B BAD

B.
B. The sec ond letter of th e English al ph a­ BACKBEREND. Sax. Benrlng upon
bet; is used to denote VIe second of a series the ba ck Ol' abo ut tho person. Applied to a
of pages, notes, etc. ; the subsequentJ'etters, thief taken with the stolen property in bis
the third and following numbers. immediatE." possessi o n . Bract. 1. 3, tr. 2.
c. 32. Used w i th handhabend, having in the
B. C. An abbreviation for "before
hand.
Christ," U bail court." and <I bankruptcy

cases." BACKBOND. In Scotch la\v. A deed

attaching a quali fi ca tion or condition to the
B. E. An abbreviation for " Baro n of the
terms of a conveyal\ce or other instrument
Court of Excheq uer. "
This deed is used when particular circum­
B. F. An abbreviation for bonum fac­ stances render i t necessary t o express in a

tum, a good or proper act. deed, or decree; separate (orm the lim itations or qu ali fic a lioll s
signifies "approved.
It of a right. Bell. The instrument is equiv.
alent to a declaration of trust in English con­
B. R. An abbreviation for Bancu8 Regis. veyanCing.
(King's BenCh,) or Bancus Regime. (Queen's
BenCh . ) It is frequently tound in the old BACKING. Indorsement j i n dorsem ent

books as a designatio n of that cour t. In by a magistrate.

more recent usage, the inilial leLters oC the BACKING A WARRANT. The war·
English names are ordinarily employed. i. e.,-' rant of a j ustice of the peace cannot be en·
K. B. or Q. B. forced or execUled outsitle of his terrilorial
jurisdiction unless a magis trate of tbe juris­
B. S. Ballcus Superior, that is, upper
diction where it is to be executed ind orses or
bench.
writes 011 the back of suc h warrant an au·
H BABY ACT." A plea o! Intancy, tnter· thority for that purpose, which is thence
posed for the purpose of defeating an ac Li on termed II backi ng tbe warr ant. J,
upon a contr act made while the per sall was a
BACKSIDE. In English In w. A term
minor, is vulgarly called .. pleading the baby
for merly used in conveyances and also iB
act. n By extension, the t erm is alJPlied to a
ple alling; it imports a yard at the back par�
plea of the statutI;! of limitations.
of or behind a lJOuse, and belonging thereto,
BACHELERIA. In old records. Com·
BACKWARDATION. In the language
monalty or yeomanry, in contradistinction to
of the stock eXChange, this term signifies a
u aron a ge.
consideratiou p aid for delay in the deliveey
BACHELOR. The hol der of tbe first or of stock. contracted for. when the price is
lowest d egre e conferred by a co llf'g c or uni ­
lower for time than for cash. Dos IJassos.
ver Sity . e. g .• a bac:helol' of ar ts. bachelor of Stock-l.ll'ok. 270.
law. etc . BACKWARDS. In a p olicy of marIne
A kind of inferior knight; an esquire. insurance, the phrase "forwards and back·
A man who has never been married.
wards at sea " means from port to port in the
course of the voyage. and not mere ly from
BACKWATER. \Va te r in a stream
one terminus La tbe other an d back. 1 Ta unt.
which. in conseq uenc e of some dam or ob­
475.
struction below, is detained or checl{L'd in its
cou!"se, or flows back. BACULUS. A rod, staff. or wand. uaea
Walel caused to flow backward from 8 in old Engl i sh practice in making l ivery of
steam-vt!ssel by reason of the aclion of its seisin where no buildi og stood on the land.
wbeels or screw. (Bract. 40;) It stick or wand, by the erection
of which on the land involved in a re al ao­
BACKBEAR. In forest law. Carrying
tiou the defen dant was summoned to put In
on the back. One of the cas es in which an
bis appearance ; this was called "baculu.tnun·
offen der against vert and venison might be
tiato1'lus." 3 ill. Comm. 279.
an"BSted.a.s being taken with the mainour. or
manner. 01" found carrying a d ee r off on his BAD, (in substance.) The technical word
bacl" Manwood; Cowell. for unsoundness in pleuJing.
 BADGE 118 BAIL-BOND

BADGE. A mark or cognizance worn to appearance wben required.) in order that h.

show the relation of the wearer to any person
or thing; the token of nnythiTlg i a distinctive
mark of office or service.
BADGE OF FRAUD. A term
I.31atively to tha law of fraudulent convey­
nnee&, made to hinder and defraud creditors.
It is defined as a fact tending to throw suspi­
cion upon a transaction, and calli ng for an
explanation. Bump, }""'raud. Conv. 31.
BADGFE. In old English law.
who made a practice of buying corn or vict­
uals in one place, and carrying them to an­
other to sell and make profit by them.
BAG. A certain and customary quantity
of goods and merchandise in a sack.
&on.
may be safely protectetl from prison. Whar­
ton.
BAIL, n. In practice. The sureties who
used procure the release of a person under ar­
rest, by becoming responsible for his appear­
ance at the time and place designated. Those
persons who become sureties for the appear­
ance of the defendant in court.
Upon those contracts of indemnity whioh nrc C
takon in legal proceedings a.s security for the per­
One formance of an obligation imposed or declared by
tho tribunals, and known as undertakings or re­
cogni:l:ances, the Bureties a.re called "ba.iL" Civil
Code Cal. § 2780.
The taking of bail consists in the acceptance by D
a competent court, maglstrate, or officer, of sufll.·
cient bail tor the appeara.nce of the defendant a(',­
Wbar­
cording to the legal effect of his undertaking, or
for the pa.yment to the state of a certain specified

BAGA. In English law. A bag or purse. sum It he does not appear. Code Ala.. 1886, § 4407.
Thus there 1s the petty-hag-office in the com­ Bail is of various kinds. Bucb as:
E
mon .law jurisdiction of the court of chanceryJ Civil bail. That taken in civil actions.
because all original writs rei aLiIlg to the busi­ Special bail, being persons who undertake
ness of the crown were formerly kept ill a that if the defendant is condemned. in the
litUe sack or bag. in paroa baua. 1 Madel. action he shall pay the debt or surrender F
Ch.4. himself for imprisonment.
BAGGAGE. In the law of carriers. This Bail i n error. That given by a defend­
term comprises such articles of personal COll­ ant who intends to bring error on the jUdg­
venience or necessity as are usually carried ment and desires a stay of execution in the G
by l'a�):H;'ngers for their personal use, and not mean time.
merchandise or other valuables, although See, (ul'ther, the following titles.
carlied in the trunks of passengers, which In Canadian law. A lease. Ball em­
are not designed for any such use, but for phytrotiqu,e. A lease for years, with a right
other purposes, sucb as a. sale and the like. to prolong indefinitely. 5 Low. Can. mn. It is H
Story, Bailru. § 499. See, also, Hutch. Carr. equivalent to an alienation. 6 Low. Can. 58.
§ 679; L. R. 6 Q. B. 612; 6 Ilill. 586; 9
BAlL A CHEPTEL. In French law. A
Humph. 621; 23 Fed. Hep. 765. See cases
contract by which one of the parties gives to
collected in 1 Amer. & Eng. Enc. Law, 1042.
The term includes whatever the passenger
the other cattle to keep, feed, and care for,
I
the borrower receiving half the profit of in­
takes with him for bis personal use or con­
crease, and bearing half tbe los8. Duverger.
venience according to the halJits or wants of
the particular class to which he belongs, either BAIL A FERME. In Frencb law. A
with refereuce to the immediate necessities contract of letting lands.
or ultimate purpose of the journey. 1. R. J
6 Q. B . 612.
BAIL A LOYER. In Frencb law . A
contract of letting houses.
BAHADUM. A cbest or coffer. Fleta.
BAIL A RENTE. In French law. A
BAIL, c. To procure the release of a contract partaking of the nature of the con- �
person from legal custody, by undertaking tract of sale. �nd that of the contract of leasej
that be shall appear at the time and place it is translative of property, and the rent is
deSignated and submit himself to the jurisdic­ essentially redeemable. 4 La. 2B6; Potb.
tion and judgment of the court. Bail a Rente, 1, 8.
To set at liberty a .verson arrested or im­
BAIL ABSOLUTE. Sureties whose lia.
l
prisoned, on security being taken for bis ap­
bility is conditioned upon the failure of the
pearance on a day and a place certain, which
principal. to duly account for money coming
BecuriLy i.a called .. bail, It because the party
to his hands as administrator, guardian, etc.
arrested or imprisoned is deli vered into the
banda of those who bind themselves tor hIs BAIL-BOND. In practice. A bond ex­ M
forthcoming. (that ie, become bail for his due ecuted by a defendant who bas been arrested,
A1.l.DIOT.LAw--8
 BAIL, COMMON 114 BAILIFFS OF MANORS.

together with other persons as sureties. nam­ is one for which the prisoner may be admitted
ing t.be sheriff, constable. or marshal as ob ­ to bail.
ligee, in a penrusum proportioned to the dam­
BAILEE. In the law of contracts. One
ages claimed or penalty denounced, condi­
to whom goods are bailed; the party to \\'hom
tioned that the defendant shall duly appear personal property is deliver�d under a con­
to answer to the legal process in the officer's tract of bailment.
hands, or shall cause special b ai l to be put in.
as the case may be. BAILIE. In the Scotch law. A bailie I.
( 1) a magisLrate having inferior criminalju­
BAIL, COMMON, In practice. A Octi. risdicttoD, similar to that of an alderman,
tious proceeding, intendell only to express (q. v.j) (2) an ollicer appointed to confer in­
the nppenrance of a defendant, in cast's where feoffment. (q. V.i) a bailiff. (g. 11.;) a server
special baH is not required. It is put in ill of writs. Bell.
the saine form as special bail, but the su "'
- e­
BAILIFF. In a general sense, a person
ties are merely nominal or imaginary persons,
to whom some authority, care, guardianship,
ns John Doe and Uicbard Roe. 3Bt. Cemm.
or jurisdicLion is delivered, committed, or ill­
2�7.
trusted; one who is deputed Ql' apPoi n ted to
BAIL COURT. In English law a nd take charge of another's affairsj an overseer
practice. An auxiliary court of the court of or superintendent; a keeper, prott'lctor, or
queen's bench at Westminster, wherein pOints guardian; a steward. Spelman.
connected more particularly wiLh pleading A sheriff's officer or deputy. 1 BI. Corum.
'lnd practice are argued and deterlliined. 344.
TIolthollsc. A IUngi!\trate. who formerly administered
justice in Lhe parliaments or courts of :H'rallte.
BAIL PIECE. In practice. A f ormal
aIlSwering to the English sheriffs as m�n­
entry or memorandum of the recognizanceor tioned by Eracton.
undertaking of special bail in civil actions,
In the action of account render. A.
wInch, after Leing signed and acknowledged
person who bas by delivery the custody and
by the bail before the proper ollicer, is filed
administration of lands or goods for the ben­
in the COllrL in whicli the action is pawling.
efit o( the owner or bailor, and is liable to
3 B1. Comm. 291; 1 Tidd, Pl'. �50.
render an account thereof. Co. Litt. 271;
Story, Eq. Jur. § 446.
BAIL TO THE ACTION, BAIL
.A bailiff is defined to be ua servant that
ABOVE, OR SPECIAL BAIL. In prac­
tice. Persons who undertake jointly and has the administration and charge of lands.

severally in behalf of a defendant arrested on goodS. and chattels, to make the best benefit
for tile owner, against whom an action of
mesne process in a civil action that, if h� be
acco unt lies, for the profits which be has
conll(>rnlled in the action, he shaH pay the
raised or mnde, or might by his industry or
costs and condemnation, (that is, the amount
care have raieed or made." 25 Conn. 149.
which may be recovered against him.) or ren�
der himself a prisoner, or that they will pay BAILIF,F-ERRANT. A bailiff'S dep·
it for him. 3 BI. Comm. 291; 1 Tidd , 1'r. uty.
245.
BAILIFFS OF FRANCHISES. In
BAIL TO THE SHERIFF, OR BAIL English law. Officers who perform the du­
BEJ..IOW. In practice. Persons who un­ ties of sheriffs within liberties or privileged
dertake that a defendant arrested upon mesne jurisdictions, in which forlUerly the king's
process in a civil action shall duly appear to writ could not be executed by the sberiff.
answer the plaintiff; such undertaking being Spelman.
in the form of a bond given to the sheriff,
BAILIFFS OF HUNDREDS. In En·
termed a "bail-bond," (q. 'V.) ::J HI. Comm.
glish law. Officers appointed over hun­
9,90; 1 Tidd, Pl'. 221.
dreds. by the sheriffs, to collect fines therein,
and summon juries; to attend the judges and
BAILABLE. Capable ot being bailed;
jURtices at the assises and quarter sessions:
admitting of bail; autborizing or requiring
and also to execute writs and process in the
bail. A bailable action is one in which th"
eeveral bundreds. 1 BI. Comm . 345; 3 Steph.
defendant cannot be released from arrest ex­
Corum. 29; Bract. fol. 116.
cept on furnishing bail. Bailablep1'oceJs is
such as requires the officer to take bail, after BAILIFFS OF MANORS. In Engllsb
"resling the defendant. A bail able off.".., law. Stewards or age nts appointed by tb.
 BAlLlVIA lIb BAITING ANIMALS

lord (generally by an authority under se al) Bailment is a word of French orlgiR, signlficani
of the curtailed transfer, the delivery or mert:)
to 8uperint,end the manor, collf'ct fines, and
banding over, which is appropriate to the transao­
qu it rents, inspect the lmildings, o rd er re­
tion. Schouler, Pel's. Prop. 695.
pairs, cut down t ree s . impound catLle tres­ The test of a bailment is that the identical thing
passing. take an account of \'�"a ste ,
s spoils, is to be returned i if another thing of equal value
and ulisuemeanors in t he woods nnd de­ Is to be retut'ned, the transaction Is a sale. 6
l'homp. & C. 29; 8 Hun, 550.
mesne lands. and do other acts for the lord 's
i nterest. Co well. Sir William Jones has divided bailments
into five sorts, namely : DepOSitum, or de-­
BAILIVIA. In old law. A bailiff'. ju­ posi t ; mandatum, 01' co m miss io n without
risdiction. a bailiwick; the s ame as bailium.
recompense; commodatum, 01' loa n for use
C
Spelman. See BAILIWICK.
without pay; pignori acceptum, or pawn;
In old English law. A liberty. or ex­ lucatwn, or hiring, wbich is always with re�
clUsive jurisdiction, which wa.s exemp ted ward. This last
is subdivided into locatio
from the sl''i!riff of the county, and over which ui. or hiring, by which the hirer gains a 0
the lord of the liberty appoin ted a bailiff temporary use of the thing; lor:atio operis
with sucb powers within his prec i n c t as an faciendi , when so meth i n g is to be done to
limier-sheriff exercised unlier the sheriff of the thing delivered i locatio operis me1'cium
the county. \Vhislmw. 1Jehenda1�I"mf when the thing is merely to be

BAILIWICK. The terri toria l jurisdic­

carried from one place to another. Jones.
Bailm.36.
E
tion of asberiff or baili ff. 1 Bl. Comm. 344.
Lord Bolt divided bailments thus:
BAILLEUR DE FONDS. In Canadian (1) Depositum, or a naked bailment of goods,
ll\w. The un paid vendor of real estate. to be kept for the use of the bailor.
(2) Oommodatu,m. Where goods or oha.ttela
BAILL!. In old French law. One to that 1\1'6 useful a.re lent to the bailee aratia, to be F
used by him.
whom judicial authority was assigned or
(3) Locatio Tet.. Where goods are lent to the
delivered by 8 super i or . bailee to be used by him for hire.

