of mov­ .. body corporate and politic." description able goods. '1 be term is particularly appropriate to a invested with and pI/bUt: corporation powers BONA CONFISCATA. Goods confis- duties of government. 1t is often used, in a C eated or forfeited to the imperialjisc or treas­ rather loose way. to designate the state or na­ ury. 1 HI. Comm. 299. tion or sovereign power. or the government of a or m u n without distinct­ county icipality, BONA ET CATALLA. Goodsandchat- and individual cor­ ly connoting any express tels. Movable property. character. D porate Tbis expression includes all personal things that to a man. 16 68. BOILARY. Water arising from a salt belong Mees. & W. well belonging to a person who is not the BONA FELONUM. In law. owner of the soil. English Goods of felons; the goods of one con victed or E BOIS, BOYS. Wood; timber; brush. of felony. 5 Coke, llU.

BOLHAGIUM, or BOLDAGIUM. A BONA FIDE. In or with good faith; little house or cottage. Blount. honestly. openly, and sincerely; without de­ BOLT. The desertion by one or more ceit or fraud. F persons from the political party to which he Truly; actually; without simulation or or they belong; the permanent withdrawal pretense. before adjournment of a portion of the dele­ Innocently; in the attitude of trust and gates to a political convention. Rap. & L. confidence; without notice of fraud, etc. The phrase" bona fide" is otten used ambiguous- G BOLTING. In A term the "a English practice. Iy; thu • expression bema fide holder for formerly used in the English inns of court, value" may either mean a holder for real value, as to a holder but more particularly at Gray's Inn. sigmry­ opposed tor pretended value, or it may mean a holder for real value without notice of any Ing the private arguing of cases. as distin­ fraud, etc. Byles, Bills, 121. gUI ·!Jed from mooting, which was a more H formal and public mode of argument. Cow­ Bona. fide posse sor fa.cit fructus con­ ell; Tomlins: Jlolthouse, sumptos SU08. By good faith a possessor makes the fruits consumed his own. BOMBAY REGULATIONS. Tray. Regula­ Lat. Max. 57. tions passed for the presidency of Bombay, and the territories subordinate thereto. They BONA FIDE PURCHASER. A pur­ were sed the in council of pr by governors chaser for a valuable consideration paid or Bombay until the year 1834. when the power parted with in the belief that the vendor had of local cased. and the acts relat­ legislation a right to sell, anti without any suspicious ther to were thenceforth the J ing passed by circumstances to put him on inquiry. 12 governor general of India in council. .Moz­ Barb. 605. &. ley Whitley. One who acts without covin, fraud. or col- BON. Fr. In old French law. A royal lusion; one who, in the commission of or connivance at no fraud, full fer order or check on the treasury, invented by pays price K the and in faith, and F'ranci 1. Bon POU1' mille liores, good for property. good honestly, in fair and into a thuu and Jivr s. tep. Lect. 387. dealing buys goes posses- slon, 42 Ga. 25U. In modern law. The name of a clause A bona is one who u __ fide purchaser huys (b pour , good for so much) added of another without notice that some l to a cedule or promise where it is not in property . : . . tb rd person has a right to or interest in th.· hundwrtting oCthe urner, containing the '. .' such property, and a full and fair mount of lhe um which he obliges him elf pa.ys price for the same, at the time of such to av, Poth. bl. ch. art. purchase, 1 . part 4, 1, 2, § 1. or before be has notice of the claim or inter- M BO A. : om) ; property; po sessions. est of such other in the property, 65 Barb, In tit Roui l' W.ltll. terui was used tod�.,- I iJl. BONA FIDES 144 BOND

BONA FIDES. Good faith; Integrity I BON A UTLAGATORUM. Goo.f of of dealing: honesty; sincerity; the opposite outlaws: goods belonging to persons out- of mala fides and of dolus malus. lawed.·

Bona fides exigit ut quod convenit B ON A VACANTIA. Vacant, un. fiat. Good faith demands that what is claimed, or stray goods. Those thinzs iu agreed upon shall be done. Dig. 19. 20. 21: which nobody claim a property. anti which Id. 19. 1. 50; Id. 50. 8, 2. 13. bolong to the crown, by virtue of its preroJ­ ative. 1 Bl. Comm. 298. Bona fides non patitur ut bis idem ex­ igatur. Good faith does not allow us to de­ BONA WAVIATA. In Engli h law. mand twice the payment of the same thing. Waived goods; goods stolen and wait:ed, Dig. 50, 17. 57; Broom. Max. 338. note; 4 that is, thrown away by the thief in his ,Tohns. Ch. 143. flight. for fear of being apprehended, or to facilitate his and which to the 13 0 N A FORISFACTA. Goods for­ escape; go 5 1 BI. Comm. � Ij. feited. sovereign. Coke, 109b,. BONlE FIDEI. In the civil law. Of BONA FUGITIVORUM. In English good faith: in goud faith. This is a more la w, Goods of fugitives: the proper goods form than bona fide. of him who tlies for felony. 5 Coke. 109b. frequent BONlE FIDEI CONTRACTS. In civil BONA GESTURA. Good abearance or and Scotch law. Those contracts in which behavior. equity may interpose to correct inequalities, BONA GRATIA. In the Roman law. and to adjust all matters according to the By mutual consent: voluntarily. A term plain intention or the parties. 1 Kames, Eq. applied to a species of divorce where the par­ 200. ties separated by mutual consent: or where BONlE FIDEI EMPTOR. A purchas­ the parties renounced their marital engage­ er in good faith. One who either was igno­ ments without assigning any cause, or upon rant that the thing be bought belonged to an­ mere pretexts. Tayl. Civil Law, 3tH. 362; other or that the seller bad a Calvin. supposed right to sell it. Dig. 50. 16, 109. See Id. 6, 2, 7, BON A ME M 0 RI A. Good memory. n. Generally used in the phrase sana mentis et BONlE FIDEI POSSESSOR. A pos­ bonCll memoria, of sound mind and good sessor in good faith. One who believes that memory. as descriptive of the mental capac­ no other person bas a better right to the pos­ ity of a testator. session than himself. Mackeld. Rom. Law. BON A MOBILIA. In the civil law. § 243. Movables. Those things which move them­ Bones fidei possessor in id tantum selves or can be transported from one place quod sese pervenerit tenetur. A possessor to another, and not permanently attached to in good faith is only liable for that which he a farm, heritage, or building. himself has obtained. 2 Inst. 285. BONA NOTABILIA. In English pro­ BONANZA. In parlance, the bate law. Notable goods; property worthy mining out of a vein of silver, suddentv, of notice. or of sufficient value to be accounted widening and extraordinarily; hence any sudden, un­ for, that is. amounting to £5. in mining. Webster. Where a decedent leaves goods of sullicient expected prosperity amount in different dio­ (bona notabilia) BOND. A contract by specialty to pay a ceses, administration is the metro­ granted by certain slim of money; being a deed 01' instru­ to the confusion politan, prevent arising ment under seal, by which the maker or ob­ from the of ad­ appointment many different ligor promises. and thereto binds him elf, ministrators. 2 Bl. Comm. Abr. 509; Holle. his heirs. executors. and administrators, to 908. pay a designated sum of money to another; BONA PATRIA. In the Scotch law. usually with a clause to the effect that upon An assize or jury of good neighbors. Bell. performance of a certain condition (as to pay another and smaller sum) the obligation shall BONA PERITURA. Goods of a per­ be void. ishable nature; such goods as an executor or The word «bond" shall embrace every writtell tru tee must lise in of diligence disposing undertaking for the paymen t of money or acknowl and con vel ting them into money. edgment of being bound for money. conditioned 145 BONITARIA...1>{ OWxEBSllIP to be void on the performance of any duty, or the BONDAGE. Slavery; involuntary per­ therein and sub­ occurrence of anything expressed. sonal servitude; captivity. In old English scrtbed and delivered by the party making it. to law, villein tenure. 2 BI. Comm, take effect as his obligation, whether it be scaled villenage, (IT unsealed; and. wben a bond is required by law, 92. an undertaking in writing witboutseal shall be suf­ BONDED WAREHOUSE. See WAR� ficient. Bev. Code Miss. 1880, § 19. The word "bond" bas with us a definite legal HOUSE SysTIru. sign Ulcation. It has a clause, with a sum fixed as one wbo has a penalt.y, binding the parties to pay tbe same, con­ BONDSMAN. A surety; ditioned, however, that the payment of the penalty entered into a bond as surety. The word may be avoided by the performance by some one seems to apply especially to the sureties upon or more of the parties o! certain acts. 3 Red!. Sur. the bonds of officers, tru tees, etc., while bail C 45ll. should be reserved for the sureties on recog­ Bonds are either or single (simple) double, nizances and bail-bonds.