BAILMENT. A deliv ery of goods or (4) Vadium. Pa.wn or pledge.

personal p roperty. by one person to another,
(5) Locr/,tiIJ operLs jacLendi. Where
delivered to be carried, or something is to be done
good� are
6
in trust for the execution of a special oltject a.bout them, for a reward to be paid to the bailee.
upon or in relati on to s uc h goods. bene ficial (6) M(L1!(latwn.. A dativel'Y of goods to some...
either to the bailor or bailee or both, and body who is to carry them, or do something about.
them, grat-/..s. 2 Ld. Raym. 009.
upon a contract. express or impli ed, to per­
form the trust and carry out such object, and
Another division, suggested by Bouvier, is as fol· H
lows: First, those bailments which are for the
thereupon ei the r to redeliver the goods to bencfit of the bailor, or of some person whom he
the bai [or or otberwise dispose of the Bame in represents; second, those for the benefit of the
bailee, ot' some person represented by him; third,
conformity willi the purpose of the trust.
those which a.re for the benefit of both partios.
S•• Cod. Ga. 1882, § 2058.
A delivery of goods in trust upon a contract, ex· BAILOR. The p.uty who bails or delly.
pressed or implied, that the trnst shall be faith· erB goods to ano t her, in the contract of bail�
fully executed on the part of the bailee. 2 Bl.
ment.
Comm.455.
Bailment, from the French baUler, to deliver, is
BAIR-MAN. In old Scotch law. .A. poor
l
a delivery of goods for some purpose, upon a con·
tract, express or implied, that. after tho purpose inso v e n t debtor, left bare and naked, who J
has been fulfilled, they shall be redelivered to tho was obli ged to sweat· in court that he was
bailor, or otherwise dealt with. according to his not worth more than five shillings nlld h
t e­
dirl:lcLiuns, or (us tbe case may be) kept till be re­
pence.
tlaims them. 2 Steph. Comm. SO.
A delivery of goods in trust upon a contract, ex­
pressed or implied, that the trust shall be duly
BAIRNS. In Scotch law . A known te rm, K
executed, and tho goods restored by the bailee as
used to denote onels whole issue. Ersk.
800n as the purposes of the bailment sball be an- lnst. 3, l:!. 48. But it is sometirnes used in a

8wered. 2 Ken� Comm. 559. more limited sense. Bell.

L
Bailment is a delivery of a thing in trust 101'
Borne special object or purpose, and t:pon a con­ BAIRN'S PART. In Scotch law. Chil-
tract, express or implied, to conform to the object drrn's part j a third part of the defunct's free
or purpose of the trust. Story, Ba.Um. 8.
mo v ables , debts deducted, it the wifa sur-
A delivery of goods in trust on a contract, either
expl'essed or implied, that the trust shall be duly Yi ve, and a half if thero be no relict.
executed, and the goods redcli vered as soon as tbe
time or use for which they were bailed shall have BAITING ANIMALS. In English law. M
elapsed or be pel'formed. Jones, B o.ilm. 117. Proc uri ng them to be \yorried by d ogs . PUI_!..
 BALlE NA 116 BAN

lshable on summary conviction, under 12 & BALISE. Fr. In Fl'ench marine law.
13 Vict. c. 92. § 3. A buoy.

BALlENA. A large fish. called by Black­ BALIUS. In the civil law. .A. t.eacheri
stone a .. whale." Of this the king had the one who bas the care of youthi a tutor; a
head and the queen the tail as a perquisite guardian. D u Cange; Spelman.
whenever one was taken on the coast of Eng­
BALIVA. L. Lat,' In old English law.
land. 1 BI. Comm. 222. .' A bailiwick, or juriSdiction •

BALANCE. The amount remainlng due

BALLAST. In marine insurance. Tbere
from one person to another on a settlement
is considerable analogy between ballast and
of tile accounts involving their mutual deal­
dunnage. The former is used for trimming
ings; the difference between the two sides
the ship, and bringing it down to a draft or
(debit and credit) of an account.
water proper and safe for sailing. DUTlll<lge
A. balance is the conclusion or result of
is placed under the cargo to keep it from ba­
the debit and credit sides of an account. It
ing wetted by water getting into the 110M, or
implies mutual dealings, �nd the existence of
between the different parcels to keep them
debt ami credit, without which there could
from bl'uising and injuring each other. 13
be no balance. 45 Mo. 574. See. all o. 71
Wall. 674.
Pa. St. 69.
The term is also frequently used in the BALLASTAGE. A toll paid for tllepriv.
sense of residue or remainderj as when a ilege of taking up ballast from the bottom of
will speaks of "the balance of my estate. " a port or harbor.
Sired. 155; 23 S. C. 269.
BALLIVO AMOVENDO. An 'Dcient
BALANCE OF TRADE. The d iffer­ writ to remove a bailiff from his office for
ence between the value of the exports from want of sufficient land in the baili wick. Reg.
and imports into a country. Orig. 78.

BALANCE-SHEET. Wh en it is desired BALLOT. In the law of elections. A sllp

to ascertain the exact state of a merchant's
business, 01" other commercial enterprise, at
a given time, all the ledger aecounts are
closed up to date and balances struck; and
these balances, when exhibited together on n
single page, and so grouped and arranged
as to close into each other and be summed
up in one general result, constitute the " bal­
ance-sbeet. "
BALCANIFER, or BALDAKINIFER.
The standard-bearer of the Knights Temp­
!ar.
BALCONIES. Small galleries of wood
or stone on the outside of houses. The eree·
tion of them is regulated in London by the
building acts.
BALDIO. In Spanish law. Wasteland;
land that is neitber arable nor pasture.
White. New Recop. b. 2. tit. 1. c. 6. § 4. and
note.
of paper bearing the names of the offices to
be filled at the particular election and the
names of the candidates for whom the elector
desires to vote; it may be printed, or writ..
ten, or partly printed and partly written. and
is depOSited by the voter in a " ballot-box"
which is in the custody of the officers holding
the election.
Also-the act of voting by balls or tickets.
A ballot is a ticket folded in such a man�
ner that nothing written or priuted thereon
can be seen. Pol. Code Cal. § 1186.
defined to be "a paper ticket contain·
A ballot is
ing the names of the persons for whom the elector
intends to vote, a.nd desiguatillg tho office to which
eacb person 80 named is intended by him to be
chosen.'" Thus a ballot, or a ticket, is a Bingle
piece of paper conta.ining the names of the ca.ndi·
dates and the offices for which they a.re running.
It the eleotor wer e to wr ite the names at the can­
didates upon his ticket twice or three or more
times, he does not thereby make it more than one
ticket. 28 Ca.L 136.

BALE. A pack or certain quantity of BALLOT-BOX. A case mad. ot wood

goods or merchandise, wmpped or packed up
in cloth and corded round very tightly, marked
and n u m bered with figures corresponding to
those in the bills of lading for the purpose of
. public baths.
1d.entification. Wharton.
A bale of cotton is a certain quantity of
that oommodity compressed into a cubical
form, !O as to occupy leas room than when in
baIlS. 2 Car. &; P. 525,
for receiving ballot•.
B A L N E A R I I . In tbe Roman law.
-
Those who stole the clothes of bathers in the
4 Bl. Comm. 239.
BAN. 1. In old English and oivlllaw.
.A. proclamation; a public notice; the an.
nouncement of an intended marriage. Cow·
ell An excommunication; a curse. puulioly
 HAN 117 HANK

pronounced. A proclamation of silence made A sitting in bane; the si ttings of a cou rt

by a erier in court before tbe meeting of with its full judicial auth o rity. or in full
c hampions in combat. rd. A statute. e di ct, form, as dis ti nguished from sitLings at nut
or command; a fi n e, or penalty. prius.
2. In French law. The right of an� A stall , bench, table , or coun ter , on which
nouneing the lime of mowing. reaping, (lnd goods were ex posed for s ale . Co well .
Jl'uli]fring t.he vintage. e x e rcise d by certain
BANCUS REGINlE. L. Lat. The
seignorial lords. Guyot. Repert. Duiv.
queen's bench. See QUEEN'S BENCR.
S. An expanse: an extent of space or ter�
ritary; a SPa46 inc losed within certain lim. BANCUS REGIS. Lat. The king" C
it�; the limits or bounds themselves. S pal. bench; the supreme tribunal of the king after
man. parliament. 3 BI. Corom. 41.
4 . .A. pri v ileged space or territory around
BANCUS S U P E RIO R . Thellpper
a town, monastery. or other place.
bench. The king'e bench was so called dur-
5. In old European law. A mili t<1 ry
ing t.be Protectorate. D
stan dard ; nthing unfurled. a banner. Sp eI ­
mnn. A summoning to a stand ard ; a call ­ BAND. In old Scotch law. A proclama.
ing out of a milita ry force: the fOl'ce itself tion c<\l ling out a m ilitary force.
110 su m mone d ;
proclamation.
a national army levied by
BANDIT. An outlaw ; a man banned, E
or put under a ban; a brigand or robber.
BANAL . In Canadian 'and old F rench Banditti, a band of robbers.
law. Per taining toa ban or privileged place ;
bav ing qualities or pri vileges derived from a BANE. A malefactor. Bract. I. 1. t. 8,
c. 1.
ban. Thus. a banal mill is one to which the
Also a pubJic denunciation of a m alefactor;
F
lord may requ ire bis ten ant to c arry his gra in
to be groll nu. the sam e with what was called II ku,tesium,"

hue and cry. Spelman.

BANALIT Y. In Canadian law. The
right by v irt ne of which a lord s ubj e cts his BANERET , or BANNERET . In En­
vHssa l s to grind at hi s mill. bake at his oven, glish la w. A knight made in the field, by the G
etc, Used a l so of the region within which ceremony of cutti ng off the paint of his stand.
this r igh t applied . Guyot. nepert. Univ. a rd , and making it. as, it were, a banner.
Knights so made are accounted so honorable
BANC. Bench; the seat of judgmen t;
that they are allowed to display their arms
the place where 11 co ur t permanently 01' reg­
in the royal army. as barons do. an d may
H
ularl y sits. bear arms with su pport ers. They rank next
The full bench. fu ll court.A.. " si tting in to ba ro n s ; and were sometimes called "tlex­
ba11c" is a meeting of all the judges of a tllartt. .
.
'Vbal'ton.
court. usually for the purpose of hearing ar­
guments on de murrer s, pOints reserved, mo­ BANI. Deoda n ds, (q• ••)

tions for new trial, elc., as distinguished

BANISHMENT. In crim inal law. A
from the silti ng of a single ju dge at the as­
pu nishment inflicted upon criminals, by com­
Jises or at nisi prius and from trials at bar.
pell in g thrill to quit a city . place. or country
BANCI NARRATORES. In old E n­ for a specifie d period of time. or for life. J
glish law. Advocates; countors; serjeants. See 4 Dall. 14.
Applied to advocates in the common pleM It 18 inflicted prinCipally upon pOlitical offend-
co u rts. 1 BI. Comm. 24; Cowell. er8, "transportation" being the word used to ex­
press a similar punishment of ordinal'Y criminals.
BANCO. Ital. See BANO. A 'eat or Banishment, however. merely forbids the return K
ben c b ot justice ; also, in commerce, a word of the person banished before the expirfLtion of
the sentence, while transportation involves the
of Italian. origin signifying a bank..
Idea of deprivation of liberty after the convict ar.
rives at the place to which be has been carried.
BANCUS. In old English In w and prac­
Rap. &1..
tice. A bench or seat in the king's hal1 or
l
pa lace. Flet". lib. 2, c. 16, § l. BANK. 1.
A bench or seat; the benc ll
A high scat . 01' seat of d isti nctio n ; a se at or tribunal occupied by the judgesj the seaL
of judg ment. or tribunal f.or the adm inistra­ of jU dg me n t ; 8 c our t . The full bench. or
tioll of Justice. full court; the assembly of all the judgo s of
The En gl ish court of common pleas was a court. A " sitti ng in bank" is a me�tillg M
formerly called" Banens." of all the j ud ge s of a court. usually for the
 BANK
purpose of bear ing arguments on demurrers.
points reserved. motions for new trial, etc.,
as distinguished from the sitting of a single
judge at the assises or at nisi pritt,s and from
trials at bar. But. in this sense, bane is the
more usual form of the word.
2. An institution, of great value in tbe
commercial world, empowered to receive de�
pOS it s of money, to make loans. and to issue
its promissory notes, (designed to circulate
as money. anel commonly called" bank·notes"
or ·'bank-bil1s, ") or to perform any oue or
more of these functions.
The term «bank" is usually restricted in
its application to an incorporated bo dy ; whila
a private individual making it lIis business
to conduct banking operations is denominat­
ed a "banker."
Also the house or place where such busi­
ness is carried on.
Banks in the commercial sense are of three
kinds. to-wit: (1) Of deposit; (2)
count; (3) of circnlatiol1. Strictly speaking,
the terUl "bank" implies a place for the d&­
posit of money, as that js the most obvious
purpose of such an institution. Originally
the business of banking consisted only in re­
ceiving deposits, such as bullion, plate , and
tue like, for safe· keeping until the depositor
should see fit to draw it out for use, but the
ousi ness, i n the progress of events, was ex­
tended, and bankel'sassumed to discount bills
and notes, and to loa n money upon mortgage,
pawn, or other security, and, at a still later
period, to issue notes of their own, intended
8S a circulating currency and a medium of
exchange, instead of gold and s il ver.
ern bankers frequently exercise any two or
evell nil three of those fUllctions. but it is
still true that an institution prohibitt!u from
ex�rcising any more tban one of those func­
tions is Ii bank, in the strictest commercial
sense. 17 Wall. lI8; Rev. St. U. S. § 3407.
a. An acclivity; an elevation or mound of
eartu; usually applied in this sense to the
raised earth bordering the sides of a water·
course.
BANK-ACCOUNT. A sum of money
placed with a bank or banker, on deposit. by
a customer. nnd subjecL to be drawn out on
the latter'g check. The statement or com­
putation of the several sums deposited and
those drawn out by the customer on checks,
13Dtered on the books of the bank and the
positor's pass-book.
BANK-BILLS. Promissory notes is sued
by a bank des igned to circulate as woney,
and payable to the bearer on demand.
118 BANK RUPT
The term "bank�bills" Js tamtuar to every man
in tbis country, and conveys a definite and cer·
tain meaning. It is a written promiso on t.he
part of the bank to pay to the bearer a certain sum
of moneY,on demand. This term is understood b,
the community generally to mean a written prom·
ise for the payment of money. So universal is tbis
understanding that the term "bank·bills" would
be rendered no more certaln by adding the words
"for the payment of money." S Sea.m. 828.
The words "bank·bill " and "bank-Dote, » in their
popular sense, are used synonymously. 21 Ind
176; 2Park. Crim.R. 31.
Bank notes, bank-bills, and promissory notes,
such as are issued by the directors of a. bank in·
corporated by the legislature at Vermont. mean
the same thing; so that the expressioD. in a stat,..
ute "bank-bill or promissory note" is an evident
tautology. 17 Vt. 151.
BANK-BOOK. A book kept by a cus­
tomer of a bank, showing the sLate of his ac­
count with it.
BANK· CREDITS. Accommodat ions 1:1.1-
100\'ed to a person on security given to a bank,
of dis­
1.0 dra \V money on it to a certain ex tent agreed
upon.
BANK·NOTE. A promissory note is­
sued by a bank or authorized banker, payable
to bearer on dem<�nd, and intended to circu­
late as money.
BANK-STOCK. Shares in the capital o!
a bank; shares in the property of a bank.
B A N K A B L E. In mercantile la w
Notes, checks, bank· bills. drafts, and other
securities for money, received as cash by the
banks. Such commercial paper as is cOllsid·
ered worthy of discount by the bank to wbich
Mod­ it is offered is termed "bankable."
BANKER. A private person who keeps
a bauk; one who is engaged in the business
of banking.
BANKER'S NOTE. A commercial iu­
strument resembling a bank noie in every
-
particular except that it is given bya private
banker or unincorporated uanlting tnstitu­
tion.
BANKEROUT. O. Eng. Bankrupt; in­
solvent; indebted beyond the meaos of pay­
ment.
BANKING. The business of receiving
mouey aD deposit, loaning money, discount­
ing notes. issuing notcs for circulation. col­
lecting money on notes depOSited, negotiating
de-. bills. etc.
BANKRUPT. A person w bo bas com_
mitted an act of bankrnptcy; one who has
done 80me act or 8uffered. some act to be
d.one in consequence of which, under th e laws
 BANKRUPT 119 BANNI

of his country, he is liable to be proceeded er much the modes by which the remedy may be
against by his creditors for the seizure and administered may vary. 87 Cal. 222.

distribution among them of his entire prop­ BANKRUPTCY. 1. The state or .condl·
erty. tion of one whu 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 d�fraud h i s cred- who has committed an act of bankruptcy. and
.
itors. 2 Bl. Comm. 471. is liable to be proceeded against by his cred�
In a looser sense, an insolvent person ; a itors therefor, or of one whose circumstances
broke n-up or ruined trader. 3 Story, 453. are such that he is entitled. on his volun tary
A. person who, by the formal decree of a application, to tal;;e the benefit of the bank.
court, has been declared subject to be pro­ rupt laws. The term is used in a looser C
ceeded against under the bankruptcy laws, sellse as synonymous with " insolvency."­
or entitled, on his voluntary application , to inability to pay onels debts; the stopping and
take the benefit of sucb laws. break ing up of lmsiness because the trader is
broken down, insolvent, ruined. See 2 Story,
BANKRUPT LAW. A law relatin g to
354, 359. D
bankrupts and the procedure against them in
2. The term denotes the proceedings taken,
the courts. A law providing a remedy for
under the bankrupt law, against a pf'rson (or
the creditors ()..f a bankrupt, and for the ra-.
firm or company) to have him adjudged a
lief and restitution of the bankrupt himself.
A law which. upon a bankrupt's surren�
bankrupt, and to have his estate adn)inis� E
tered for the iJenefit of the creditors, and di·.
deri ng all his property to commissioners for
vided among them.
thl:! benefit of his credilors. discharges him
3. That branch of j urisprudence, or system
from the payment 01 his debts. and all lia·
of law and practice, which is concerned with
bility to arrest or suit for the same, and se�
cures his future acquired property from a liaM
the definition and ascertainment of acts of F
bankruptcy and the administration of bank­
bility to the payment of his past debts. Web�
rupts' estates for the ben efit of their eredit�
ster.
ors and the absolution and restitution of
A bankrupt law is distinguished from the ordi­ bankrupts.
nary law between debtor and creditor, as involv­
ing these three general principles ; (1) A sum­
As to the distinction between bankruptcy and G
inSOlvency, it may be said that insolvent laws op­
mary and immediate seizure of aU the debtor's
erate at the instance of an impl·isoned debtor ;
propertY i (2) a distribution of it among the cred­
bankrupt laws, at tbe instance of a creditor. But
itors in general, instead of merely applying a. por­
the line of partition between bankrupt and insolv�
tion of it to the payment of the individual com­
plainantj and (3) the discbarge bf the debtor from
ent laws is not so distinctly marked as to defino
wbat belongs exclusively to the one and not to the
H
future liability for the debts then existing.
other class of laws. 4 Wheat. 122.
The leading distinction between a bankrupt law
Insolvency means a simple inabili�y to pay, as
and an insolvent law, in the proper technical sense
debts should become payable, whereby the debtor's
of the words, consists in the character of the per­
business would be broken up; bankruptcy means
I
sons upon whom it is designed to operate,-the
the particular legal status, to be ascertained and
former contemplating as its objects bankrupts
declared by a judicial decree. ::t Een. 196.
only, that is, traders of a certain description ; the
latter, insolvents i n general, or -persons unable to BANKRUPTCY COURTS. Courts for
pay their debts. 'l'his has led to a marked separa­
the administration of tile bankrupt laws.
tion between the two systems, in principle and in
practice, which in England bas always been care·
tully maintained, although in the United States it
TIle present English bankruptcy courts are
the London bankruptcy court, tbe court of J
has of late been effectually disregarded. In fur­ appeal. and the local bankruptcy courts cre-­
tber illustration of this distinction, it may be ob­
ated by the bankruptcy act, 1�69.

'
served that a bankrupt law, in its proper sense, is
a remedy intended -primarily for the benefit of
I,
BANLEUCA. An old law term, signl-
creditors; it is set in motion at their instance, aud
fying a space or tract of country around a
operates upon the debtor against his will, (in in­ ·
VHum,) although in its result it effectually dis· city, town , or monastery, distinguished and
charges him from his debts. An insolvent law, on protected by peculiar privileges. Spelman.
t.he other hand, ia ohiefly intended for the benefit
BANLIEU. or BANLIEUE. A French
L
ot the debtor, and is set in motion at his instance,
though less effective as a discharge in its final re­ and Canadian law term, baving tlie same
sult. 5 Hill, 327. meaning as banleuca, (q. v.)
The only substantial difference between a strict­
ly bankrupt law and an insolvent law lies in the BANNERET. See BANERET.
zlrcumstance tbat the former affords relief upon

M
the application of the creditor, and tbe latter upon
BANNI OR BANNITUS. In old law,
the application of the debtor. In the genel·al char­ one under a ban. (q. v.;) an outlaw or ban­
ILcter of the remedy, there is no difference, howev- ished mao. RriLt. ce. 12, 13; CalvIn.
 BANNI NUPTLARUM 120 BARE TRUSTEE

BANNI NUPTIARUM. L. Lat. In co nst ructive. of the court. Thu s• • trlal ol

ol d English law. The bans of matrImony. I bar IS one had before the full co ur�. dlstlQ·
guished from a trial had before a si n gle judge
BANNIMUS. We ban or expel. The
at nisi pTius. So the "case at bar" is the
torm of expulsion of a memher from the
case now before tbe court and under its can·
Un iv ersity of Oxford. by affixi ng the sen�
sideration; the cas� bei ng tried or argued.
te u ce in som e publ ic places, as a promulga­
4. In the practi ce of legislati ve bodies, the
tion ot it. Cowell.
bar is tile outer boundary of tile house, and
BANNIRE AD PLACITA, AD MO- therefore all persons, not being members.
LENDINUM. To summon tenants to serve who wish to address the bOllse, or are sum­
at the lord's courts, to bring corn to bo moned to it, appear at tlte ba1' for that pur.
ground at his mill. pose.
5. In another sense, the whole body of at.
BANNUM. .A. uan. (q. �.)
torneys and counsellors, or the members of the
BANNUS. In old E n gli sb law. A proc­ legal profession, collecti vely. afB figurati vely
lamation. I-Iannu,s 1'egis i Lhe king's proc­ called tlle ., bar, " from the place which they
lamation, made by the voice of a heral d. for­ usually occupy in court. They are thus dis.
bidding .111 prese nt at the trial by combat to ti nguished from the "bench , " which term
interfere either by IUOtiOll or word. wbatever denotes the whole body of jUdges.
they m i g ht Bee or bear. Bract. fol. 142. 6. In the law of contracts, "bar" means an
i mpediment , an obstacle, or preventive bar­
BANQUE. A ben ch ; the table or coun·
rier. Tuus, relationshi p w i thin the prohib­
tel' of a trader. merchant. or banker. BanquB
ited deg rees is a bar to marriage.
1'oute; a broken bench or counter; bank rupt.
7. It further means that which dereats, an­
BANS OF MATRIMONY. .A. public nuls, cuts off, or puts an end to. Thus. a
announcement of 3n intended mal' rill ge, re­ prov is i on " in bar of dower" is one w hich has
quired by the E nglish law t o be made in a the effector defeati ng or cutting off the clower.
church or chapel, d uri ng service. on three rights which the wife would otherwise be­
consecutive Sundays before the marriage is cotUe enti tled to in the pa rti cular l an d.
celebntled. 'fbc object is to afford an oppor­ 8. In pleadi n g, it denoted a special plea.
tunity for any person to i nterpose an obj� ction constit utin g a sufficient answer to an action
if be knows of any impeLliment 01' ot he r jusL at law; and so called because it ban'ed, i. e.,
cause wby the marri age should nottake place. pre vented, the plaintiff from further prose­
The puuIicaLioll of the bans may be dispensed cuting it with effect, and, if established by
with by procu ri ng a special license to marry. proof, defeated and destroyed the action alto­
geLher. Now called a special " plea in bar. "
:BANYAN. In EasL l ndian law. A Hin-
See PLEA IN BAR.
doo merchant or shop-keeper. The word is
useLl in Bengal to denote the naLi ve who man­ BAR FEE. In Engl ish law. A fee taken
ages the mon ey con cerns of a E n rop ean, aud by the sheriff, time out ot mind. for e very
soruetimesserves h i m as an interpreter. prisoner who is acquitLed. Bac . Abr. " Ex­
tortion." Abolished by St. 14 Gao. III. c.
BAR. 1. A pa rtition 01' r ai lin g ru n ning
26; 55 Geo. III . c. 50; 8 & 9 Vict. c. 114.
Bcross a court-room, intended to separate the
general pubUu from the space occupied by the BARAGARIA. Span. A con cubine,

ju dges, counsel. jury. and others concerned whom a man keeps alone in h i s house. un­

in the trial of a cause. In the E nglish courts connected with any other woman. Las Par­

it is the partition behind which all outer-uar­ tidas. pt. 4. ti t. 14.

risters auLl e \ ery member of Lhe public m u st Baratriam committit qui propter p�
stand. Solicitors, being officers of the COUI't. cuniam justitiam baractat. He is gu ilty
are adm itted within it; as Ilre also q uee n' s of barratry who r,W money sell s j ustice.
couns!;:l, barristers w i · h patents of p recedenco, Bell.
an d scrjeants. in vi r tne of their ranks. Pal'­
BARBANUS. In old Lombardlc law.
ties who appear i n persoll also are placed
An u ncle. ( patruus.)
within thtj bar on the tIoor of the court.
2. The term also deSignates It particular part BARBICANAGE. ,.
In old European I..

ot the cOlll't�room; for exarnple-. the place Money paid to support a barbi can or watch·

where prisoners stand at their trial. whence tower.

t.btj expression " prisoner at the bar." BARE TRUSTEE. A person to whose
8. Itfurtllerdenotes the presence, actual or fiduciary office no duties were originally at.
 BARET 121 BARONS OF THE EXCHEQUEH

tached. or who, although such duties were to be expressed, as distinguished from i.ts
originally atlached to his office, 'Would, on the inner substance or essential meaning. " I!
requisition of his cestuis qui t1-ust. be com­ the bark makes for them, the plth makes for
pellable in equity to convey the estate to us . " BacoD.
them or by their direction. 1 Ch. Div. 279.
BARLEYCORN. In linear measure.
B A R E T. L. Fr. A wrangling suit. The third of an inch.
Brilt. c. 92; Co. Litt. 368 b. BARMOTE COURTS. Courts held in
BARGAIN. A m ulual u ndertaking,con­ certain mining districts belonging to the
tract, or agreement. Duchy of Lancaster, for regulation of the C
A contract or agreem ent between two par­ mines, and for deciding questions of title and
ties, the one to sell goous or lands. and the other ma.tters relating thereto. 3 Steph.
other to buy them. [; Mass.360. See, also, Comrn. 347, lIote b .
6 Conn. 91; 5 East, 10; 6 East, 307. BARNARD'S INN. An Inn of chan-
"If the word ' ngreement ' imports a mut.­
eery. See INNS OF CIIANOEH.Y. D
ual act of two parties, surely the word ' bar­
gain I is not less significnti va of the consent BARO. An old law term signifying.
of two. In a popular sense, the former \vord originally, a "man," whether slave or free.
Is frequently used as declari ng the engage­ In later usage, a " freeman," a "strong
ment of one only. A man may agree to pay man," a "good soldier, " a u baron ;" also a E
money or to perform sorne other act, and the " vassal, " or "fendal tenant or client," and
word is lhen used synonymously with ' prom· ('husband, " the last being the most common
ise' or ' engage.' But the word ' bargain ' is meaning of t he word.
seldom used, unless to express a mutual con�
tract or unuel'taki ng." 17 �lass. 131.
BARON. A lord or nobleman; the most F
general title of nobility in En gland. 1 BI,
BARGAIN AND SALE. In convey­ Comm. 398, 399.
ancing. The transferring of thelproperty of A partic ular degree or title of nobility,
a thing from one to anotller, upon valua� next to a v,iscount.
1Jle consideration, by way or sale. Shep. A judge of the court of ex:::hequer. S DI. G
'fouch. (by Preston , ) 221. Caro m . 44; Cowell.
.A contract or bargain bythe owner of laud, A. freeman. Co. Litt. 58a. Also a vassal
In consideration 0: money or Hs equivalent bolding directly from the king.
paid, to sell land to another person, called A husband; occurring in this sense in th e
the "bargainee," whereupon a use arises in phrase " ba1'on et feme," llUsband and wite.
H
fayor of the latter, La whom the seisin is
BARON AND FEME. Hu,baud and
transferred by force of the statute of uses.
wife. A wife being under the protection
2 lV.silb. Heal Prop. 128.
Hnd infltlenee of her baron. lord, or hus­
The expression " bargain and sale" is also
iJand, is stylell a "fe1ne�covert, n (famina 'l}i-
applied to transfers of personalty, in cases
1'0 cooperta,) and bel' state of mal'riage is
where there is first an executory agreement
called !Jer " coverture. U
for the sale, (the bargain,) and then an actual
and completed sale. BARONAGE. In English law. The
The proper and technical wordslto denote collecti ve body of tbe barons, or of the no­ J
8 bargain and sale are "bargain and sell; OJ bility at large. Spelman.
but any other words that are sufficient to
BARONET. A.n English name or title
raise a use upon a valuable consideration are
of dignity, (but nota title of nObility,) estab-
8ullicient. 2 'Vood. Cony. 15 ; 8 Johns. 484.
Iished A. D. 1611 by James I. It is created K
BARGAINEE. The party to a bargain by letters patent, and descends to the male
to w!J.om the Bubject·matter of the bargain heir. t:ipelman.
or thing bargained for is to go; the grantee
BARONS OF THE CINQUE PORTS.
in a deed of bargain and sale.
Members of parliament from these ports. L
BARGAINOR. The party tu a bargain viz. : Sandwich, Romney. Hastings, Hythe.
who is to perform the contract by delivery ami Dover. ,\Vinchelsea and Rye have been
of the .subject-matter. added.