(conditional.) . A single bond is one in which the obligor BONES GENTS. L. Fr. In old En- binds himself, his heirs, etc., to pay a certain glish law. Good men, (of the jury.] D sum of money to another person at a specified BONI HOMINES. In old day. European law. Good men; a name given in early A double (or conditional) bond is one to European jurisprudence to the tenants of the which a condition is added that if the obligor lord, who judged each other in the lord's does or forbears from doing some act the ob­ E courts. 3 BI. Comm. a49. ligation shall be void. Formerly such a con­ dition was sometimes contained in a separate Boni judicis est ampliare jurisdiction­ instrument, anti was then called a "defea­ em. It is the part of a good judge to enlarge " sance. (or use liberally) his remedial authority or F The term is also used to denote debentures j 11 risd iction. h. Frec. 329; 1 wus, i84. or certificates of indebtedness issued by pub­ Boni judicis est ampliare justitiam. lic and private corporations, governments, It is the duty of a good judge to enlarge or and municrpalit.ies, as security for the repay­ extend justice. 1 Burr. 304. ment of money loaned to them. Th us, "rail­ G way aid bonds" are bonds issued by munici­ Boni judicis est judicium sine dila­ pal corporations to aid in the construction of tione mandare executioni. It is the duty railroads likely to benefit them, and exchanged of a good judge to cause judgment to be exe­ for the stock. cuted without delay. Co. Lilt. 2 9. company's H Boni judicis est lites dirimere, ne lis BOND. In old cotch la w. A bond-man; ex lite oritur, et intere t reipublicoo ut a slave. Skene. sint fines litium. It is the duty of a good judge to prevent litigaLions, that suit may BOND, e. To give bond for, as for du­ not grow out of suit, and it concerns the I ties on goods; to secure payment of dnties, welfare of a state that an end be to liti­ by giving bond. Bonded, secured by bond. put gation. 4 Coke, ise, 5 oke, 3la. Honded goods ale those for the duties on which bonds are given. BONIS CEDERE. In the civit law. To make II transfer or surrender of property, as J BOND AND DISPOSITION IN SE­ a debtor did to bis creditors. Cod. 7, 71. CURITY. In Scotch law. A bond and mortgage on land. BONIS NON AMOVENDIS. A writ addressed to the sheriff, when II writ of error BOND AND MORTGAGE. A species has been brought. commanding that the per- K of of a bond conditioned security, consisting son against whom judgment has been ob­ for the 1 of a loan of and a payment money, tained be not suffered to remove his goods of to secure the mortgage realty performance till the error be tried and determined. Reg. of the stipulations of the bond. Orig. 131. L BOND CREDITOR. A creditor whose BONITARIAN OWNERSHIP. In d bt is secur d by a bond. Romnn law. A species of equitable title to thing, as distingui shed from a title acquired BOND TENANTS. In English law. according to the trict form of the rnunici­ pyholdersand CII tomary tenants are some­ palla w ; the property of a Iceman citizen in a M times so called. 2 Bl. omm, 148. su bject capable of quiritary property, acquired All. IHCT.LAW-l 0 BO:\O ET MALO 146 BOO� DAYS by a title not known to the civil law, but in­ such as demurrer-books, error-books, paper­ t.roduced by the preetor, and protected by his books, etc. imperium or supreme executive power, e. g., BOOK DEBT. In Pennsylvania prac­ where res manctpi had been transferred by tice. The act of 28th March, 1 35, § 2, in mere tradition. Paste's Galus Inst.187. See using the words, "book debt" and "book en­ QUIRITARIAN OWNERSllIP. tries," refers to their usual signification, BONO ET MALO. A special writ of which includes goods sold and delivered, and jail delivery, which formerly issued of conrse work, labor, and services performed, tbe evi­ for each particular prisoner. 4 Bl, Comm. deuce of which, on the part of the plaintiff, 270. consists of entries in an original book, such as is competent to go to a jury, were the ie­ Bonum defendentis ex integra causa; sue trying before them. 2 Mile, 102. malum ex quolibet defectu. The sue­ cess of a defendant depends all a perfect case; BOOK OF ACTS. A term applied to bis loss arises from some defect. 11 Coke, the records of a surrogate's court. 8 East, 68a. 187.

BOOK OF ADJOURNAL. In ... cotcb Bonum necessarium extra terminos law. The records of criminal trials necessitatis non est bonum. A good original in the court of thing required by necessity is not good be­ justiciary. yond the limits of such necessity. Hob. BOOK OF RATES. An account or 144. enumeration of the duties or tariffs author­ ized 1 Bl. Cornm. 316. BONUS. A gratuity. A premium paid by parliament. to a or vendor. grantor BOOK OF RESPONSES. In .... cotch An extra consideration given for what is law. An account which the director of the received. chancery kept to enter all non-entry and re­ Any premium or ad vantage; an occasional lief duties payable by heirs who take precepts extra dividend. from chancery. A premium paid by a company for a char­ BOOKLAND. In law. Land, ter or other franchises. English also cnlled "charter-land," w hich was held by "A definite sum to be paid at one time, deed under certain rents and free service, for a loan of money for a speci fled period, and differed in nothing from free socage land. distinct from and independently of the inter­ 2 131. Comm. 90. est." 24 Conn. 147.

A bonus is not a gift or gratuity, but a sum paid BOOKS. All the volumes which contain for services, or upon some other consideration, but authentic reports of decisions in English in addition to or in excess of that which would or­ courts, from the earliest times to the present, dinarily be given. 16 Wall. 452. are called, pal' excellence, "The Books." Bon u s judex secundum requum et Wharton. bonum et requitatem stricto judicat, juri BOOKS OF ACCOUNT. The books in prrefert. A good judge derides according to which merchants, traders, and business men what is just and good, and prefers equity to generally their accounts. strict law. Co. Litt. 34. keep BOOM. An inclosure formed upon the BOOK. 1. A general designation applied surface of a stream or other body of water, La which is any literary composition printed, by means of piers and a chain of spars, for but to a appropriately printed composition the purpose of collecting or storing logs or bound in a volume. timber. 2. A bound volume consisting of sheets of BOOM COMPANY. Acompanyforrued paper, not printed, but containing manu­ for the purpose of improving streams for the script entries; such as a merchant's account­ of by means of booms and oth­ books, dockets of courts, etc. floating logs, er contrivances, and for the purpose of run­ 3. A name often given to the largest subdi­ uing, driving, booming, and rafting log. visions of a treatise or other literary compo­ sition. BOON DAYS. In English law. Cer­ ,1. III practice, the name of "book" is given tain days in the year (sometimes called "due La several of the more imporLant papers pre­ days") on which tenants in copybol were paled in the progress of a cause, thougb en­ obliged to perform corporal services fOI tilt. till:l,' written, and not at all in the book form; lord. Wbishaw. BOOT 147 BOROUGH

BOOT, or BOTE. An old Saxon word. BORDLODE. A service anciently re­ equivalent to "estovers." quired of tenants to carry timber out of the woods of the lord to his house; or it is said BOOTmG, or BOTING, CORN. Cer­ to be the quantity of food or provision which tain rent corn, anciently 80 called. Cowell. the bordarii or bordmen paid for their bord­ lands. Jacob. BOOTY. Property captured from the enemy In war, on land, as dtstlngulshed from BORDSERVICE. A tenure of bord­ "prize." which 1s a capture of such property lands. on the sea. BOREL-FOLK. Country people; derived C BORD. An old Saxon word, signifying a from the French bourre, (Lat. ftoccus,) a lock cottage; a house; a table. of wool. because they covered their heads with such stuff. Blount. BORDAGE. In old English law. A species of base tenure, by which certain lands BORG. In Saxon Jaw. A pledge, pledge (termed "bord lands. ") were anciently held giver, or surety. The name given among 0 in England, the tenants being termed" b01'­ the Saxons to the head of each family com­ darlt;" the service was that of keeping tile posing a tithing or decennary, each being the lord in small provisions. pledge for the good conduct of the others. Also the contract or engagement of surety- BORDARIA. A cottage. ship; and the pledge given. E BORDARII, or BORDIMANNI. In BORGBRICHE. A breach or violation old English law. Tenants of a less servile of suretyship, or of mutual fidelity. Jacob. condition than the villani, who had a bord or with a small of al­ cottage, parcel land. BORGESMON. In 'axon law. Tha name F lowed to them. on condition should they sup­ given to the bead of eacb family composing the lord with and and other ply poultry eggs, a tithing. small provisions for his board or entertain­ ment. 'pelman. BORGH OF HAMHALD. In old Scotch law. A pledge or surely given by the seller G BORD-BRIGCH. In Saxon law. A of goods to the buyer, to make the goods breach or violation of suretyship; pledge­ forthcoming as his own proper goods, and to or breach of mutual breach, fidelity. warrant the same to him. kene.