BARK. Is sometimes figuratively used to BARONS OF THE EXCHEQUER, M

denote the mere words or letter of an instru� Tbe six judges of the court of exchequer i n
ment, or outer covering of the ideas sought England, o f whom one is styled tbe "chief
 BARONY 122 BASE ESTATE

baron ;" answering to the j ustices and ehief BARRETOR. In criminal law. A corn·
j usti ce o f oth er courts. mon mover, exciter, or maintainer of suits
and quarrels either i n courts or eLtjewhere in
BARONY. Th e dignity of a baron; a
the country; a di:'!tn rher of the peace IVho
s pec ies of te n u re ; the territory or lands behl
I sp reads rai se r u mors a nd calu mn i es, whereby
by a u aron . Spelman.
discord and disq uiet may g row among neigh.
BARONY OF LAND. In England, II bors. Co. Litt. 368.
q uan t ity of land amo unti ng to 15 acres . In
BARRETRY. In crIminal Jaw. The
Ireland. a su bd ivi si on pf a cou nty .
<let or offense of a barretor, (q. �. j) usnall y
BARRA, or BARRE. In old practice. A called "common barret.ry . " The offense of
pl ea in bar. The bar of the court. A bar­ frequently exciting and sti rring up suits and
rister. qu a rrel s, either at law or oth erwise. 4 Bl.
BARRATOR. One w ho is guilty of the ComID. 134; 4 Steph. Comm. 262.
crime of barratry. BARRIER. In min ing law and the usage
BARRATROUS. Fraudulent; ha ving of min ers , is a wall of coal left between
the character of barr atl'Y. two mines.

BARRATRY. In maritime law. An BARRISTER. In E n glish law. An ad·

set committed by the master or mariners of a vocat e ; one who lias been cal led to the bar.

vessel, for some unlawful or fraud ulent pur­ A co un sellor learned in the law wbo pl ead!

pose, contrary to their duty to the owners, at the bar of th e courts, and who is engaged
w h e reby the l atter sustain injury. It may in condu cti n g the trial or argument of c.1.uses,
include negligenc�, if 80 gross as Lo evldel1(.'6 To be distinguished from the attorney, who

fraud . 8 Cranch, 49 ; 2 Cush. 511; 3 Pet. dra ws the pleadings. prepares the testimony,
230. and c011d ucts matters Oll t of co urt.
Barratry is l50me fraudulent act of the master or Inner ba1·ri.r;ter. A se rjeant or king'!
mariners, tending to their own benefit, to the prej­ counsel who pleads wit hin the bar.
udice of the owner of the vessel, without his priv­ Ouste1' ban'ister. One who pl eads "ouster"
ity or consent. 2 Caines, 67,
or w itho ut the bar.
Ban'atry is a. generic term, which includos many
acts of various kinds aud degrees. It compre­ Vacation ba1'rister, A cou nsellor newly
hends any unlawful, fraudulent. or dishonest nct at called to the bar. who is to attend for several
the master or mariners, and every violation of duty lon g vacations the exercise of the house.
by themarising from gross and culpable negligence
contrary to their duty to the owner of the vessel, BARTER. A cont.ract by which parties
and which might worl< loss or injury to bim in the exc hange goods or commodities for other
goods.
course of the voyage insured. A mutiny of the
It diffeI1J from sale. in this: that in
C1'ew, and forcible dispossession by them of the
master snd other officers from the ship, is a form t he latLer transaction goods or property are
of barratry, 0 Allen, 217, al w ays exc ha nged for m oney .

In criminal law. Common ba rratry is This term is not applied to contracts CODw

the practice of excitin g groundless j u d ic ial cern in g land. but to such o nly as relate to

proceedings. Pen, Code Cal. § 158; Pen . goods and chattels. Barter is a contrac t by

Code Dak. � 191. wh ich the parties exchange goods. 4 B is s.

Also spelled " Ba rretry, " which see. 123.

In Scotch law. Th e crime comm i tted by BARTON. In old En gli sh law. The d..

a judge who r eceives a uribe for his judg­ mesne land of a m an or i a farm distinct from

ment. Sken e ; Brande. the mansion.

BARREL. A measure of capaci ty, equal BAS CHEVALIERS. In old English

to thirty-six gal lons. law. Low, or in ferior knights, by te nure of
In agricultural and mercantile parl a nc e, as a base mi l itary fee. as dis ti nguished from
also i n the in specti on laws, the term " barrel" ba-1'ons and bannerets, who were the chiet
roeans, prima facie. not m erely a ce rtain or s u perior k n ightll. Cowell.
q u antity, but, further, a certain state of the BAS VILLE. In French law. The sub­
arti cl e j namely. that it is in 8 cask . 11 urbs of a town.
Ired. 72.
BASE COURT. In English law. Any
BARREN MONEY. In the civil law. inferior court that is not of record, as a court
A debt which bean no interest. baron , etc. Kitch, 95. 96; CoweU.

BARRENNESS. Sterility ; tbe !neapa", BASE ESTATE. The estate which "base
ity to bear chilliren. tenan ts " (q. c.) have in their land. Cowell.
 BASE FEE 123 BATABLE-GROUND

BASE FRE. In English law. An es­ BASTARD. An illegitimate child; a

tale or fee which has a qualifi c;.�ion s ubj oi n ed child born of an unlawful in Lel'course, and
thereto, and which must be determined while its parents are not united in marriage.
whenever the qualifi cation annexed to it is A cllild born after marriage. but under
at an end. 2 BI. Corum. 109. circumstances which render it impossible
that the h u sband at h is mother can be his
BASE· INFEFTMENT. In Scotch law.
father. 6 Bi n . 283.
A db.position of lands by a vassal, to be held
One begotten and born out ot laWflll wed·
of IlllDself.
lock. 2 Kent, Comm. 208.
BASE RIGHT. In Scotch law. A sub· One born of an illicit union. CiTU Code C
ordinate right; the right of a subvassal in La. arts. 29. 199.
tha laods hald by him. Bell. A bastard is a child born out of wedlock,
and whose parents do not s ubsequent l y inter·
BASE SERVICES. In feudal taw.
marry, or a child the issue of adulterous in·
o Such services as were un worthy to be per­
tercourse of the wife during wedlock. Code D
formed by the nobler men, and were per­
Ga. 1882. § 1797 .
formed by the peasants and those of servile
rank. 2 BI. Comm. 61. BASTARD EIGNE. I n old Engli sh
law. Bastard elder. If a child was born ot.
BASE TENANTS. Tonants who per·
formed to their lords services ill vi llenage;
an illicit connection, and afterwards the E
parents intermarried and bad another SOll,
tenants wbo held at the will of the lord, as
the elder was called II bastard eigne. I. and
distinguished from frank tenants, or free­
the younger "mulier puisne," j. e .• afte r·
holders. Cowell.
wards born or the wife. See 2 Bl. Com m.
BASE TENURE. A tenure hy villen· 248. F
age, or other customary service, as distin­
BASTARDA. In old English law. A
guished from tenure by military service; or
from tenure by free ser vice .
female bastard. Fleta, lib. 5, c. 5. § 40.
Cowell.
BASTARDIZE. To declare one a bas-
BASILEUS. A Greek word, meani ng
tard, as a court does. '1'0 giv e evidence to G
"king. " A title assumed uy lhe emperors of
prove one a bastarll. A mother ( married )
the Eastel'll Roman :Empire. It is used by
cannot bastardize her child.
Justinian in Bome of the Novels; and is said
to have been applied to the English kings be­ Bastardus nullius est tlliU8, aut filius
fore the Conq uest. See 1 Bl. Comm. 242. populi. A bastard is nobody's son, or the H
80n of the people.
BASILICA. The name given to a com·
pUation of Roman and Greek law. prepared Bastardus non potest habere hreredem
about A. D. 880 by the Emperor Basi Ii us. nisi de corpore suo legitime procreatum.
.and publisbed by his successor, Leo the Phi· A bastard can ha.ve no heir unless it be one I
losopber. It was written in Greek, was lawfully begotten of his own body. Tray.
mainly an abridgment of Justinian's Oor'PUfJ Lat. Max. 51.
Jw'i,s, and comprised Sixty books , only a por­
BASTARDY. The offense of begetti ng
tion of which are extant. It remained the
law of the Eastern Empire until the fall of
a bastard child. The condition of a bastard. J
Constanti nople, in 1453. BASTARDY PROCESS. The method
provided by statute of proceeding against the
BASILS. In old English la w. A kind
putative fat·her to secure a proper m ai nte--
K
of money or coin abolished by Henry II.
nance for the bastard.
BASIN. In admiralty law and mar i ne
BASTON. In old English law, a baton,
insurance. A part of the sea inclosed in
club, or staff. A term applied to officers of
rocks. 13 Amer. Jur. 286.
the wardens of the prison called the "Fleet, n
BASKET TENURE. In feudal law. because of the staff carried by them. Cowell;
l
Lands held by the service of making the Spelman; Termes de la Ley.
king's baskets.
BATABLE· GROUND. Land that i. in
BASSE .JUSTICE. In feudal law. Low controversy, or about the possession of which
j ustice ; the right exercised by feudal lords there is a di sp ute. as the lands which were M
of personally trying persons charged with si tuated between England and Scotland be­
trespasses or minor offenses. fore the Union. Skene.
 RATAILLE 124 BEACON
'
BATAILLE. In old English law. Bat­ the crime either of adultery or of fornication.
�el; the trial by combat 01' duellum. See 4 Mo. 216.
BATH, KNIGHTS OF THE. In En­ BAWDY-HOUSE. A house of prostitu ·

glish law. .A. mi litary order or knighthood in­ tion; a brothel. A bouse or (l\ velling main.
,

stituted by Richard n. The o rder was newly tained for the convenience and resort of per ·

regulated by notifications in the London Ga­ sons desiring unlawful sexual connection.
zet te of 25th May, 1847, and 16th August,
BAY. A pond-head made of 8 g reaL
1850. Wharton.
he ight to keep in water for the supply of a
BATIMENT. In French marine law. A mill. etc., so that the wheel of the mill may
vessel or ship. be turned by the water rushing thence,
t hrough a passage or flOOd-gate. St, 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 discipline. Argo Fr. Merc.
In admi ralty law and marine insurance. A
Lnw, 546.
bendi ng 01' curving of the· shore of the sea or
BAT TEL. 'trial by combat; wager of of a lake. 14 N. H. 477. An opening into
battel. the land, where the wuter is shut in on all
Bides except at the e ntrance. 13 Amer. Jur.
BATTEL, WAGER OF. [n old E ngl ish
286,
law. A form of trial anciently used in mi li­
tary cast's, ariSing in th e court of chivalry BAYLEY. In old Englisb la w. Bailiff.
and honor, in appeals of felony, in criminal This term is used in tho la ws of Llle colony of
cases, and in the obsolete real action called a NolY Plymouth, Mass., A, D. 1670, 167l.
" w rit 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
of right. between their champions.
cornman in Lou isia na and Texas. An out­
let from a swamp, pond, or lagoon. to a ri ver.
BATTERY. Any unlawful beati ng, or or the sea. See 8 How, 48, 70.
other w rongful p hys ic al violence or can ...

BEACH. This term. in its ol'diuary sig­

straint, inflicted on a h uman being wi Lhout
his consent. 2 Dish. Crim. Law, § 71.
nification, when applied to a pl ace on tide­
waters. means the space between ordinary
A battery is a willful and unlawful use at.
force or violence upon Lhe person of another . high and lo w water mark, or the space over
Pen. Code Cal. § 242; Pen. Code Dak. § 306. which the tide usually ebbs and Uows. It is
a tel'ill not more Sign ifican t of a sea margin
The actual offer to use torce to the injury ct nn
other person is assault; tbe use ot it is battm'Yi
than "shore." 13 Gray, 257.
hence the two terms are commonly combined in the '.rhe term designates land washed by the sea and
term "assault and battery. " its waves ; is synonymous witb "shore. " 28 Me.
180.
BATTURE. In Lou isiana.. A mari ne When used in reference to places near the sea.,
term used to den ote a. bottom of sand. stone. beach means the land between tho lines of high
wa.ter and low water, oY"erwhich the t.ide ebbs and
o r rock mixed together and rising towards the
flows. 48 Me. 68.
surface of the water j an elevati on of the bed Beach means the 3hore or strand. 15 Me. 237.
of a river under the surface of Lhe water, Bench, when used in reference to places any­
since it is rising towards it; somet.imes, how­ where in the vicinity of the sea, means the terri­

ever. used to denoLe the same elevation of the tory lying between the linos of high water a.nd low
water, over which the tide ebbs and flows. It is in
bank when it has risen abov<" th 'l surfac e of this respect synonymous with "shore, II "strand, "
the water. or is as high as the land on the or " flats. II 5 Gray, 828, 885.
outside of the bank. In this lattt!r sense it is Beach generally denotes land between high and
synonymous with "alluvion." It means, in low water mark. 6 Hun, 257.

common-law language, land formed by ac­
cretion. 2 Amer. & Eng. Enc. Law. 157.
See 6 Mart. (La.) 216; 3 Woods, 117.
BAWD. Ont! who procures opportunities
tor persoll! of opposite sexes to coLmbit in an
illicit manner; who may be. while exercising
tue trade of a bawd, p orfe ctly in nocent of
To "beacb" a ship is to run it upon the
beach or shorej this is frequently !ound nec­
essary in cuse of fire, a. leak, etc.
BEACON. A light-house, or sea-mark,
formerly used to alarm the country, in case
of the approach of a n enemy, but now used
for the guidance of ships at sea by nigllt, aft
,

..:om mittin g in his or ber own proper p ers on well as by day .

 BEACOXAGE 125 BEER-HOUSE

B E A C O N A G E. Money paid for tbe which enacts that neither in the circuits ot
maintenance of a beacon or signaJ·ligbt. the justices, nor in counties, hundreds, or
courts-baron. any fines shall be tal{en for
BEADLE. In English ecclesiastical law.
fair-pl eading. t. e• • for not pleading fairly or
An inferior parish offi(;er, who is ellosen by
aptly to the purpose; upon this statute, then,
tbe vestry, and whose business is to attend
the vestry, to give notice of its meetings. to this writ was ordained. addressetl to the sher­
iff. bailiff, or him who shall demand such
execute its orders, tu aLLend upon inquests:
and to assist the constables. Wharton. fine. prohibiting him to demand it; an alias.
plt"ries, and attachment followed.. Fitzh.
BE A M S AND BALANCE. Instru­ Nat. Brev. 596.
ments for weighing goods and merchandise. I
BED. �he hollow or channel of a water­
BEAR. In the language of the stock ex­ course; the depression between the banks
cbange, this term denotes ODe wbo speculates worn by the regular and usual flow of the
for a fall in the market. water.
BEARER. One who carries or holds a " The bed is that soil so usually covered
tbing. ·When a check, note, draft, etc .• is by water as to be distinguishable from the
payable to "bearer, " it imports that the con­ banks by the character of the soil, or vegeta­
tenL� thereof shall be payable to any person tion. or both, produced by the common pres­
ence and action of flowing water." Curtis.
who may present the instrument for pay­
ment. J., 13 IIow. 426. E
The term also occurs in the phrase "di vorce
BEARERS. In old E n glish law. Those
from bed and board. " a mensa 4t thoro,"
who bore down upon or oppressed others;
where it seems to indicate the right of co­
maintainers. Cowell.

BEARING DATE. DisclosI ng a date

habitation or marital intercourse.
f
BED OF JUSTICE. In old Frencb law.
on its face ; having a certain date. These
The seat or throne upon which the king sat
words are often used in con veyancing. and
when personally present in parliament: hence
In pleading, to introduce the date which has
�
it signified the parliament itself.
been put upon an instrument.
BEDEL. In English law. A crJer ormes­
BEAST. A n a n im al ; a domestic animal;
senger of cOlLrt, who summons men to appear
a quadruped, such as may be used for food
and answer therein. Cowell.
or in labor or for sport.
An officer of the forest, sim ilar to a sher-
lJ
BEASTGATE. In Suffolk, E n gland, Im­ iff's special bailiff. Cowell. 11
ports land and common for one beast. 2 A collector of rents for the king. Plowd.
Strange, 1084; Hosc. Real Act. 485. 199, 200.
A well-k nown parish officer. See BEADLE.
BEASTS OF THE CHASE. I n English
law. The buck, doe, fox, marLin, and roe. BEDELARY. The ju risdiction of a be­
Co. Litt. 233a. dell as a baili Wick is tbe j II risdiction of a

BEASTS OF THE FOREST. In E n ­ bailiff. Co. Litt. 234b; Cowell.

glish law. The barL. bind, hare. boar, and BEDEREPE. A service which certain
wolf. Co. Lilt. 233a. tenants were anCiently bound to perform. as
J
to reap their landlord's corn at harvest. Said
BEASTS OF THE PLOW. An old
term for animals employed In the operations by Whishaw to be still in existence in some

of husbandry. parts of England. Blount; Cowell ; Wh!-

, shaw.

t
B E A S T S OF THE WARREN. In
BEER. A liquor compounded ot malt.
Englisll law. Bares, coneys. and roes. Co.
and hops.
Litt. 233; 2 lil. Comm. 39.
In its ordinary sense. denotes a beverage
BEAT. To beat. ill a legal sense, is not which is intoxicating. and is within the fair
merely to WhIp. wOllntl. or hurt. but includes meaning of the words "strong or spirituous
any unlawful imposition of the hand or arm. liquors , " used in the statutes on tbis subject.
The slightest tOUChing of another in anger 3 Park. Crim. U. 9 ; 3 Denio, 437; 21 N. Y.
Is a battery. 60 Ga. 511. 173. To the contrary, 20 Barb. 246.

BEAU-PLEADER, (to plead fairly.) In BEER-HOUSE. In English law. A

English law. An obsolete writ upon the place where beer is sold to be consumed on
statute of Marlbridge, ( 52 Hen. Ill . c. 11, ) the premises: as distingUished from a " beer-
 BEFOltE 126 BENCH WAltltANT

shop." which Is a plnce where beer is sold to or proot addressl?d to the jUdgment. Belief
be consumed oft the premises. 16 Ch. Div. is to be distinguished from " proof," "evi"
721. dence," and II testimony." See EVIDENCE.
With regard to things which make not a very
BEFORE. Prior to; preceding. In the
deep impression on the memory, it may b e called
presence of; u nder the official purview of; as "belief . " "Knowledge " is nothing more than a

in a magistrate's jurat. " befo re me person. man's firm belief. The difference is ordinarily
nlly appeared, " etc. merely in the degree ; to be judged of by the cou�
when addressed to the court; by the jury. when.
In the absence of any statutory provision
addressed to the jury, 9 Gray, 274-.
governing the computation of time, the au· The distinction between the two mental condl·
t.horities <Ire uniform that, where an act is tiona seems to be that knowledge is au assurance
requ ired to be done a certain number of days of a fact or proposition founded on perception by
the senses, or intuition i while belie! is an assur·
or weeks before a certain other day upon
unco gained by evidence, and from otoor persocs.
which another act is t.o be done, tbe day upon Abbott.
which the first act is done is to be excluded
BELLIGERENT. Inintel'national law.
from the computation, and the whole num­
A term used to deSignate either of two na..
ber of the days 01' weeks HI ust intervene be­
tions which aJ'e actually in a. state of war
fore the day fixed for doing the second act.
with l'ach other, as well as their allies active­
63 Wis. 44. 22 N. W. Rep. 844. and cases
ly co·op(>rating; as distinguished from a na­
cited.
tion which takes no PaI't in the war and
BEG. To Rolicit alms or chal'itabfe aid. mn intains a strict i n difference as between
'r he act of a cripple in passing along the side· the contending parties. called a II neutral. II
walk and silently lJolding out his band and
receiving money from passers-by is " begging Bello parta cedunt reipublicre . 'r hings

lor nIms." within tbt' meaning of a statute acquil'ed i n war belong or go to the state. 1
which uses tbat pbrase. 3 Abb. N. C. 65. Kent. COTUm. 1 0 1 ; 5 C. Hob. Adm. 173. 181;
1 Gall. 558. The rigllt to all captures vests
BEGA. A land measure used in the East primarily i n the sovereign. A fundamental
Indies. In Bengal it is equal to about a maxim of pu blic l aw.
third part of an acre.
BELLUM. In public law. War. An
BEGGAR. One who lives by begging armed contest between nations; the state of
charity. or who bas no other means of sup­ those who forcibly contend with each other.
port than 80licited alill s . Jus belli, the law of war.
BEGUM. In India. A lady. princess.
BELOW. In practice. InferJor; ot in ..
woman of high rank.
ferior jurisdiction, or jurisdiction in the first
BEHALF. A witness testifies on "be­ instance. '.rhe court from which a cause is
balf" of the party wbo calls him. notwith­ removed for review is called the <lcourt be­
standing his evidence proves to be adverse low. "
to that party's case. 65 Ill. 274. See. fur­ Preliminary; auxiliary or instrumental.
ther. 12 Q. B. 693; 18 Q. B. 512. Bail to the sheriff is called I< bail below. n as
being prelimin ary to anti intended to secure
BE HAVl O R . l!lanner of behaving,
the putting in of bail above, or 8pecial
whether good or bad; conduct; manners;
b<lil.
carriage of one's self. with respect to pro­
priet.y and morals; deportment. Webster. BENCH. A seat ot judgment or tribunal
S u rety to be of good behaVior is said to be for the administration of justice; the seat
a larger requirement than surety to keep t.he occupied by judges i n 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 Spanish law. I.ands
the pbrase " before the full bench , "
situated in places where the inhabitants bad
The collective body of the judges i n a state
the right to select their own lords.
or nation, as distinguished from the body ot
BEHOOF. Use; beneOtj profit; service; attorneys and advocates. wbo are called the
advanLage. It occurs in conveyances. e. g., I< bar. "

"to his and their use and behoof. " In Englisb ecclesiasttcal law. The aggre­
gate body of bishops.
BELIEF. A conviction of the truth of
a proposition, existing subjectively in the BENCH WARRANT. Process i••ued
mind, and induced by argument, persuasion, by the court itself. or II from the bench." toc
 13ENCIJERS 127 BENEF ICIUM
.

the attachment 01' arrest of a person; either BENEFICIAL. Tending to the benefil
In case of contempt, or wbere an indictment of a person i yielding a profit. advantage, or
has been found. or to bring i n a witness who benefit; enjoying or entitled to a benefit or
does Dot obey the subpama. So called to dis­ profit . This term is applied both to estates
tinguish it from a warrant issned by a jU!­ (as a " beneficial i nteres t" ) and to porsons,
Lice of the peace, alderman, or commission �r. (as "the beneficial owner. " )
BENCHERS. In English law . Seniors 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-optatioll, his ow n right and for his own benefit. and
and having the entire management of the not as trusLee for anotller. 11 H. L. Cas. c
property of their respective inns. 271.

BENE. Lat. Well; in proper form; I&­ BENEFICIAL INTEREST. Profit,

gaJly; sufficiently. benefit, or advantaga resulti n g from a con­
Benedicta est expositio quando res trac�, or the ownership of an estate as dis- D
redi m itur Do destructione. 4 Coke. 26. tinct from the legal ownership or control.
Blessed is the exposition when anything is BENEFICIAL POWER. In New York
saved from d eSL ru ction . It is a laudable in­ law and practice. .A. power which has for
terpretation which gives effect to the instru­
ment, and does not allow it.s purpose to be
its object the donee of the power, a n d which
is to be executed solely for his benefit: as dis­
E
�rustrated.
tinguished from a trust power. which bas
BENEFICE. In ecclesiastical law . In for its object a person other than the donee.
its technical sense. this term includes ecclesi­ and is to be executed solely for the benefit of
astical preferments to which ranl;: or public such person. 73 N. Y. 234; Rev. St. N. Y. F
otlice is attacbed. othenv iae described as eccle­ § 79.
siastical d i gnities or offices, sucll as bishop­
BENEFICIARY. A term suggested hy
rics, deaneries, and the like; but in popular
Judge Story as a substitute for cestui qU4J
acceptation. it is almost invariably appropri·
ated to rectories, vicarages , perpetual cu­
trust, and adopted to some extent. 1 Story,
G
Eq. Ju r . § 321.
racies. district churches. and endowed cbap­
Ire that is in possession of a benefice; also
elr ies . 3 Steph. Corum. 77.
a cestui que trust, or person baving the en­
" Benefice" is a term derived from the feu­
joyment of property, of which a trustee, ex-
dat law. in wllich it signified a perma ne nt
stipendiary estate. or an estate held by feu­
ecutor, etc., has tbe legal possession. H
dal tenure. S Steph. Comm. 77, note i; 4 BENEFICIO PRIMO [ECCLESIAS­
BI. Comm. 107. TICO HABENDO.] In E n gl is h law. An
anCient writ. which was addressed by the
BElNEFICE DE DISCUSSION. In
French law. .Benefit of discussion. The
king to the lonl chancellor. to besto w the
right of a g naran tor to require that the cred­ benelice that sbould fi1·St fall in the royal
itor should exhaust his recourse against the
gift. above or under a specified value. upon a
person named therein. Reg. Orig. 307.
principal debtor before baving recourse to
the guarantor himself. BENEFICIUM. In early feudal law.
benefice; 8 permanent stipendiary estate;
A
J
B E N E F I C E DE DIVISION. In
French Jaw. Bt:nefit of division; right of II sarul': with wh:"t was afterwards called a
the
contribution as between co-sureties. fief." U feud, " 01' " fee." 3 S teph. Comm.
77, note i; Spelman.
B E N E F I C E D'INVENTAIRE. In
In the civil law. A benefit or favor;
French la w . A term which corresponds to nny particu lar privilege. Dig. 1. 4, 3; Cod.
K
the beneficium inventa1'ii of Homan 1aw. and 7. 71; Mackelel. Rom. Law, § 196.
substantially to the English law doctrine that
A general term applied to ecclesiastical
tbe executor properly accolluting is only lia­ l i vings . 4 BI. Comm. 107 ; Cowell.
ble to the extent of the assets received by L
him. BENEFICIUM ABSTINENDI. In
Roman la w. The power of an heir to abstain
BENEFICIAIRE. In French law. The
from accepting the iuhtuitance. Sandars,
person in whose favor a promissory note or
J ust. Inst. (5th Ed.) 214.
bill of exchange is payable; or any person in M
whose fa yor a contrac t of any description is BENEFICIUM CEDENDARUM AC­
executed. Arg. Fr. Merc. Law, 547. TIONUM. In Roman law. The privilege
 BENEFICIUM CLERICALE 128 BENEFIT SOCIETIES

by which a surety could. before payin g the
creditor, compel him to make over to him the
actions which belonged to the sti pn lator, so
as to avnil himself of them. Sandal's. Just.
Inst. (5th Ed. ) 332. 351.
BENEFICIUM CLERICALE.
of clergy, which see.
BENEFICIUM COMPETENTIlE. In
Scotch law. The pr ivil ege of com peten cy.
A privilege which the gn\ntor of a gratuitous
obligation WClS entitled to, by which he might
retain sufficient for his subsistence, if, before
fulfill ing the obligation, be was reduced to
indigence. llell.
In the l'Jivil law. The right which an
Insolvent debtor bad, among the Roman!;, on
making cession of his property for the benefit
of his creditors , to retai n what was requ ired
iog from tbose courts in certain particular
cases. Afterwards, it meant a privilege of
exemption from the p unish ment of death
accorded to such persons as were clerk8, 01
who could read.
This pdvilege of exemption from capital punish·
Benefit
ment was anciently allowed to clergymen only,
but afterwards to all who wore connected with thl!
church, even to its most subordinate officers, and
at a still later time to all persons who could read,
(then called "olerks,") whether ecclesiastic! or
laymen. It does not appear to have been extended
to cases of high treason, nor did it apply to mere
misdemeanors. 'rhe privilege was claimed after
the pel'son1s conviction, by a species or motion in
arrest of judgment, technically called U praying bis
clergy. It As a meaus of testing his clerical char·
acter, he was given a. psalm to read, (usually, or
always, the fifty-first,) and, upon his reading n
correctly, he was turned over to the ecclesiastical
courts, to be tried by the bishop or a jury of twelve
clerks. These heard him on oath, with his wi�

for him to live honestly according to his con­ nesses and compurgators, who attested their b&.
lief in his innocence. This pri vUege operated
dition. 7 Toulliel', n. 258. greatly to mitigate the extreme rigor of the crim·
inal laws, hut was round to involve such gross
BENEFICIUM DIVISIONIS. In civil
abuses that parliament began to ennet tbatcortain
and Scotch law. Tho privilege of ane of sev­
crimes should be felonies II without benefit of
eral co-s ureties (cautioners) to j IIsist upon clel'gy, " and finally, by St. 7 Geo. IV. Co 28, § 6, it
paying only his pro rata share of the debt. was altogether abolished. The act of congress of
Bell. April 30, 1790, S SO, provided that there should be
no benefit of clergy tor any capital crime agaios\
BENEFICIUM INVENTARII. See the United Stales, and, if this privilege formed

BENEFI'l' OF INvEN'l'ORY. a part or the common law of the several sLates

before the Revolution, it no longer exist&.
:Beneficium non datum nisi propter
BENEFIT OF DISCUSSION. In tho
officium. Hob . 148. A remuner3tion not
civil law. The right which a surety bas to
given, unless on account of a duty performed.
cause the property of t he principal debtor to
BENEFICIUM ORDINIS. I n civil.nu be applied in satisfaction of the obligation in
Scotcb law. The privilege of order. The the lirst instance. Civil Code La. arts. 8014-
privilege of a sureLy to require that the cred­ 3020.
itor should first proceed against Lhe principal In S cotch law. That whereby the anteced­
and exhaust his remedy against him, before ent heir, such as the heir of line in a pursuit
resorting to the surety. .B ell. against the beir of tailzie. etc., m ust be first
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
�f an heir separated from those of the testator tent in many cases to cautioners.
10 favor of creditors.
BENEFIT OF DIVISION. Same ..
B E N E F I T BUILDING SOCIETY. benejicium divisionis, (q. c.)
The original name for \\That is DOW IDOle
BENEFIT OF INVENTORY. In tho
commonly called a. co building society." (q. 't).)
civil law. The privilege which the heir ob­
BENEFIT OF CESSION. In the civil tains of being liaille for tbe charges 311(1
law. The release of a debtor from future debts of the succession. only to the value of
impri'lonment for his debts, which the law the effects of the s uccession . by causing an
operates in his favor upon the surrender of inventory ot these effecl;g within tile time
his property for tbe benefit of bis creditors. and mauner prescribed by law. Civil Code
Potlo. Proc. Civil. pt. 5. c. 2. § 1- La• •rt. 1032.