BORDER WARRANT. A process BOROUGH. In English Iaw, A town. H granted by a Judge ordinary, on either side a walled town. Co. Lilt. 108b. town of and of the border between England Scotland, note or importance ; a fortified town. Cow- for arresting the person or effects of a person ell. An ancient town. Litt. 164. A COI­ living on the opposite side, until he find secu­ porate town that is not a city. Cowell. An rity. judicio sistt, Bell. ancient town, corporate or not, that sends I to L. Co. Li Lt. 109a; 1 BORDEREAU. In French law. A note burgesses parliamen BI. Comm. 114, 115. A city or other town enumerating the purchases and sales which sending burgesses to parliament. 1 Steph. may have been made by a broker or stock­ Comm. 116. .A town or place organized for broker. This name is also given to the state­ J local government. ment given to a banker with bills for dis­ A parliamentary borough is a town which count or coupons to receive. Arg. Fr. Merc. returns one or more members to Law. 547. parliament. In Scotch la.w. A corporate body erect­ BORD-HALFPENNY. A customary ad by the charter of the sovereign. consisting K small toll paid to the lord of a town for set- of the inhabitants of the territory erected into etc in fairs ting up boards. tables. booths, •• the borough. Bell. or markets. In American law. In Pennsylvania. the term denotes a of a BORDLANDS. The demesnes which the part township having l a charter for and the lord keep in their bands for the maintenance municipal purposes; same is true of Connecticut. 23 Conn. 128. of their board or table. Cowell. I, ee, also, 1 Dill. �lun. n. AI so Ian d s held i10 uorc1 Lands w b'ich Corp. § 41, age. .. "...... Borough and village duplicate or the lord gave to tenants on condition of their ar� �mu- .. . . names same . lative of the thing ; proof of either hi table With small M eupplying vroVlslOns, will sustain a charge in an indictment eml'loyinlr poultry. ggs, etc, I the other term. 1 Ohio t.. 496. BOROUUH COURTS 148 BOTTOMRY

B 0 R 0 UGH COURTS. In English BOSCUS. Wood; growing wood of any law. Private and limited tribunals, held by kind, large or small, timber or coppice. Cow­ prescription, charter, or act of parliament, in ell; Jacob. particular districts for the con venience of the BOTE. In old English law. A recom­ inhabitan ts, that they may prosecute small pense or, compensation, or prolit or advan­ suits and receive justice at home. tage. Also reparation or amends for any done. Necessaries for the mainte­ BOROUGH ENGLISH. A custom damage nance and carrying on of husbandry. An prevalent in some parts of England, by allowance; the ancient name for estovers. which the youngest son inherits the estate House-bote is a sufficien t allowance of wood from in preference to his older brothers. 1 HI. off tbe estate to repair or burn in tbe bouse, and Comm.75. sometimes termed "fire-bote;" plow-bote and cart-bote are wood to be employed in making and BOROUGH FUND. In law. English repairing all instruments of husbandry; and lillY­ The revenues of am unicipal borough derived bote or hedge-bote is wood for repairing or from the rents and produce of the land, hous­ hays. bedges, or fences. The word also signifies for any damage or injury done. as m.all­ es, and stocks belonging to the borough in reparation bote, which was a compensation or amends for a its corporate capacity, and supplemented man slain, etc. where necessary by a borough rate. BOTELESS. In old English law. With­ BOROUGH-HEADS. Borough-holders, out amends; without the privilege of making bors-holders, or bu rs-holders. satjsfaction for a crime by a pecuniary pay­ ment; without relief or remedy. Cowell. BOROUGH-REEVE. The chief m unci­ i pal officer in towns unincorporated before BOTHA. In old English law. A booth, the municipal corporatlons act, (5 & 6 Wm. stall. or tent to stand in,.in fairs or markets. Cowell. IV. c. 76.) BOTHAGIUM, or BOOTHAGE. Cus­ BOROUGH SESSIONS. Courts of lim­ tomary dues paid to the lord of a manor or ited criminal jurisdiction, established in En­ soil, for the pitching or standing of bootha glish boroughs under the municipal corpora­ in fairs or markets. tions act. BOTHNA, or BUTHNA. In old Scotch BORROW. This word is often used in law. A park where cattle are inclosed and the sense of returning the thing borrowed fed. Bothria also signifies a barony, lord­ in as to borrow a book or any other specie, ship, etc. Skene. thing to be returned again. But it is evident L. that where money is borrowed, the identical BOTTOMAGE. Fr. Bottomry. loaned is not to be returned, because, money BOTTOMRY. In maritime law. A con­ if this were so, the borrow er would derive no tract in the nature of a mortgage, by which benefit from the loan. In the broad sense of the owner of a ship borrows money for the the term, it means a contract for the use of use, equipment, or repair of the vessel, and money. 111 Neb. 88, 12 N. W. Rep. 812; 39 for a definite term, and pledges the ship Leg. Int. 98; 78 N. Y. 177. (or lhe keel or bottom of the ship, pars pro BORROWE. In old Scotch law. A toto) as a security for its repayment, with pledge. maritime or extraordinary interest on ac­ count of the marine risks to be borne by the BORROWER. One to whom money or lender; it being stipulated that if the ship be other is loaned at his property request. lost in the course of the specified voyage, or during the limited time, by any of the pertls BORSHOLDER. In Saxon law. The enumerated in the contract, the lender shall borough's ealder, or headborough, supposed also lose his money. 2 lIagg. Adm. 48,53; to be the discreeLest man in the borough. 2 Bum. 157. town, or tithing. Bottomry is a contract by which n ship or BOSCAGE. In English law. The food its freightnge is hypothecated as security for which wood and trees yield to cattle; browse­ a loan, which is to be repaid only in ca se 1I e wood, mast, etc. Spelman. ship survi ves a particular risk, voyage, or An ancient duty of wind-fallen wood in the period. or.u Code Cal. § 3017; CiVIl Code forest. Man wood. Dak. § 1783. When the loan is not made upon the ship. but on BOSCARIA. IVood-bouaes, or ox-houses. the goods laden on board, and which are to be sold BOTTOMRY BO�D 149 or exchanged in the course ot the voyage, the bor­ BOUND. As an adjeclin(J, denotes the rower's is deemed the personal reapons1b(lity prin­ condition of being constrained by the obli­ clpalsecurity for the performance ot the contract, of a bond or a covenant. 1n the which Is therefore called "resprmdentln," which gations see. And in a loan upon resprmdentln the lender la w of shipping, "bound to" or "bound for" must be paid his principal and interest though the denotes that the vessel spoken of is intended ship perish, provided the goods are saved. In or de igned to make the voyage to the place most other respects the contracts of bottomry and named. of rCllprmclcllllft stand substantially upon the same footing. Bouvier. As a noun, the term denotes a limit or boundary. or a line inclosing or marking off BOTTOMRY BOND. The instrument a tract of land. In the familiar phrase embodying the contract or agreement of bot­ "metes and bounds," the former term prop­ C tomry. erly denotes the measured di tances, and the The true deHnltlon of a bond, In the bottomry latter th- natural or artificial marks which sense of the general maritime law, and independ­ indicate their and A dis­ ent of the peculiar regulattons or the positive beginning ending. codes of different commercial nations, is that it is tinction is sotnetirues taken between "bound" D a contract for a loan of money on the bottom of and "bou ndary," to the effect that, while the the ship, at an extraordinary interest, upon mari­ former signifies the limit it 'elf, (and may be time risks, to be borne by the lender for a voyage, an imaginary the latter a 01' Ior a definite period. 2 Sum. 15i. line,) deslgnates visible mark which indicates the limit. But BOUCHE. Fr. Tile mouth. An allow­ no such distinction is commonly observed. E ance of provision. Avoi'/' bouche a COU1'tj to BOUND BAILIFFS. In law. have an allowance at court: to be in ordinary English Sheriffs' officers are so calle I, from their be- at court, to have meat and drink scot-free Lourul to the fI in an obli­ there Blount: Cowell. ing usually sheri gation wilh sureties, for the due execution F BOUCHE OF COURT, or BUDGE OF of their office. I BI. Corum. 345, 346. COURT. A certain allowance of provision BOUNDARY. By is under­ from lhe king to his knights and servants, boundary stood. in every natural who attended him on any military expedi­ general, separation, or which marks the confines or line tion. artificial, of divi ion of two contig uous estates. Trees G BOUGH OF A TREE. In feudal law. or hedges may be planted, ditches may be A which seisin of land, to hold symbol gave dug, walls or Inclosures may be erected, to of the donor in capite. serve as boundarles. But \\ e mo t usually BOUGHT AND SOLD NOTES. When under tand by boundaries stones or pieces of H wood inserted in the earlh on the con n nes of a broker is employed to buy and sell goods, the two estates. Civil ode La, art. 820. be IS accustomed to give to the buyer a note Bouudaries are either natural or artificial. of the sale, common ly called a "sold note," Of the former kind are \\ and to the seller a like note, commonly ater-courses, grow­ trees, beds of rock, and the like. Artifi­ called a "bought note," in his own name, ing cial boundaries are landmarks or erect­ as agent of each, and thereby they are re­ signs ed the hand of man, as II stake, sp ctively bound, if he has not exceeded his oy pole, pile of etc. authortty, 'tory, Ag. � 28. tones, BOUNDED TREE. A tree or BOULEVARD. The word "boulevard," marking J standing at the corner of a field or estate. which originally indicated a bulwark 01' ram­ part, and WIIS afterwards applied to a pub­ BOUNDERS. In American la w, Visi- lic walk or road on the site of a demolished ble marks or objc cts at the ends of the lines fcrtitlcation, is now employed III the same drawn in surveys of land, showing the K s n 'e a public drive. A park is a piece courses and distance. Burrill. Of ground adapt d and et apart for pur­ BOUNDS. In the English law of mines, po es of ornament, exercise, and am usernent. the trespass coinmltted by a person who ex­ It IS not a street or road, though carriages cavate' minerals under-ground beyond the may pass through it. boundary of his land is called" working out l o l\ boulevard or public drive is adapted of bounds." and set apart for purpose (If ornament, ex- rc: e, and amu em nt. It is not technically BOUNTY. A gratuity, or an unusual or II st net or a car­ additional benefit , avenue, highway, though conferred upon, or com- a ria' -wuy over it i a chi f feature, 52 pen ation paid to, clas of per on . M Huw. Pr. 41-5. A premium gi ven or offered to induce men BOU�TY 150 BRA�DlXG

to enlist into the public service. The term BOUWERYE. Dutch. InoldJ.TewYor:' is applicable only to the payment made to the law. A farm; a farm on which the farmer's enlisted man, as the ind ucement for his serv­ family resided. ice, and not to a paid to the man premium BOUWMEESTER. Dutch. In old .Tew whose intervention, and by whose through York law. A farmer. procurement, the recruit is obtained and mustered. 39 How. Pro 488. BOVATA TERRlE. As much land as one ox can CUltivate. some to It is not easy to discriminate between bounty, Said by be reward, and bonus. The former is the appropriate thirteen, by others eighteen, acres in extent. where the services or action of term, however, Skene ; Spelman; Co. Litt. Sa. many persons are desired, and each who acts upon the offer may entitle himself to the promised gra­ BOW-BEARER. An uuder-officer of without from or to the claims of tuity, prejudice the forest, whose duty it is to oversee and others; while reward is more proper in the case true inquisition make, as well of sworn men of a single service, which can be only once per­ as in bailiwick of the formed, and therefore will be earned only by the unsworn, eVNY forest: person or co-operating persons who succeed while and of all manner of trespas es done, either others fail. Thus, bounties are offered to all who to vert or venison, and cause them to be pre­ will enlist in the or to all who will army navy; sented, without any concealment, in the next engage in certain fisheries which government de­ court of attachment, etc. Jur. 201 sire to encourage; to all who kill dangerous beasts Cromp. or noxious creatures. A reward is offered for res­ BOW Y E R S. Manufacturers of bows cuing a person from a wreck or fire; for detecting and shafts. An ancient of the and arresting an offender; for finding a lost chat­ company city tel. of London. Bonus, as compared with bounty, suggests the BOYCOTT. In law. A con­ idea of a gratuity to induce a money transaction criminal between individuals; a percentage or gift, upon a spiracy formed and intended directly or in­ loan or transfer of or a surrender of a property, directly to prevent the carrying on of any right. Abbott. lawful business, or to injure the business of BOUNTY LANDS. Portions of the anyone by wrongfully preventing those \\ ho public domain given to soldiers for military would be customers from buying anything services, by way of bounty. from or employing the representatives of said business, by threats, intimidation. or other BOUNTY OF ANNE. A QUEEN forcible means. 11 Va. Law' J. 329. name given to a royal charter, which was confirmed by 2 Anne. c. 11, whereby all the BOZERO. In Spanish law. An advo­ revenue of first-fruits and tenths was vested cate; one who pleads the causes of others, or in trustees, to form a perpetual fund for the his own. before courts of justice, either as augmentation of poor ecclesiastical livings. plaintiff or defendant. Wharton. BRACHIUM MARIS. .A n arm of Llle

BOURG. In old French law. An as­ sea. semblage of houses surrounded with walls; BRACINUM. A brewing; the whole a fortified town or village. quantity of ale brewed at one time, for which In old law. A a vil­ Englis!l borough, tolsestor was paid in some manors. Brecina, lage. a brew-house. BOURGEOIS. In old French law. The BRAHMIN, BRAHMAN, or BRA­ inhabitant of a bourg, (q. e.) MIN. In Hindu law. A divine; a priest; A entitled to a person the privileges of mu­ the first Hindu caste. nicipal corporation; a burgess. BRANCH. A branch of a family stock BOURSE. Fr. An a exchange; stock­ is a group of persons, related among them­ exchange. sel ves by descent from a com man ancestor. and related to the maio stock the fact "hat BOURSE DE COMMERCE. In the by that common ancestor descends from the French law. An aggregation, sanctioned by original founder or progenitor. government, of merchants, captains of ves­ sels, exchange agents, lind courtiers, the BRAND. To stamp; to mark, either with two latter being nominated by the govern­ a hot iron or with a stencil plate. 11 Ilun, ment, in each city which has a bow·se. Brown. 575.

BOUSSOLE. In French marine law. A BRANDING. An ancient mode of pun­ ishment a mark on an offender compas ; the mariner'S compass. by inflicting 1:11 BHEAD ACTS with a hot iron. It is generally disu ed in ner the duties of an office or fiduciary em­ CI vll law, b It is a recognized punishment for ployment. some military offenses. BREACH OF POUND. The breaking BRANKS. An instrument formerly used any pound or place where cattle or goods dis­ In some parts of England for the correction trained are depositeJ, in order to take them of scold ; a scolding bridle. It inclosed the back. 3 B1. Comru. 146. head and a sharp piece of iron entered the BREACH OF PRISON. The offense of mouth and restrained the tongue. actually and forcihly breaking a pri on or A a brewer. BRASIATOR. maltster, gaol, with intent to escape. 4 Chit. Bl. 130, C BRASIUM. Malt. notes; 4 Steph. Comm. 255. The escape from custody of a person la wfully arrested BRAWL. The popular meanings of the on criminal process. words "brawls" and "tumults" are substan-

the same and ldeutical. are cor- BREACH OF PRIVILEGE. An act tially They 0 relative terms, the one employed to express or default in violation of the privilege oC tile meaning of the other, and are so defined either house of parliament, of congress, or of by approved lexicographers. Legally. they a state legislature. mean the same kind of disturbance to the BREACH OF PROMISE. Violation ot public peace. produced by the same class of a promise;iser chlc retIy used as an eII''Ptirca I ex- E and can be well to de- I ' ' agents, comprehended " pressionion for "breach 0f promise 0f marnage. fine one and the same offense. 42 N. H. 464. Brawling is quarreJli ng or chiding, or creat­ BREACH OF THE PEACE. A viola­ ing a disturbance. ill a church. or church­ tion of the public tranquillity and order. The yurd, (4 BI. Corum. 146; 4 Steph. Comm. offense of breaking or disturbing the pubiic F 253.) ..Mozley & Whitley. peace by any rlotous, forcible, or unlawful proceeding. 4 HI. Comm. 142, et seq.; 4 BREACH. The breaking or violating of Steph. Comru. 273, et seq. a law, right, or duty, either by commission A constructice breach of Lhe is an or omission. peace unlawful act which, though wanting the ele­ G In contracts. The violation or non-ful­ ments of actual violence or injury to any filrnent of an obligation. contract, or duty. person, is yet inconsistent with the peaceable A continuing breach occurs where the and orderly conduct of society. Various alale of affairs, or the specific act, consutut­ kinds of rmsdemeanors are included in this i ng the breach, end ures for a considerable H general deaignation, such as sending chal­ p r.od of time, or is repeated at short inter­ lenges to fight. armed in public with- vals. going out lawful reason aud in a threatening man- A I;Ollstrttctive breach of con tract takes n�,cl� place when the party bound to perform dis­ An apprehended breach of the peace is I nbles him 'elf from performance by some act, cau ed by the conduct of a man who threat­ or declares, before the time comes, that he en' another with Violence or physical injury. will not perform. or who goes about in public with dangerous In This name is sometimes pleading. and unusual weapons in a threatening or ven to that of the declaration which J gl part alarming manner, or who publi bes an ag­ the Violation of the defendant's alleg« prom­ gravated libel upon another, etc. i or duty, immediately preceding the ad OF act done damnum cia lise. BREACH TRUST. Any by a trus tee contrary to the terms of his BREACH OF CLOSE. The unlawful tru t, or in excess of his authority a nd to the K or unwarrantable entry on another person's detriment of the trust; or the wrongful omis­ soil, land, or etc-e. 3 131. omm. 209. sion by a trustee of any act required of hun BREACH OF COVENANT. The non- by the terms of the trust. performance of any covenant agreed to be A.l 0 the wrongful misappropriation by a l perform d, or tbe doing of any act covenant- trustee of any fund or property wbich had ed not t be done. llolthouse. been lawfully committed to him in a fiduciary character. BREACH OF DUTY. In a general I sense, nuy violation 01' omis ion of a h'gal or BREAD ACTS. Laws providing for the moral .10r) M duty. particularly. the nl'glt'cl ustenance of persons kept in prison for 01' fuilure to fulfill in 8 ju t und proper man- debt. BREAKING 152 BREVE

BREAKING. Forcibly separating, part­ posed for defaults in the assise ot bread. ing, disintegrating, or piercing any solid sub­ Cowell. stance. In the law as to housebreaking and BREHON. In old Irish law. A judge. burglary, it means the tearing away or re­ 1 BI. Comm.l00. Brehons, moval of any part of a house or of the locks, (breitheamhuin,) judges. latches, or other fastenings intended to secure it, or otherwise force to an en­ exerting gain BREHON LAW. The name given to trance, with the intent to commit a felony; the ancient system of law of Ireland as it ex­ or or out of a violently forcibly breaking isted at the time of its conquest by Henry II.; entered in house, after having unlawfully it, ant! derived from the title of the judges, who the attempt to escape. were denominated "Brehons."