BENEFIT OF CLERGY. In It. orig­ BENEFIT SOCIETIES. Under thi,

inal sense, the phrase denoted the exemption and several similar names, in \'arious Btatea.
which was accorded to clergymen from the corporations exist to recei ve periodical pay­
jurisdiction of the secular courts, or from ar­ ments from membf;:!l's. and hold them as a
rest or attachment on criminal process issu- fund to be loaned or gi ven to membe� need-
 BENERTH 129 IlERCARlUS

109 pecun iary relief. Such are bene ficial so.­ III Mass. 268; 31 N .T. Eq. 695; 23 Minn.
•

cieties ot Maryl and, fund associations of .Mis� 92.

lourl, 108n and fund associations of Massa.­ BENEVOLENT SOCIETIES. In En.
ch u setts. mechan ics' associations -of Michi­ glish law. Socie ties estab lished and regis.
gan. IJrotect ion societies of New Jersey. tered under the friendly societies act. 1875.
Friendly societies in Great Britain are a sUI) for any ch ar itable or bene volent p u rposes .
moreey.tensive and important species belong­
Ing to tb is class. Abbott. Benigna faciendEe Bunt intel'preta­
tiones chartarum, ut res magis valeat
BENERTH. A fe udal service re nde red quam pereat ; et quoolibet concessio for­
by the tenant to hie lord with plo w and cart. tissime contra donatorem interpretanda C
Cowell. est. Liberal interpretations are to be made

BENEVOLENOE. The doing a kind of deeds. 80 that the purpose may rather
or helpful action towards another, under n o
stand th an fal l i a nd e ver y g ran t is to be

obli gation except an eth ica l on e.

taken most s tr on gly against the grantor. 4 0
Mass. 134; 1 Sa ndf. Cb. 258. 268.
Is no doubt distinguishable from the words
"liberality" and "charity ; " tor, although many
Benigne faciendre Bunt interpreta�
charitable institutions are very properly culled
"benevolent, n it is impossible to say that every ob­
tiones, propter simplicitatem laicorum,
ject of a man's benevolence is also an objct't of his ut res magis valeat quam pereat. Co n­
chal"ity. S Mer. 11. structions [of written in stru me nts ] afe to be E
In publi c law. Nom inally a vol untary made liberally. on account of the si mplici ty
gratuity given by subjects to their king. but of the laity, [or common people.] in order
in reality a tax or forced loan. that the til i ng [or S U bj ect-matter] may rather
have effect than perish, [or become void.]
BENEVOLENT. This word is certain­ Co. �itt. S6a; Broom. Max. 540. F
ly more indefinite, and of far wider range.
than "charitabl e " or " rel i gio us ; " it would Benignior sententia in verbis gener·

Include all gifts prompted by gOOd-will or aUbus seu dubiis, est prreferenda. 4
kind feeling towards the reCipient, whether Coke. 15, The more favorable cons tr uct ion

an object of charity or not. The nat u ral and is to be placed all: ge neral or doubtful ex· G
DSlial meaning of the word would so exte nd pressions.
It. It h as no legal meaning separat e from Benignius leges interpretandm Bunt
Its usual meaning. "Charitable" has ac­ quo voluntas earum consel'vetur. Laws
qu i red a settled. li mited m ea n i ng in law. are to be more liberally interp r eted, in order H
which confines it within known limits. But that their intent ruay be pres erved. Dig. 1 .
111 all the decisi o ns i n Engla nd on the sub­ S . 18.
ject it has been held that a de v ise or bequest
BEQUEATH. To give personal p roperty
for benevolent obj ects . or i n trust to give to
by w i l l to a n o ther. 13 Barb. 106. The word
lIuch objects, is too i nde fi ni te . and till'refore
may be cons trued de"vise, so as to pass real es­
void. 19 N . .T. Eq. 3U7. 313: 20 N. J . Eq.
tate. Wig. Wills. 11.
489.
This word. as applied to objects or pur­ BEQUEST. A gift by will of personal
poses, may refer to those w h ic h are in their property; a legacy.
nature charitable. and may a.lso ha.ve a broad­ A speclfic beq uest is one whereby the tes­ J
er meaning and include Objects and purposes tata!' gives to tbe legatee all his property of a
not charitable i n the It!ga.l sense of that word. certain class or kindj as ail bis pure perSON; ..
Acts of ki ndness . friendship, fore tho ught. or • alty.
good- will might properly ue described a.s A res£duary beg llest is a gift of all the re- K
benevolent. It has t he refore been held that ruainder of the testator 's personal estate. aft.
gi ft s to trustees to be ,\pplied for " benevl}­ er payment of debts and legacies . etc.
len t purpos�" at their discretion, or to such An executory bequest is the b equest of a
" benevolent purposes" ?s they could agree fut ure . deferred, or contingent interest in
UpOll, do not create a p u blic charity. But personalty. L
wbere the word is used in con nec tio n with
BERCARIA. In old English la w, a sheeP"'
other words explanatory of its meaning. and
fold; also a place where the bark of treea
indicating the intent of the do nor to l i m it it
was laid to tan.
to purposes strictly ch aritable. it bas ueen
held to be synonymous wi th , o r eq u i vale nt BERCAIUUS. OR BERCATOR. A M
to, "charitable." 132 Mass. 413. See. also. shepherd.
AM.DIOT.LAw-9
 BERE WICHA 130 BETWEEN

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. 1882, § 4354.
day for a village or bamlet belonging to some Wo take it that theN is a dift'ereuce in significa­
town or manor. tion between the terms �bestia.lity, n and the
BesNatit·lI is a conneo­
"crime aga.inst nature. tI
BERGHMAYSTER. An officer having tiOD between a human being and a brute o[ the o�

clJarge of a mine. A bailiff or chief ofUcer posite sox. Sodcnny is a conneotion between t-,vo
human beings of the same sax,-the male,-named
among the Derbyshire miners. who. i n addi­ from the prevalence of the sin in Sedam. Botb
tion to bis other duties. executes the office of may be embraced by the term "crime against na�
coroner among them. Blount; Cowell. ure, n as felony embraces murder, larcony, etc.,
though we think that term. is mora general1y
BERGHMOTH, or BERGHMOTE. used in reference to sodomy, Bug(}C'llI seems to
The ancient name of the court now called include both sodomy and bestiality. 10 Ind. 3.16.

" barmote , " (g. v.) BET. Bet and wager are synonymous
BERNET. In Saxon law. Durning; the terms. and are applied both to the cont ract

crime of house burning. now called "arson . " of betting o r wagering and to the thing or
sum bet or wagered . For example, one bets
Cowell ; Blount.
or wagt:rs. or lays a bet or wHger of so much.
BERRA. In old law. A plain ; open upon a certain result. But these terms can·
beath. Cowen. not properly be applied to the act to be done,
or event to happen, upon which the bet or
BERRY, or BURY. A villa or seat of
wager is laid. .llets or wagers may be laid
habitation of a nobleman; a d welling or man­
upon acts to be uone, events La happen. or
sion house; a sanctuary.
facts existing or to exist. The bets or wa·
BERTON. A large farm ; the barn.yard gers may be illegal, and the acts, events, or
of a large farm. facts upon which they are laid may not 1>9.
Bet-s or wagers may be laid upon games. and
BES. Lat. In the Roman law. A di­ things that are not games. Everything u(r
vision of the as, or pOll od, consisting of o n which n bet or wager may be laid is not II
eight uncia:. or uuodecimal parts. and ga me. 11 Ind. 16. See, aloo, 81 N. Y. 539.
amounting to two-thirds of the as. 2 Bl.
Comm. 462, note m. BETROTHMENT. Mutual promise of
Tw(}oothirds of an inheritance. Inst. 2, marriage j the plighting of trothi 8 mutual
14, 5. promise or contract between 8 man and
Eight per cent. interest. 2 Bl. Comm. woman competent to make it, to marry at a
ubi supra. future time.

B E S A l L E , BESAYLE. The great­ BETTER EQUITY. The right which,

grandfather. pTOaf)'lLS. 1 131. Comm. 186.
BESAYEL, Besaiel, Besayle. In old
English law. A writ which lay where a
great.grandfather died seised of lands and
�enements in fee-simple, and on the day of
II is death no stranger abated. or ent.ered and
kept out the heir. Heg. Orig. 226 ; Fitzh.
Nat. Brev. 221 D; 3 BI. Comm. 186.
BEST EVIDENCE. Primary evidence,
.is distin guished from secondary ; original,
as didtinguished from substitutionary; the
best and highest evidence of which the nat.
are of the case is susceptible. A written
Instrument is itself always regarded 3::l the
primary or best possible evidence of its ex·
istenc� and contents ; a copy. or the recollec­
tion of 8 witness, would be secondary evi..
. If an act is to be done "between" two cer·
lence.
BESTIALITY. Bestial ity i. the carnal
'l..rlow ledge and connection against the order
in a court of equity. a second incumbrancer
bas who bas taken securities against sllbs�
quent dealings to his prej udice, which a prior
in:mmbrancer neglected to take although he
had an opportunity. 1 Oil. Prec. 470. n.j 4:
Rawls. 144. See 3 Bouv. Inst. n. 2462.
BETTERMENTS. Improvements put
upon an estate which enhance its value more
than mere repairs. The term is also applied
to denote the additional value which an es·
tate acquires in consequence of some public
improvement, 8S laying out or widening a
street, etc.
BE'rWEEN. As a measureor indication
of distance, this word has the effect of ex.clud­
ing the two termini. 1 Mass. 93j 12 Me.
366. Comp''''e 31 N. J. Low, 212.
tain days, i t must be performed before the
commencement of tbe latter day. In com .
puting the time in such a case, both the days
 BETWEEN 131 BIGA

named are to be excluded. 14 TIL 332; 16 BID. An offer by a n inte nding purchaser
Barb. 352. to pay a designated p rice for property which
In case of a devise to A. and B. " between is about to be sold at auction.
them. " these words create a tenancy in com·
BIDAL, or EIDALL. An invitation of
mono 2 1161'. 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 disti nguish a sale of liquors to be drunk charitable contribution. It is something like
for the pleasure of drinking, from liquors to .. bouse-warming." i. e• • a visit of friends to
bedrnnk in obedience to a physician's advice. R person beginning to set up house-keeping.
142 Mass. 469. 8 N. E. Rep. 327. Wharton. C
BIDDER. One who offers to pay a speci­
BEWARED. O. Eng. Expended. Be­
fied price for an article offered for sale at a.
tOfe the Britons and Saxons had introduced
pu blic auction. 11 Ill. 254.
the general use of money. they traded chiefly
by exchange of wares. \Vbarton. BIDDINGS. Offers of a designated price 0
for goods or other property put up for sale at
BEYOND SEA. Beyond the limits of
auction.
the kingdom of Great Britain and Ireland;
outside the United titates ; out of the state. B I E L B R I E F. Germ. In European
Beyond sea, beyond the four seas, beyond the maritime law. A documentful'n ished by the E
Icas, and out of the realm, aro synonymous. Prior b u il der of a vessel. contain ing a register of her
to the union of the two crOWDS of Englnnd and admeasurement, parti cularizing the length,
Scotland, aD the accession of James r., the phrases
breadth. and dimensions of every part of the
"beyond the four seas, n "beyond the seas, n and
S hip . It sometimes also contains the terms
II out of tho realm , " signified out of the limits of
the realm of Engl and. 1 Har. & J. 350. ot agreement between the party for whose ac- F
In Pennsylvania, it has been construed to mean count the Ship is built, and the ship-builder.
IIwilhout the limits of the United States, n which
It has been termed in -English the j'grand
approaches the literal signification. 2 Dall. 217; 1
bill of sale; " in J!""rench, "contrat de con­
Yeates, 329; 6 Pet. 291, 300. Tho same construc­
tion has been given to it in Missouri. 20 Mo. 530. struction 0 '11 de la vente d'un vaisseau• ., and
G
..
�ce Aug. Lim. '3 200, 2OI. corresponds in a great degree with the En�
'l'heterm " beyonu seas, " in the proviso or saving glish, French, and American " register," (g.
olause of Do sta.tute 01 limitations, is equivalent to
'0.,) being an equ ally essential document to
without the limits of the state where the sta.tute
8
i enacted j and the party who is without those the lawful ownership of vessels. Jac. Sea
limits is entitled to tho benefit of tho exception. Laws, 12, 13. and note. In the Danish la w, H
8 Cranch, 174; 8 Wheat. 541 ; 11 Wheat. a61 i 1 Mo­ it is used to denote the contract of bottomry.
Lean, 146 ; 2 McCord, SSlj 8 Ark. 488 ; 26 Ga. 182;
18 N. H. 7Q. BIENNIALLY. This term, in a statute,
signifies. not duration of time, but a period
BIAS. This term is n o t synonymous with
for the happening of an event; once i n every
"prejudice." By the use of this word in a
two years. 9 Hun. 573 ; 68 N. Y. 479.
I
statute declaring disqualification of jurors,
the legislature intended to describe another BIENS. In English law. Property ot
and somewhat different ground of disqualifi. every description. except estates of freehold
cation. A man cannot be prejudiced against and inheritance. Sugd. Vend. 495; Co.
another without being biased against him; Litt. 1l9b.
J
but he may be biased without being preju·
In French la.w. This term includes all
dicrd. Bias is "a particular i nfluential pow­
kinds of property, real and personal. Bien.a
er, which sways the j udgment; the inclina­
are divided into biens meubles, movable pro p'
tion of tile mind towards a partic ular object."
It is not to be supposed that the legislature
sl'ty i and biens im.meubles, immovable prop- K
erty. The distinction between movable and
expected to secure in thej u tor a state of mind
immovable property i s recognized by the con­
absolutely free from all inclination to one side
tinental jurists, and gives rise, in the civil as
or the other. The statute means that, al ..
well as in the common law, to many impor­
though a juror has not formed a jUdgment for
tant distinctions as to rights and remedies. l
or agai n st the prisoner, before the evidence
SLory, Conti. Laws. § 13. note 1.
is heard on the trial. yet. if he is under such
an influence as so sways his mind to the one BIGA, or BIGATA. A cart or chariot
,ide or the other as to prevent his deciding drawn with two borses, coupled side to side;
the cause ".ccording to the evidence , be is in­ but it is said to be properly a cart with two M
competent. 12 Ga. 444. wheels, sometimes drawn by one horse; and
 EIG.UlUS 132 BILL

in t1lt� ancient records it is used for any rart, BILAGINES. ny�laws ot towns; mu·
wain, or wagon. Jacob. nici pal laws.