BREAKING A CASE. The expression BRENAGIUM. A payment in bran, by the judges of a court, to one another, of which tenants anciently made to feet! tbeir their views of a case, in order to ascertain lords' hounds. bow far they are agreed, and as preliminary to the formal delivery of their opinions. "We BREPHOTROPHI. In the civil law. are breaking the case, that we may show Persons appointed to take care of houses des­ what is in doubt with any of us." Holt, C. tined to receive foundlings. J., addressing Dolbin, J., 1 Show. 420. BRETHREN. This word, in a will, may BREAKING BULK. The offense com­ include sisters, as well as brothers, of tbe mitted a bailee a in by (particularly carrier) person indicated; it is not necessarily limited or the or opening unpacking chest, parcel, to the masculine gender. 1 Rich. Eq. 78. Case containi ng goods intrusted to his care, and removing the goods and con vetting them BRETTS AND SCOTTS, LAWS OF to his own use. THE. A code or system of laws in use the Celtic tribes of Scotland down to BREAKING DOORS. Forcibly remov­ among the of the fourteenth ing the fastenings of a house, so that a per­ beginning century,and then abolished Ed ward I. of SOil may enter. by England.

BREAKING JAIL. The act of a pris­ BRETTWALDA. In Saxon law. The oner in effecting his escape from a place of ruler of the Saxon heptarchy. lawful confinement. Escape, while denot­ ing the offense of the prisoner in unJa wfully BREVE. L. Lat. A writ. An original leaving the jail, may also connoLe the fault writ. A writ or precept of the king issuing or negligence of the sheriff or keeper, and out of his courts. hence is of wider siguiflcauce than "break­ A writ by which a person is summoned or ing jail" or "prison-breach." attach ell to ans wer an action, complain t, ete., or whereby anything is commanded to be BREAKING OF ARRESTMENT. In done in the courts, in order to justice, etc. Scotch law. The contempt of the law com­ It is called "breoe," from the brevity of it, mitted hyan arrestee who disregards the ar­ and is addressed either to the defendant him­ restment used in his hands, and pays the sum self, or to the chancellors, judges, sbenffs, or deli vers the goods arrested to the debtor. or other otflcers. Skene. Tbe breaker is liable to the arrester in dam­ ages. See ARUE'5TMl<:N'l'. BREVE DE RECTO. A writ of right, BREAST OF THE COURT. A meta­ or license for a person ejected out of

Breve jud'c�ale debet sequi suum ortg- BREVIA FORMATA. Certain writs of male, et accessorrum suum principale. I approved and established form which were Jenk. Cent. 292. A judicial writ ought to granted of course in actions to which they follow its original, and an accessory its prln- were applicable, and which could not be cipal. changed but by consent of the great council of the realm. Bract. fol. 413b. Breve judiciale non cadit pro defectu formre. Jenk. Cent. 43. A judicial writ BREVIA JUDICIALIA. Judicial writs. fails not through defect of form. Auxiliary writs issued from the court dur­ the of an action. or in aid of BREVE NOMINATUM. A named lng progress the judgment. writ A writ stating the circumstances or c details of the cause with the of action. time, BREVIA MAGISTRALIA. Writs 0::- and demand. place. very particularly. casionally issued by lhe masters or clerks of the form of which was varied to BREVE ORIGINALE. An original chancery, suit the circumstances of each case. Bract. writ; a writ which gave origin and com­ fol. 413b. D mencement to a suit.

BREVIA SELECTA. Choice or select- BREVE PERQUIRERE. To purchase ed writs or Often abbreviated to a writ or license of trial, in the king'i'l courts processes. Brev. Sel. by the plaintiff, qut breve perquisicit; E Brevia, tam originalia quam judicialia, BREVE TESTATUM. A written mem­ patiuntur Anglica nomina. 10 Coke. 132. orandum introduced to perpetuate the tenor Writs, as well original as judiclal, bear En­ of the conveyance and investiture of lands. glish names. 2 HI Comm.307.

In cotch law A almilar memorandum BREVIA TESTATA. The name of thl' F made out at the time of the transfer, attested short memoranda early used to how grants the cu1'ire and the seal of the su­ by pares by of land , out of which the deeds now in USe perior. 13ell. have grown. Jacob.

BREVET. In military law. A com­ BREVIARIUM ALARICIANUM. A G mission by which an officer is promoted to compilation of Roman law made by order of the next higher rank, but without confer­ Alaric II., king or the Visigoths. in Spain, a to a increase of ring right correspondlng and published for the use of his Homan sub- pay. jects in the year 506. H In French law. A privilege or warrant BREVIARIUM ANIANI. Another granted by the governlllent to a private per­ name for the Brevarium son. authorizing him to take H special bene­ Alaricianum, (q. e.) Anian was the or chancellor of tit or I!xCITi e an exclusive privilege. Thus referendery and was commanded the latter to a brevet d'invention is Il patent. foran inven­ Alaric, by tion. authenticate. by his aignature, the copies of the breviary sent to the comites. Mackeld. BREVIA. Lat. Writs. The plural of Rom. Law, § 68. bt ece, which see. BREVIATE. A brief; brief statement. BREVIA ADVERSARIA. Adversary J epitome. or abst ract. A short .tatement of writs: writ by an adversary to re­ brought content, accompanying a bill in parlin­ cover land. 6 oke, 67. men t. 1101 thouse.

BREVIA AMICABILIA. Amicable or BREVIBUS ET ROTULIS LIBER- wrrts ; WI its t K friendly brought by agrec'JUen ANDIS. A writ or mandate to a sheriff to or <:011 ent of the parties. deliver to hi succe or the county, and ap­ BREVIA ANTICIPANTIA. At COIn­ purtenances. w ith the rolls, briefs, remem­ and all other mou law. Anttctpat ing or PI' ventive writ'. brauce, things belonging to his otlice. 295. ..:h were included 11l1I1i category, viz.: Writ leg. Orig. L of me. lie; ua rantia cluu ta : numstra ce- BREWER. One who manufactures fer­ 11111 t: auditu querela ; clt1'ia claudeudo ; and mented of any name or .. ' liquors description. 11e i7l,· te for sale, from malt. wholly or in part, or BRE""I DE CURSU. WriLs of cour e. from nny ub titut therefor, Act July 13. r� I writ is a 1 t. at L.II FOlD) uing of course. I u6. b 9. (14 ge. I J 7.) BRIBE 154 BRIEF

BRIBE. Any valuable thing given or BRIBOUR. One that pilfers ot her men promised, or any preferment. advantage. goods; a thief. privilege. or emolument, given or promised BRICOLIS. An engine by which walls corruptly and against the law, as an induce­ were beaten down. Blount. ment to any person acting in an otlicial or puhlic capacity to violate or forbear from his BRIDEWELL. In England. A house duty, 01' to improperly influence his behavior of correction. in the of such perforroance duty. BRIDGE. A struct ure erected over a The term "bribe" any signifies money. river, creek, stream, ditch, ravine, or other goods, right in action, thing of property, place, to facilitate the passage thereof; in­ value, or ad present or prospecti ve, vantage. eluding by the term both arches and al ut­ or or to any promise undertaking give any, ments. 40 N. J. Law, 305. asked, or accepted, with a corrupt in­ given. A building of stone or wood erected across tent to influence the to unlawfully person a river, for the common ease and benefit of whom it is in his or given. action, vole, travelers. Jacob. in or official opinion. any public capacity. Bridges are either public or private. Pub­ Pen. Code Dak. 774. § lic bridges are such as form a part of the high­ BRIBERY. In criminal law. The re- way. common, according to their character-a at' to the ceiving or offering any undue reward by or foot, horse. carriage bridges. public with or without toll. 2 342. to any person whomsoever, whose orJi nary generally. East, is one erected one or profession or business relates to the admin­ A private bridge by istration of public justice, in order to influ­ more private persons for their own u e and ence his behavior in office, and to incli ne him con venlence, to act to bis and the known contrary duty BRIDGE-MASTERS. Persons cho en rules of and 1 Russ. honesty integrity. by the citizens. to have the rare and super­ 1 Hawk. P. C. 3 Co. lnst. Crimes, 154; 414; vision of bridges, and having cerlain fees 29 Ark. 302. 149; and profits belonging to their office, as in the now extends and The term "bribery" further, case of London Bridge. includes the offense of giving a bribe to many other classes of officers; it applies both to the BRIDLE ROAD. In the location of II actor and and extends to cabinet receiver, voters, private way laid out Ly the selectmen, and ministers, legislators. sheriffs, and other classes. accepted by the town, a description of it as a 2 Whart. Crim. Law, § 1858. "bridle road" does not confine the right of The offense of taking any undue reward way to a particular class of animals or special by a judge, juror. or other person concerned mode of use. 16 Gray, 175. in tlie administration of justice, or by a pub­ lic officer, to influence his behavior in his BRIEF. In general. A written docu­ office. 4 Bl. Corom. 139, and note. ment; a letter: a writing in the form of a Bribery is the giving or receiving any un­ letter. A summary, abstract, or epitome. A due reward to influence the behavior of the condensed statement of some larger docu person recei ving such reward in the discharge ment, or of a series of papers, facts, or prop­ of his duty, in any otfice of government or of ositions. justice. Code Ga. 1�82. § 4469. An epitome or condensed summary of the facts and 01' The crime of offering any undue reward or reo circumstances, propo ilion. of muneration to any public officer of the crown, or law, constituting the case proposed to be set other person intrusted with a public duty, with a up by either party to an action about to be view to influence his behavior in the discharge of his tried or duty. The taking such reward is as much argued. bribery as the offering it. It also sometimes signi­ In English practice. A document pre­ fies the taking or giving a reward for public office. by the and to the bar­ The offense pared attorney, given is not confined. as some have supposed, rister, before the trial of a cause, for the in­ to judicial officers. Brown. struction and gu iclance of the latter. It con- BRIBERY AT ELECTIONS. The of- tains, in general, all the information neces­ fense committed by one who gives or prom- sary to enable the barrister to succes flllly ises or offers money or any valuable induce- conduct their client's case in court, such it Ii ment to an elector, in order to a of the corruptly , statement of the facts, summary induce the latter to vote in a particular way pleadings, the names of the witnesses. and or to abstain from \ oting, or as a reward to I an outline of the evidence expected from the voter for having voted in a 1)(1"" :"u!ar them. and any suggestions arrsing out of the way or abstained froro \ cting. I peculiarities of the case. BRIEF 155 BROKER