BIGAMUS. In the ci vil la w. .A man BILAN. A term u sed in Louisiana, de-.

who was twice married; one who at differ­ rived from the French. A. book in which
ent times and successively hus married two bankers, mdrchants. and traders write a
wives. 4 lnst. 88. One who has t w o wives statement of a ll they owe and all that is due
living. One who m arries a widow. them; " balance-sheet. See 3 Mart. (N. S.)
446.
Bigamus Beu trigamus, etc., est qui di­
BILANCIIS DEFERENDIS. In En·
versis temporibus et successive duas seu
glish law. Anobsolete writ addressed to a
tree uxores ha,buit. 4 lnst. 88. A biga­
corporation for the carrying of weights to
mu s or trigam us, etc., is one who at differ­ sllch a haven, there to wcigh. the wool an­
ent times a nd s u ccessively bas married two
Ciently licensed for transportation. Reg.
O�' three wives. Orig. 270.
BIGAMY. The c rim inal offense of will·
BILATERAL CONTRACT. A ter m .
fully Rnd knowingly contracti ng a second used odginally in the civil law, but now
marriage (or goi ng through the form of a gonerally adopted, denoting a contract in
second marriage) while the Hrst marri a ge, to which both the contracting parties are bo u nd
the knowledge of the offender, is still sub­ to ful£i1l obl igat i ons reCiprocally towards each
sisting and undissolved. otherj as a contract of sale, where one be.
'fhe state of a man who has two wives, or comes bound to deliver the thing sold. and
of :\ woman who has two husbands. living
the other to pay the price of it.
at the same time.
"Every convention properly so called consists 01
The o ffense of baving a plurality of wives a promise or mutual promises proffered and ac­
at the same time is commonly denominated cepted. Where one only 01 the agreeing pa.rt.ies
"polygamy;" but t,he name " bigam y " bas gives a promise, the convention is said to be • uol·
lateral.' Wberever mutual promises are proft'el'ed
been more freq uen tly given to it i n legal and accepted, there are, in strictness, two or more
proceedings. 1 Huss. Cri mes, 185. conventions. But where the performunce of either
The use of the word "bigawyn to describe this of the promises is made to depend on the perform·
offense is well establish�d by long usage, nlthough a.nce of the other. the several conventions are com·
often criticised 8S a corrupLion of the true mean· monly deemed one convention, and the convention
log ot the word. Polygamy is suggested as the is then said to be bilateral.'
• n Aust. Jur. § SOS.
correct term, instead of bigamy. to designate the
offense 01 baving a plurality 01 wives Of husbands BILGED. In admiralty law and marine
at the same time, and has been adopted for that insurance. That s tate or co nd i tion of a ves�
purpose in the Massachusotts statutes, But as 8el in which water is freely admitted through
the suhsta.:lCe of the offense is marrying a second
time, while having a lawful husband or wifo liv·
holes and breaches made in the planks of the
lng, without regard to the number of marriages bottom, occasioned by inj u ries , whether I.he
that may have taken place, bigamy scems 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· EILINE. A word used by Britton in the
ogy of the word as upon the propriety of distin· sen.'3e of " coll ate ra l . " En line biline, in the
guishing the ecclesiastical offense termed Ubiga.·
collat eral line. Britt. c. 119.
my" in the canon law, and which is defined below,
from the offense known as "bigamy n in the modern
BILINGUIS. or . double language or
criminal law, 'l'he same distinction is carefully
made by Lord Coke, (4 lnst. 88.) Bu� the ecclesi· tongue; that can speak two languages. A
astical offense boing now obsolete, this reason for term applied in the olu books to a jury cum­
tmbstltnting polygamy to denote the crime here posed partly of Englishmen and parLly of for..
defined ceases to have weight. Abbott. eig ners . which, by the English law. an alien
In the canon law, the term denoted the party to a suit is, in certain cases, entitled
offense com m itted by an ecclesiastic who tOj m ore commonly caUed a "j ury de medi·
m arried two wives successively. It might etate U7Iuwz." 3 Bl. Comm. 360; 4 Steph.
be committed either by marry ing a second Comm. 422.
wife after tbe death of a first or by marrying
BILL. A form al declaration. complalnt,
a widow.
or statement of particu l ar things in w ritin g.
BIGOT. An obstinate person, or one that As !\legal term. this word has many mean·
II wedded to an opinion. in matters of re­ ings and ap plications? the more i mportant at
ligion. etc. which are enumerated below.
 BILL 133 BILL IN KATURE. ETC.

1. A formal written statement of com­ or some other thing, In which, besIdes the
plaint to a cou 1't of justice. names of the parties, are to be �onsidel'ed the
In the ancient practice of the court of !um or thing duE', the time, place, and man­
king's iJench, the uSllill and orderly method ner of payment or delivery thereof. It may
of ueginning an action was by a bill, or orig­ be indented 01'1 poU, and with or without 8
inal bill, or plaint. This was a written st\lle­ penally. 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 complaint, and always allpged contract, or specification of the items of a de-­
a trespass as the ground of it. in order to malld. or counter-demand.
give the court jurisdiction. 3 Bl. Corom. 43. Also the creditor's written statement of
2. A formal written declaration by a court his claim, specifying the items. C
to its officers, in the nature of process ; as 9. By the English usage, it is applied to
the oW bill of Middlesex • . the statement of the charges and disburse.
3. A record or certified written account of ments of an attorney or sol i citor i ncurred i n
the proceedings in an action, or a portion of the conduct of h i s client's business, and which 0
the same; as a bill of excep tions. might be taxed upon application, even though
not incurred in any suit. ThllS, conveyanc­
4. In equity practice. A formal writ­
Ing costs might be laxed. Wharton.
ten complaint, i n the nature of a petition,
addressed by a suitor in chancery to the BILL-BOOK. In mercantile law. A
chancellor or to a court of equity or a court Look in which an account of bills of exchange E
having equitable jurisdiction, showing the and promissory notes. whether payable or �
names of tbe parties, stating the fact.s which ceivable, is stated.
make up the case and the complainant's aIle·
gations, averring that the acts d isclosed nre BILL CHAMBER. In Scotch law. A.

contrary to equity, and praying for process department of the court of session in which F
and for specific l'elief, 01' for such I'alief as petitions for suspension, interdict, eLe .• are

the circumstances demand. entertained. It is equivalent to sittings in

Bills are said to be original, not original, or in

chambers i n the English and American prac-
the nature of original bills. They art) original tice. Patel's. Camp.
when the circumstunces constituting the case are
BILL FOR A NEW TRIAL. In eq·
G
oot ulrcady before the court, and relief is demanded,
or the bill is filed for a subsidiary purpose. uity practice. A bill in equity in which the

5. In legislation and constitutional law the •

specific relief asked is an injunction agains�

word means a draft of an act of the legislature the execution of a judgment rendered at law

brfore it becomes a law; a proposed or pr� and a new trial in the action, on account of H
jected Jaw. A draft of an act presented to 80me fact which would render it inequitable

the legislature. but not enacted. An act is to enforce the judglllent, but which was not

the appropriat.e term for it, after it has been available to the party on the trial at law, or
which he was prevented from presenting by
acted on by. and passed by, the legislature.
26 Pu. St. 450.
fraud or accide nt, without concurt'ent fraud I
or negligence 011 his own part.
Also a special act passed by a legislative
body in the exercise of a qua.�i judicial power. BILL FOR FORECLOSURE. In eq·
Thus. iJilIs of attainder, bills of pains and uity practice. One which is filed by a mort­
penalties, are spoken of. • gagee against tbe mortgagor, tor the purpose J
In EnglaDd, "bili II also signifies the draft of a. of huving Lhe estate sold. thereby to obtain'
\latent for Do charter, commission, digni ty, oftice,
Lhe sum mOI-tgaged on the premises, wit.h in­
)r appointmen t ; sucb a bill is drawn up in the a�
terest and costs. 1 Madd. eh. Pro 528.
torney general's patent. bill office, is submitted by
a secretary of state for ber majesty's signature,
when it is called t.he "queen's bill ; " it is counter­
BILL-HEAD. A printed form on which K
signed by the secretary o f state, and sealed by the merchants and traders make out their bills
privy scal, and then the patent is prepared and and render accounts to their customers. '
sealed. Sweet.
BILL IN CHANCERY. See BILL. 4..
6. A solemn and formal legislative declara­
tion ot popular right.s and liberties, promul· BILL IN EQUITY. See BILL:4. l
gated on certain extraordinary occasions; as
BILL IN NATURE OF A BILL OF
the famous Bill of Rights in English history.
REVIEW. A bill i.n equity, to obtain a

7. As a. contract . A n obligation; a deed, re-examination and reversal of a decree, filed

whereby the obligor acknowlerlges himself to by oue who was not a party to tloe originuJ M
owe unto the obligee a certain sum of money suit, nor bound by the decree.
 llILL IN NATURE, ETC. 134 BILL OF E�THY

BILL IN NATURE OF A BILL OF felony, without any conviction In the ordinary

REVIVOR. 'Vhere. on the abatement of 8 course at judicial proceediI1g�. II o.n act InfHctu
milder degree of punishment than death, it is
snit, there is such a transmission of the in­
called a. II bill of pains and penalties, " but both are
terest afthe incapacitated party that the title included in the prohibitio n in the Federal consti·
to it, as well as the person entitled, may be the tution. Story, Canst. § 1344.
s ubject of litigation in a court of chancery, the
8ult cannot be continued by a mere bill of re­ BILL OF CERTIORARI. A bill, the
Object of which is to remove a suit in equity
vivor, but an original bill upon which the titJe
may be litigated must be filed. This is called a from Bome inferior court to the court ot
chancery. or some other superior court ot
"bill in tho nature of a bill of revivor." It
equity. on account of some alleged incumpe­
is founded on privity of estate or title by the
act of t.he party. tency of the inferior court, or Borne injustice
And the nature and opem­
tion of the whole act by which the privity is
in its proceedings. Story, Eq. 1'1. (5tb Ed.)
created is open to controversy. Story, Eq. � 298.
PI. §§ 378-380; 2 Am er . & E ng. Ene. Law, BILL OF CONFORMITY. In equity
27l. practice. One filed by an executor or admin.
istrator, who Hnds the affairs of the deceased
BILL IN NATURE OF A SUPPLE­
so mnch 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 cOllrt of chancery. This hill is filed
events happening since the sLlit was com­
against the creditors, generally, for the pur­
menced. are bl'ougbt before the court: where­
pose of having all their claims adjusted. and
in it differs from a supplemental hill, which is
procuring a. final decree settl ing the order ot
properly applicable to those cases only where
the same parties or the same interests remai n
paym ent of the assets. 1 Story. Eq. Jur.
§ 440.
before the court. Story, Eq. Pl. (5th Ed.)
§ 345 et seq. BILL OF COSTS. A certified, itemized
statement of the amount of costa i n an action
BILL OBLIGATORY. A bortd abso­
or suit.
lute for the payment of mooey. It is called
also a " single bill, It aod di tIers from a prom­ BILL OF CREDIT. In constitutional
issory note only i o h aving a seal. 2 Sergo & law. A bill or promissory note issued by
R. 115. the government of a state or nation. upon its
faith and credit, designed to circulate in t.he
BILL OF ADVENTURE. A written
community 8S money, and rtKleemable at a
certificate by a merchant or the master or
futUre day.
owner of a ship, to the effect that the proper­
ly and risk in goods shipped on the vessel in
In mercantile law. .A. 1 icense or author­
ity giveu in writing from olle person to an­
his own name belong to another persoll, to
other, very common alllong m�rchants, bank­
whom be is accountable for the proceeds
ers, and those who travel. empowering a
alone.
person to receive or take lip money of their
BILL OF ADVOCATION. In Scotch correspondents abroad.
practice. A btll by which the jUdgment of
BILL OF DEBT. An ancient term in­
un iIlrerior court is appealed from, or brought
cluding promissory notes and iJonds for the
under review of a superior. Bell.
payment of monfly. Com. Dig. .. Merchant, "
BILL OF APPEAL. An ancl.nt, but F. �.
now abolished, method of criminal prosecu­
BILL OF DISCOVERY. A bill In
tiun. See BATTEL.
equity filed to obtain a discovery of facts
BILL OF ATTAINDER. A legislative resting in the knowledge of the defendant,
Rct, di rected against a designated )Jl:'rson, or or deeds or writings, or other things in
pronou ncing him guilty of an alleged crime, his custody or power. Story, Eq . PI. (5th
� usually treason.) without trial or can viction Ed.) § 311.
according to the recognized !'Ules of proced·
BILL OF ENTRY. An account of tb.
ure, and passing sentence of death and at­
goods entered at the custom house, both in­
tainder upon h i m .
coming and outgOing. It must atate the '
" Hills of attainder, " o.s they are technically
name of the merchant eX"porting or impor�
called, are such special o.cts of the legis lature 808
Inflict ('n.pitai puulsbIUOOL.'I upon pcrRons suppo sed fng. the q uar, Lity and sprcies of merchandise,
to 00 guilty of high offenses, such as i.re!U>oQ snd anll whither transporteu. "nd whence.
 DILL OF EXCEPTIONS 135 lJlJ.L OF INTElIl'LEADEU