In America.n practice. A written or BRIS. In French maritime law. Liter. printed U' eument, prepared by counsel to ally, breaking; wreck. Distinguished from serve as the basis for an argument upon a nau,frage, (q. 0.) cause in an appellate court, and usually filed BRISTOL BARGAIN. In law. for the in formation of the court. It embod­ English A contract by which A. lends B. £1,000 on ies the points of law which the counsel de­ good security, and it is agreed that £500. to­ sires to eatablish, together with thE:! arguments gether with interest, shall be at a time and authorities upon which he rests his con­ paid stated; and, as to the other that B .• in tention. £500, consideration thereof, shall to A. £100 A brief, within a rule of court requiring counsel pay to furnish briefs, before argument, implies some per annum for seven years. Wharton. C kind of statement of the case for the information of the court. 43 Ind. 856. BRITISH COLUMBIA. The territory on the north-west coast of North In Scotch law. Brief is used in the America, once known the of "New Cal­ sense of "writ," and this seems to be the by designation edonia." Its is for sense in which the word is used in very many government provided by 0 21 & 22 Vict. c. 99. Vancouver Island is of the ancient writers. united to it by the 29 & 30 Vict. c. 67. See In ecclesiastical law. A papal rescript 33 & 34 Vict. c. 66. sealed with wax. See BULL.

BROCAGE. The wages. oommisslon, or BRIEF A L'EVESQUE. A writ to the E pay of a broker, (also called "brokerage.") bishop which, in quare impedit, shall go to Also the avocation or business of a. broker. remove an incumbent, unless he recover or be presented pendente lite. 1 Reb. 386. BROCARIUS, BROCATOR. In old English and cotch law. A broker; a mid- BRIEF OF TITLE. In practice. A F dleman bet ween buyer and seller; the agent methodical epitome of all the patents, convey­ of both transacting parties. Bell; Cowell. ances, lncumbrances, liens, court proceed­ and other the title to ing , matters affecting BROCELLA. In old English law. A a certain portion of real estate. wood, a thicket or covert of bushes and brush- G wood. Cowell; Blount. BRIEF OUT OF THE CHANCERY. In cotch law. A writ issued in the name of BROKEN STOWAGE. In maritime the sovereign in the election of tutors to law. That spacein aship which is not filled minors, the cognoscing of lunatics 01' of by her cal go. idiots, and the ascertaining the wldo w's H BROKER. An agent employed to make terce; and sometimes in dividing the proper­ bargains and contracts between other per­ ty belongi ng to heirs-porl.ioners. In these sons, in matters of trade. commerce, 01' nav­ cases only brieves are now in use. Bell. igation. for a compensation commonly called BRIEF, PAPAL. In ecclesiastical law. "brokerage." tory. Ag. § 28. I The pope's letter upon matters of discipline, Those who are engaged for others in the negotiation of contracts relative to property. BRIEVE. In Scotch law. A writ. 1 with the custody of which they have no con- Karnes, Eq. 146. cern. Paley. Prio. & Ag. 13. J BRIGA. In old European law. Strife, The broker or intermediary is he who is contention, litigation, controversy. employed to negotiate a matter between two parties, and who. for that rea on, is consid­ of mail or an- BRIGANDINE. A coat ered as the mandatary of both. Civil Code cient armour, consi ting of numerous jointed La. art. 3016. K scale-like and for the plutes, ery pliant easy One whose business is to negotiate pur­ hody. mentioned in 4 &. 5 P, & M. c. 2. chases or sales of stocks, exchange. bullion, coined money, bank-notes, promi SOl')' notes, BRIGBOTE. In axon and old English 01' other securities, for himself or for others. law. • tribute or coutribution towards the Ordinarily. the term" broker" is applied to L repairing of bridges. one actmg for others; but the part of the BRINGING MONEY INTO COURT. definition which peaks of purchases and The act of depo iling money ID the custody s rle for himself is equally important all that of a court or of it clerk or mar hal. for the w hich speaks of sales and purchases for oth- M purpo e of at fying II lil bt or duty. or to ers. 91 U. 710. nwftit the r suit of an interple del'. I A broker is Il mere negotiator between BROKER 156 BUBBLE ACT other parties, and does not act in his own BROTHER. One person i 1 brother "or name, but in the name of those who employ the whole blood" to another, the former be­ him. 50 Ind. 234. ing a male, when both are born Iroiu the Brokers are persons whose business it is same father and mother. lie is a brother to bring buyer and seller together; they need "of the hal f blood" to that other (or ha f. have nothing to do with negotiating the bar­ brother) when the two are born to the arne gain. 68 Pa. St. 42. father by different mothers or by the anie The difference between a factor or commission mother to different fathers. merchant and a broker is this: A factor may buy In the civil law. the following distinctions are and sell in his own name, and he has the goods in observed: Two brothers who descend from the his possession; while a broker, as such, cannot or­ same father, but by different mothers, are called or sell in his own and has no dinarily buy name, "consauguine" brothers. If they have tbe same .possession of the goods sold. 23 Wall. 321,330. mother, but are begotten by different fathers. tbl'Y The legal distinction between a broker and a are called "uterine" brothers. If they have lIotb factor is that the factor is intrusted with the prop­ the same father and mother, they are denominated " erty the subject of the agency; the broker is only brothers" germane. employed to make a bargain in relation to it. 50 Ala. 154, 156. BROTHER-IN-LAW. A wife's broth. er or a sister's husband, There is not Brokers are of many kinds, the most im­ any but affi bet ween broth, portant being enumerated and defined as relationship, only nity. follows: era-In-law. Exchange brokers, who negotiate for­ BRUARIUM. In old English law. A .eign bills of exchange. heath ground; ground where heath grows . Insurance brokers, who procure insur­ Spelman. ances for those who employ them and nego­ BRUGBOTE. See BRIGBOTE. tiate between the party seeking insurance BRUILLUS. In old English law. A and the companies or their agents. wood 01' grove; a thicket or clump of trees Merchandise brokers, who buy and sell in a park 01' forest. Cowell. goods and negotiate between buyer and sell­ BRUISE. In medical A er, but without having the custody of the jurisprudence. an the flesh of a property. con tusion; injury upon per­ son with a blunt or heavy instrument, with­ Note brokers, who negoti-ate the discount • out solution of continuity, or without break­ or sale of commercial paper. ing the skin. Pawnbrokers, who lend money on goods old Swedish law . deposited with them in pledge, taking high BRUKBARN. In rates of interest. The child of a woman conceiving after a rape, which was made Literally, the Real-estate brokers, who procure the legitimate. child of a struggle. Burrill. purchase or sale of land, acting as interme­ diary between vendor and purchaser to bring BRUTUM FULMEN. An empty noise; who them together anu arrange terms; and an empty threat. negotiate loans on real-estate security, man­ BUBBLE. An extravagant or unsub­ .age and lease estates, etc. stan tiul project for extensi ve operation in Ship-brokers, who transact business be­ business or commerce, generally founded 00 tween the owners of ships and freighters or a fictitious or exaggerated prospectus, to en­ -charterers, and negotiate the sale of vessels. snare un wary investors. Com! allies formed Stock-brokers, wbo are employed to buy on such a basis or for such purposes are and sell for their principals all kinds of called "bubble companies." The term is stocks, corporation bonds, debentures, shares chielly used in England. in companies. government securities, munic­ BUBBLE ACT. The statute 6 Geo. 1. c. ipal bonds, etc. 18, "for restraining several extravagant and BROKERAGE. The wages or commis­ un warrantable practices herein mentioned." sions of a broker; also, his business or occu­ was so called. It prescribed penalties for the pation. rormauon of companies withlitLle or no cap­ ital, with the inten uou, by means of allur­ BROSSUS. Bruised, or injured with ing advertisements, of from blows, wounds, or other casualty. Cowell. obtaining money the public by the sale of shares. "'ucb un­ BROTHEL. Aba wdy-house ; a house of dertakings were the II commonly called ...IUi). Ill fame; a common llabitation of prostitutes. bles." This Iegislation was prompted by tbe - BUCK. TALL 157 Be RDE� OF PROOF collapse of tbe" outh Rea Project," which, I change, meaning one who speculates for a rise as Blackstone says, "bad beggared half tbe in the market. nation." It was mostly repealed by the stat­ BULLA. .A. seal used by the Roman em­ ute 6 Geo. IV. c. 91. perors, during the lower empire; and which BUCKSTALL. A toil to take deer. 4 lnst. was of four kinds,-gold, silver, wax, and 806. lead.

BUDGET. A name given in England to BULLETIN. An officially published no­ the statement annually presented to parlia­ tice 01' announcement concerning the progress ment by the chancellor of the excheq uer, con­ of matters of public importance. In France, C taining the estimates of the national revenue the registry of the laws. and expenditure. BULLETIN DES LOIS. In France, BUGGERY. A carnal copulation against the official sheet which publishes the laws nature: and this is either by the confusion of and decrees; this publication con titutes the of the la w or decree, spedes,-that is to say, a man or a woman prom ulgation D with a of as a man brute beast,-or sexes, BULLION. Gold and silver intended to with a or man with a wo­ man, unnaturally be coined. The term is usually applied to II man. 3 Inst. 12 36. 58; Coke, quantity of these metals ready for the mint. but as yet lying in bars, plates, lumps, or BUILDING. A structure or edifice erect­ E other masses; but it may also include orna­ ed by the hand of man. composed of natural ments or dishes of and silver, materials, as stone or wood, and intended for gold orforeign coins not current as when intended use or convenience. money, to be descriptive of its adaptability to be BUILDING LEASE. A lease of land coined, and not of other purposes to which it F tor a 10nO' term of at a rent years, usually 99, may be put. called a "ground rent," the lessee covenant­ BULLION FUND. A fund of public ing to erect certain edifices thereon according money maintained in connection with the to speciflcation, and to maintain the same, mints, for the purpose of purchasing precious etc., during the term. G metals for COinage. BUILDING SOCIETY. An associa­ BUM-BAILIFF. .A. person employed to tion in which the subscriptions of the mem­ dun one for a debt; a bailiff employed to ar- bers form a capital stock or fund out of which re t a debtor. Probably a vulgar corruption advances may be made to members desiring H of "bound-bailiff," (q. v.) them. on mortgage security. BUNDA. In old Engli h law. .A. bound, BUL. In the ancient IIebrew chronology, boundary, border, or limit, (terminu.Y,lime·,) the eighth month of the ecclesiasLical, and the BUNGALOW. A in the second of the civil. year. It has since been country-bouse East Indies. called "Idarslumam," and answeis to our Oc­ tober. BUOY. In maritime law. A piece of or II or other BULK. Unbroken packages. Merchan­ wood or cork, barrel, raft, thing, made secure and floating upon II stream or di e which is n ither counted. weighed, nor J as a and to measured, bay, intended guide warning II where the water Bulk is said of that which is neither count­ mariner, by marking spot is shallow, or where there is a reef 01' other ed. weighed, nor measured. .A. sale by the to or to mark the course bulk is the sale of flo quantity such as it is, danger navigation, channel. without or of a deviou measurtng , counting, weighing. K ivil ('ode Ln. art. 3556, 6. par. BURDEN OF PROOF. (Lat. onus PTa- In the law of evidence. The nec s­ BULL. In ecclesiastical law. An in­ I baudi.) sity or duty of affirmatively proving a fact strument granted by the pope of Rome, and or fact in di pute on an issue raised between sealed with 1\ eal of I ad, containing some l the parties in a cause. d cree, commandment, 01' other public act, emanating from the ponllIT. Hull. in this The term "burden of proof" i not to be sen se, COlT pond with edict Ill' letters patent confu etl with "prima fa 'ie ea e." 'When from other gO\ rurnents. ewell: "" BI. the party upon whom the burden of proof Comm. M 11(1; -1 teph. onuu. 177. 179. re t has made out II pima facie case. this '1 hi i a o ,I cunt term of the Stock E _ will, In general, sutlice to shift the burden. BUREAU 158 BURGLARY

In other words, the former expression de­ An elector or voter; 8 person legally qual­ notes the necessity of establishing the latter. ified to vote at elections. The word in til;

- sense is defined the statute 5 BUREAU. An office for the transaction particularly by & 6 Wm. IV. c. 76, 9,13. 3 Steph. Comm. of business. A name given to the several §§ 192. departments of the executive or admlnistra­ A representative of a borough or town, in ti ve branch of government, or to their larger parliament. Co. LiLt. 109a; 1 Bl. Comm. BU bdi visions. 174. in BUREAUCRACY. A system which In American law. The cbief executive the business of is carried on in government officer of a borough, bearing the same rela­ departments, each under the control of a tion to its government and affairs that the chief, in contradistinction from a in system mayo?' does to those of a city. So used in which the officers of have a co­ government Pennsylvania • ordinate authority. BURGESS ROLL. A roll, required by A term BURG, BUR·GH. anciently ap­ the St. 5 & 6 Wm. IV. c. 76, to be kept in to a castle orfortified a plied place; borough, corporate towns or boroughs, of the names (s- v.) Spelman. of burgesses entitled to certain new rights conferred that act. BURGAGE. A name anciently given to by in a town. a dwelling-house borough BURGH-BRECHE. A fine imposed on Blount. the communityof a town, for a breach of the BURGAGE-HOLDING. A tenure by peace, etc. which lands in in Scotland royal boroughs BUR G H ENGLISH. See Bononon were held of the The service was sovereign. ENGLISH. watching and warding, and was done by the En­ burgesses within the territory of the bor­ BUR G H ENGLOYS. Borough oug h, whether expressed in the charter or not. glish, (q. e.) BURGAGE-TENURE. In English law. BURGHMAILS. Yearly payments to the crown of introduced Mal­ One of the three species of free socage hold­ Scotland, by colm and the ree­ ings; a tenure whereby houses and lands Ill., resembling English farm rents. which were formerly the si te of houses, in an ancient borough. are held of some lord by a BURGHMOTE. In Saxon law. A certain rent. There are a great many cus­ court of justice held semi-annually by the toms these tenures, the most re­ affecting bishop or lord in a bm'g, which the thanes markable of which is the custom of Borough were bound to attend without summons. English. See Litt. � 162; 2 BI. Comm. !:!2. BURGLAR. One who commits burglary. BURGATOR. One who breaks into One who breaks into a dwelling-house in the houses or inclosed places, as distinguished night-time with intent to commit a felony. from one who committed robbery in the open country. Spelman. BURGLARIOUSLY. In pleading. A technical word which must be introduced Into BURGBOTE. In old English law. A an indictment for burglary at common law. term applied to a contribution towards the repair of castles or walls of defense, or of a BURGLARITER. L. Lat. (Burglari­ borougb, ously.) In old criminal pleading. A neces­ for BURGENSES. In old English law. In­ sary word in indictments burglary. habitants of a burgus or borough; burgesses. BURGLARY. In criminal law. The Fleta, lib. 5, c. 6, § 10. breaking and entering the bouse of another in intent to commit a BURGERISTH. A word used in Domes­ the night-time, with therein, whether the be actual­ day, signifying a breach of the peace in a felony felony committed or not. 3 Inst. 1 P. town. Jacob. ly 63; Hale, C. 549; 1 Hawk. P. C. c. 38, § 1- BURGESS. In law. An in­ English Burglary is tbe breaking and entering the dwell­ habitant or freeman of a borough or town; a Ing-bouse of another, in the nigbt-time, with In· tent to commit a 29 Ind. 1 N. J. person duly and legally admitted a member felony. 80; Law, 441; 9 Ired. 4e3; 1 Dcv. 253; 7 Mass. 247. of a municipal corporation. Spelman; 3 has milch Steph. Comrn. 188, 1 9. The common-law detlnition been statute in several of the states. A magistrate of a borough. :Vlount. modified by B ·HGOMA. TER 159

For example: "Every person who enters any king's private treasury by the burgesses or bouse, room, apartment, tenement, shop, inhabitants of a borough. warehouse, store, mill, barn, stable, out­ BURSA. .A bouse, or other building, tent. vessel, or rail­ purse. road car, with intent to commit grand or BURSAR. A treasurer ot a college. petit larceny, or any felony, is guilty of burg­ lary." Pen. Code Cal. 459. § BURSARIA. The exchequer of collegiate or conventual or the of receiv­ BURGOMASTER. The title given in bodies; place ing, and the bursars. Germany to the chief executive officer of a paying, accounting by Also stipendiary scholars. who live upon the borough, tOWD, or city: corresponding to our C burse, or D t-stock of the "mayor." fund, joi college. BURGUNDIAN LAW. See LEX BUR­ BURYING ALIVE. In English law. GUNDIONUM. The ancient punishment of sodomites, and those who csntracted with Jews. Fleta, Jib. BURGWHAR. A burgess, (q. '0.) D 1, c. 27, § 3. BVRIAL. epulture: the act of interring .A set dead human bodies. BURYING-GROUND. place apart for the interment of the dead; a ceme- BURKISM, (from the name of its first tery. E perpetrator.) The practice of killing persons for the purpose of selling their bodies for dis­ BUSCARL. In axon and old English section. law. Seamen or marines. Spelman.

BURLAW COURTS. In Scotch law. BUSHEL. A dry measure, containing Courts of selected F consisting neighbors by fonr pecks, eight gallons, or thirty-two common consent to act as in deter­ judges quarts. But the dimensions of a bushel, and between and milling disputes neighbor neigh­ the weight of a bushel of grain, etc., vary in bor. the different states in consequence of statu- BURLAWS. In Scotch law. Laws made tory enactments. G by neighbors elected by common consent in BUSINESS. This word embraces every­ the burla w courts. Skene. thing about which a person can be employed. BURN. To consume with fire. The verb 23 N. Y. 242, 244. "to burn ;" in an indictment for arson, is to That which occupies the time, attention, H be taken in its common meaning of "to con­ and labor of men for the purpose of a liveli­ sume with fire." 17 Ga. 130. hood or profit. The doing of a single act Burning and setting fire to are not legal pertaining to a particular business will not synonyms. 5 Grat. 664. be considered engaging lD or carrying on the busi a series of such acts would be BURNING FLUID. As used in policies ness; yet so considered. 50 Ala. 130. See, also, 2 of Insurance, this term does not mean any Allen, 395; 3l:3 N. J. Law, 237. fluid which will burn, but it means a recog­ and work are not nized article of commerce, called by that Labor. business, synonyms. Labor may be business. but it is not necessarily so j name, lind which Is a different article from and business is not always labor. Making an J or kerosene. 4 Fed. 24 naphtha Rep. 766; agreement for the sale of a chattel is not within a Huo.569. prohibition of labor upon Sunday, though it is lit by a merchant in his calling) within a prohibtttoa IN THE HAND. In old BURNING upon business.. 2 Ohio St.. 387. Engli h criminal law, laymen, upon being K ac orded the benefit of clergy, were burned BUSINESS HOURS. Those hours of with a hot iron in the brawn of the left the day during which, in a given community, thumb, in order that. being thus marked, commercial, banking, professional, public, they could not again claim their clergy. 4 or other kinds of business are ordinarily car- £1. Comm. 867. ried on. L This phrase is declared to mean not the time BURROCHIUM. A burroch, dam, or during which a principal requires an employee's emall wear over a river, where traps are laid services, but the business hours of the community tor the taking of fish. Cowell. generally. 1 Minn. 133, (Gil 119.)

BURROWMEALIS. In scotch law. A BUSONES COMITATUS. In old En- M term used to de ignate the rents paid into the glL�h law. The baron of a county BU ...,sA 160 BY-LAW

BUSSA. A term used in the old English who is not in possession of the land or i lis­ law, to designate a large and clumsily con­ seised. Void, and an offense, at COWmon structed shlp, law.

BUTLERAGE. A privilege formerly al­ BY. This word, when descriptively u ed lowed to the ki ng's butler. to take a certain in a grant, does not mean" in immediate con­ part of every cask of wine imported by an tact with," but "near" to. the objecl to alien. which it relates : and "near" is a relative term, meaning. when used in land patents. BUTLER'S ORDINANCE. In English very unequal and different distances. 6 Gill. law. A law for the heir to punish waste in 121; 48N. R. 491. the life of the ancestor. "Though it be on A contract to complete work by a certain record in the parliament book of Ed ward 1., time, means that it shall be done before that it never was a statute. nor ever so re­ yet time. 3 Pen. & W. 48. ceived; but only some constitution of the king's council, or lords in parliament, which By an acquittance for the last pay­ never obtained the strength or force of an act ment all other arrearages are d.iBcharged. of parliament." Hale. Rist. Eng. Law, p. 18. Noy,40.

BUTT. A measure of liquid capacity. BY-BIDDING. In the law relating to equal to one hundred and eight gallons; also sales by auction, this term is equivalent to a measure of land. "purling." The practice consiste in making fictitious bids for the property, under a 5&0 BUTTALS. The bounding lines of land cret arrangement with the owner or auc­ at the end; abuttals, which see. tioneer, for the purpose of misleading and BUTTED AND BOUNDED. A phrase siimulating other persons who are bidding in sometimes used in conveyancing, to intro­ good faith. boundaries of lands. See BUTTS duce the BY BILL, BY BILL WITHOUT AND BOUNDS. WRIT. In practice. Terms anciently used BUTTS. In old English law. Short to designate actions commenced by originnl pieces of land left unplowed at the ends of bill. as distinguished from those commenced in fields, where the plow was turned about. by original urrit, and applied modern prac­ (otherwise called" headlands,") as sidelings tice to suits commenced by capias ad respon­ dendum. 1 Pro 5 213. were similar unplowed pieces on the sides. Arch. pp. 2, a37; Hill. Burrill. BY ESTIMATION. In conveyancmg. Also a place where bowmen meet to shoot A term used to indicate that the quantity of at a mark. land as stated is esti mated only. not exactly BUTTS AND BOUNDS. A phrase used measured; has the same meaning and effect in conveyancing, to describe the end lines or as the phrase "more or less." lines of a certain of circumscribing piece BY GOD AND MY COUNTRY. In old land. The phrase "metes and bounds" has English criminal practice. The established the same meaning. formula of reply by a prisoner. when ar­ BUTTY. A local term in the north of raigned at the bar. to the question. "Culprit, England. for the associate or deputy of an­ how wilt thou be tried?" other; also of things used in common. BY-LAWS. Regulations, ordinances. or rules a for its BUY. To acquire the ownership of prop­ enacted by private corporation erty by giving an accepted price or considera­ own government. tion therefor; or by agreeing to do so; to ac­ A by-law is a rule or law of a corporation, for its government, and is a legislative act, and the quire by the payment of a price or value; to solemnities and sanction required by the charter Wel.Jster. purchase. must be observed. A resolution is not necessarily a a law be in the form of a BUY IN. To purchase. at public sale, by-law, though by may resolution. 7 Barb .. 508. which is one's own 01' which one has property "That the reasonableness ot a by-law ot a corpo­ caused or procured to be sold. ration is a question ot law. and not ot tact, has al· ways been the established rule; but in the case of BUYER. One who a buys; purchaser, State v. Overton. :H . J, Law, 4.'35, a distinctioD particularly of chattels, was taken in this respect between a by-law and .. regulation, the validity of the former being a ju .. TITLES. The of .. BUYING purchase dicial question, while the latter was regarded the rights or claims to real estate of a person matter Ln lJui.8.. But although. in one of the nprn- BY-LAWS IGl BYE-BIL-WUFF A. lona read In the case referred to, the view was A. public road, a pri vate road, and a by­ clearly expressed that the reasonableness of a cor­ road. A by-road is II road used by the in­ porate regulation was properly for the considera­ habitants, and but not tion of the jury, and not of the court, yet it was recognized by statute, nevertheless stated that the point was not involved laid out. Such roads are often called" drift­ in the controversy tben to be decided. There is ways." They are roads of necessity in new­ no donbt that the rule thus intimated is in oppoal­ ly-settled countries. 29 N. J. Law, 516. tion to recent American autborrtles. Nor have I See, also, Id. 68. been able to find in the English books any such An obscure or road in its distinction as that above stated between a by·law neighborhood and a regulation of a corporation." 84 N. J. Law, earlier existence, not used to any great ex­ isa tent by the public, yet so far a public road C The word bas 111 so bern used to designate that the public have of right free access to it the local Iaws or mu nicipal statutes of a city at all times. 34 N. J. Law, 89. or town. But of Jate the tendency is to em­ BY THE BY. Incidentally; without ploy the word "ordinance" exclusively for new process. A term IISed in former En- this class of enactments. reserving "by-law" glish practice to denote the method of filing a 0 for the rules adopted by pri vate corporations. declaration against a defendant who was al­ BY LAW MEN. In English law. The ready in the custody of the court at the suit chief men of a town, representing the in­ of a dtfferent plaintiff or of tbe same plaintiff in habitants. another cause. E BY-ROAD. The statute law of New Jer­ BYE-BIL-WUFFA. In IIindu law. A sey recognizes three different kinds of roads: deed of mortgage or conditional sale. ..ut.DIOT.LAw-U F

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