BILL OF EXCEPTIONS. A formal or that one actually prevailed. it Is caned a

,tntement in writing of the objections or ex­ "touched " or a U foul " bill.
ceptions taken by a party d u ri n g the trial of In Scotch law. An appl i cation at a per­
a cause to the decisions, rUlings. or instruc­ son in c ustody to be discharged on accou nt
tionsof t he trial j udge, stating the objection , of ill health. Where the health or a prisoner
with the facts and ci rcumstances o n wbich r equ ires it. he may be ind ulged. unller prop­
it is found ed . and. in order to attest its aocu.. er regulations. with 811Ch a degree of li be rty
racy. signed and sealed by the j ullge; tbe as may be nece ssa ry to restore him. 2 Bell.
object b�ing to put the controverted rulings Com m . (5th Ed.) 549; Paters. Compo § 1 129.
or decisions upon the record for the informa­
tion of the appellate court. 2 Dll.k. 470, 11
BILL OF INDEMNITY. In Engl ish C
law. An act at pa rliament. passed every
N. W. Rep. 497; Po w . App. Pro D . 211.
session until 1869. but discontinued i n and
BILL OF EXCHANGE. A writt en after th at year, as having been rendered un­
order from A. to B . , directing B. to pay to C. a necessary by the pa ssing of the promissory
cel'taill sum of mOll ey thel'ein n amt:d. Byles, oaths act, 1868, for t he relief of those who D
Bills. 1. have unwittingly or una\,oidably neglected
An open (tha.t is. un seal ed ) letter addressed to take the necessary oaths, etc . • required for
by one person to another directing him, in the purpose of qualifying them to hold their
effect, to pay, absol utely and at. ali events, a respecti ve offices. -Wharton.
eertai n sum of money therein named. to a
BILL OF INDICTMENT. A formal
E
third person. or to any other to whom that
written doc ument acc usi n g a person or per�
third person may order it to be pai d . or i t
30ns named of having com m itted a fe lony or
may be payable t o bearer o r to the drawer
misdemeanor, lawfully laid before a grand
hi mself.
A bill
1 Daniel, Neg. Inst. 27.
of exchange is an i nstrument, nego­
jury for their action upon it. It the grand F
jury decide that a trial ought to be bad, they .
tiable in forlll, by whicb one, who is ca lled
s
the "dnnver,1J reque ts another. called the
indorse on it " a true bill;"
a true bill" or "not found."
if otherwise, H Dot
"drawee." to pay a. spec i H ed sum of money.
Civil Code Cal. § 3171. BILL OF INFORMATION. In chan- G
A bill ot exchange is an orde r by one per­ cery practice. 'V here a suit is instituted on
eon, called the "drawer" or " maker, " to an­ behalf of the crown or government, or of
otber, called the "drawee" or "acce ptor, " to those of whom i t bas the cu stody by virtue
pay money to another, (who may be the of its prerogati ve, or whose rights are under
drawer himself.) called the " payee, " or h is its particular protection, the matter of com� H
order. or to the bearer. If the payee, or a plaint is offered to tbe court by way of in�
bearer. transfers the bill by indorsement, he formation by the attorney or solicitor gen­
then becomes the " i ndorser. " If the (trawer e ral . instead of by p etiti on. 'Vhere a suit
this steue, it is immediate ly concerns the crown or govern-
or drawee resides out of
th en called a "foreign bm of exchange." ment alona, the proceeding is pu raly 1.Iy way I
Cod e Ga. 1882. § 2773. of i nformation. but, where it does not do so
imm edi ately. a relator is appOinted. who is
BILL OF GROSS ADVENTURE. In ans werable for costs, etc., and. if be is in­
French maritime la w. An y written instru­ terested in the matter in connection with the J
ment wh ich contains a contract of bottomry. crown or government, the proceeding is by
reBpondentia, or any other kind of maritim e information and bill. Informations differ
loan. There is no corresponding Engl ish from bills in little more than namo and form.
same rules are substantially applica-- {.
I
term. Hall. Marit. Loans. 182, n . and the
lIle to both. See Story, Eq. PI. 5 ; 1 Da niell , r
BILL OF HEALTH. An official certifi­
Cil. Pro 2. 8. 288 ; 3 BI. Comm. 261.
cate, given by the authoriti es of a port from
which a vessel clears, to the master of the BILL OF INTERPLEADER. The name
ship. show i n g the state of the port. as r� of a bill in equ ity to obtain a stttiement of s'
spects the public health. at the ti me of sail­ question of right to Inoney or other property L
ing, nnd exhibited to the authorities of the adversely claimed, in which the party fil ing
port which the vessel next makes. i n token the bill bas no interest, althollgh it; may be in
that she does not bring disease. If the bill his bands, by compelling Such adverse claim­
alleges that no contagiO US 01' i nfecti o us dis­ a nts to litigate the right or title be twee n 'ft.I
ease existed, it is c.alled a u clean " bill; if it themsel ve s , and relieve him from l i abili ty or [�I
adm its that ODe was suspected or ant iCi pated, litigation.
 BILL OF LA-DING )3� BILL OF SALE

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, ) turnished
carriage and deli very of goods se nt by sea for by one of the par ties to the other, either vol·
11 certain freight . 1 H. HI. 359. untarily or in c ompl iance with a jullgels or­
A written m emorand um , gi v en by the per­ der for that purpose. 1 Tidd. Pro 596-600;
son in com manu of. a merchant vessel. ao­ 2 Arcbb. Pro 22l.
k nowl{'dging the receipt on boarel the shi p of
BILL OF PEACE. In equity practice.
certa in specified goods. in good order or "ap­
One which is filed wben a person bM a right
parent good order." which he undel'tal.;es. i n
wbich may be controYertpd by various per-
considerat ion o f the payment of freight, to
80nSl at different times, and by differen t ac­
deliver in like good order ( dangers of t.he sea tions.
excepted) at a deSignated pl ace to the con­
signee th E-rei n Ilameu o r to his aSSi gns. BILL OF PRIVILEGE. In old En·
'The term is often applied to a simi lar re­ glish law. A method of proceedi ng ngai nst
ceipt and undertak i ng given by a carrier of attorneys and ofileers of the court not liable
goods by land. to arrest. S Bl . Comm. 289.
A. bill of lading Is an instrument in writ­ BILL OF PROOF. In E ngl ish pra.,.
ing. signed by a carri er or his agent, descri b­
tice. The lIame given, in the mayor's coun
ing the freight so as to ind e ntify i t , sta ting
of London . to a spe cies of inte rve nt ion by a
the name of Lhe conSignor, the terms of the
third person layi n g claim to the subjpct-mat­
contract for carriage. and ag reeing or direct­
ter i n dispute between the parties to a suit,
ing that the freight be deli vel'ed to the order
or ass i gns of a spec i fi ed person at a specified BILL OF REVIVOR. In eq nity prac·

place . Civil Code Cal. § 2126; Civil Code tice. One wh ich i s brought to continue a

Dak. § 1229. sui t which has abated before its final can·
summa ti on , &3, for example, by death, or
BILL OF MIDDLESEX. An old form m<lrriage of a f�male pl ai ntiff.
of process similar to a capias, issued out of
the court of king's bench i n personal actions , BILL OF REVIVOR AND SUPPLE·

directed to the s h eri ff of the county of Mid­ MENT. In eq uity practice. One which is

dlesex, ( hence the name. ) and comm a nding a com pou nd of a sup pl emental bill and bill

him to take the defendant and have him be­ of revivor. and not only continues the sllit.

fore the ki ng at West m inster on a lIay named1 which has abated by the death of the plain­

to ans wer t he p l ain ti ff's complaint. tiff, or the like. but s upplies any defects in
the original bill ariS i ng from subsequent
BILL OF MORTALITY. A written events, so as to entitle the party to rel i ef on
statement or account of the number of deaths the wh ole merits of his case. 5 Johns. Cb.
which have occn rred i n 8 certain district dur­ 334; Mitt. Eq. PI. 32. 74.
ing a gi ven time. In some places. births as
BILL OF REVIEW. In equity prac­
well as deaths are included.
tice. One which is brought to have Ii d ecree
BILL OF PAINS AND PENALTIES. of the court reviewed , corrected. or reversed.
A special act of the legislature which inflicts
BILL OF RIGHTS. A tor m al lind em·
a punishment, less tha n dt'aLh, upon persons
phati c legislative assertion and declnraLion
supposed to he guilty of treason or felony,
of popular rights aud liberties usually pro­
without any can viclion in the ol'dina,ry course
m u lga ted upon a change of governm ent;
of judi cial proceedings. It di ffers fwm a bi ll
particula rly the s tatute 1 W. & M. St. 2, c.
of attai nder in tbis: that t he pun ish ment ill­
2. Also the summary of the rights and lib­
flicted by the latter is death.
erties of the people, or of the principles at
BILL OF PARCELS. A statement .ent constitutio nal law deeDled (>A,;sential and flln·
to the b uyer of goods, along with the goods. damental, contained in m allY of the Ameri­
ex hi bit i ng in d etai l the items c omposi ng the can state co nstit utions .
parcel Hod their sf'veral prices, to enable him
BILL OF SALE. In contracts. A
to dete ct any mistake or omiss ion ; an in­
written agr�elDent under aeal, by which one
voice.
person assigns or transfers his rig ht W or in·
BILL OF PARTICULARS. In prac­ terest in goods and personal chattels to an­
tice. A w r i tten statement or specificatIon other.
of th e particulars of the demand tor which An i ns t rume nt by which. in particular,
aD action nt In w is brought, or ot a defend- the property i n sh ips and vessels is conveyed.
 IlILL OF sranT 137
Bn.L OF SIGHT. When an imporler
of goods is ignorant of their exact qunnUty or
qu.ality. so that he CaDI1!')t make a perfect en­
try of them, he may give to the customs offi­
cer a written description of them, according
to the best of bis information and belief.
This is called a .. bill of sight."
BILL OF STORE. In English law. A which is filed when, from the neglect ot par­
kind of license granted at the custom-house
to merchants. to carry sucll stores ami pro­
visions as Ufe necessary for their voyage,
custom free. Jacob.
BILL OF SUFFERAN CE. In English
law. A. Iicem:le granted at the custom-house
to a merchant, t.o suffer him to trade from
one English port to another, without paying
custom. Cuwell.
BILL PAYABLE. In a merchant's ac­
counts, all bills which he has accepted, and
promissory Dot.es which he bas made. are
called " bills payable," and are ent.ered in a
ledger account under til at name, and record­
ed in a book bearing the same title.
BILL PENAL. In contracts. A writ­
ten obligation by which a debtor acknowl­
edges hilllstllf indebted. in a certain slim. and
binds himself for tbe payment thereof. in a
larger sum, called a "penalty."
BILL QUIA TIMET. A bill in voking
the nid of equity " because he fears, " that is,
because the complainant apprehends an in­
jury to his property rights or interests, from
�he fault or neglect of another. Such bil1s
are entertained to guard against possible or
prospective injuries, and to preserve tbe
means by which existing rights may be pro­
tected from future or contingent \'iolationsj
differing from injullctions, ill that the latter
correct past and lJresent or imminent and cer­
tain injurit's. Bisp. Eq. § 568; 2 Story, Eq.
Jur. § �26.
BILL RECEIVABLE. In a merchant'. lading.
accounts, 811 notes, drafts, checks, etc., pay­
able to him, or of which he is to reeei \'e tbe
proceeds at a iu ture date, are callf':d U bills re­ practice.
ceivable," and are entered in a ledger-ac­
count under that name, and also noted i n a they found it sufficiently sustained by evi·
book bearing the same title.
BILL RENDERED. A bill of Items
rendered by a creditor to his debtor; an "ac­
count rendered, " as distinguished fl"Om "an
account stated. "
BILL SINGLE. A written promise to Billet a. 'Vue, 1'1, bill p"yable at sight. Billet
pay to a person or persons named a stated de complaisance, an accommodation hill.
BILLET
sum at a stated time, without any conditIon.
'Vhen under seal, as is usually the case, it I.
sometimes called a bill obligatory," (q. v.)
..
It difIers from a "bill penal," (g. tI.,) in that
it ex pre5 ses no penal Ly .
BILL TO CARRY A DECREE INTO
EXECUTION. In equity practice. One
ties or some other cause, i t may become im­
possi ble to carry a decree into execution with. C
out the further decree of the court. Hind,
Cb. Pro 68; Story, Eq. Pl. § 42.
BILL TO PERPETUATE TESTI·
MONY. A bill in equity filed in order to 0
procure the testimony of witnesses to be
taken as to some matter not at the time be­
fore the courts, but wbich is likely at Borne
future time to be i n litigation. Story, Eq.
PI. (5th Ed.) § 300 et seq.
E
BILL TO SUSPEND A DECREE. In
equity practice. One brought to avoid or
suspend a decree under special cirCUmstances.
BILL TO TAKE TESTIMONY DE F
BENE ESSE. In eq uity practice. One
which is brougbt to take the testimony of
witnesses to a fact material to the pl"Osecution
of a suit ilt law which is actually commenced,
where there is good cause to fear that the
G
testimony may otherwise be lost before the
time of trial. 2 Story, Eq. JUl'. § 1813, D .
BILLA. L. Lat . A bill; an original blll. H
BILLA CASSETUR, or QUOD BILLA
CASSETUR. (That the bill be quashed.)
In practic�. The form of the jUdgment ren­
dered for a defend ant on a plea i n abatement,
where the proceeding is by billj that is, I
where the suit is commenced by capias, and
not by original writ. 2 Archb. Pro K. B. 4.
BILLA EXCAMBII. .IJ.. bill of excbange.
J
BILLA EXONERATIONIS. A biU of
BILLA VERA. (A true bill.) In old
The indorsement anciently made K
on a bill of indictment by a grand jury,when
dence. 4 BI. Comru. 306.
BILLET. A soldier's quarten in a ci vil·
l
jan's house; or the ticket which autborizes
him to occupy tbem.
I n French law. .A. bill or promissory
note. Billet d ordre. a bill payable to order.
M
 BILLET DE CHANGE 138 BLACK ACRE

BILLET DE CHANGE. In French law. BISAILE. The father or one's grand·

An engagement. to gi ve, at a future time. a father or grandmother.
bill of exchange, which the party is not at the
BISANTIUM, BESANTINE, BE·
time prepared to gi ve . Story. Bills, § 2. n.
ZANT. An ancient coin. first issued at Con·
BILLETA. In old English law. A bill stantinople; it was of two sorts.-gold, eq·
or p et ition exhibited in parlia men t . Cowell. pi valent to a dncat, valued at 9s. 6d.; and
si l ver. com pu ted at 29. They were botbcur.
BILLETING SOLDIERS. Qu arter i ng
rent in England. ",Vharton.
them in the houses of private citizens; find­
ing q ua rLe rs for them. BI·SCOT. In old E n glish law. A fin.
imposed for not repairing banks, dit cbes. and
EI-METALLIC. Pertaining to. or con­
causeways.
sisting of, two metals used a& mOlley at a
fixed relative value . BISHOP. An E nglish ecclesiastical dig·
nitary, being the chief of the cl ergy within
BI·METALLISM. The legalized use of
his diocese. subject to the archbishop of the
two metals in the currency of Ii country at a
province in w hich his diocese is sitllat�d.
fixed relative value.
Most of the b ishops are also members of the
BIND. To ouligate; to bri ng or place house of lords.
under deBoite du ties or legnl obligations, par.. A bishop bas tbree powen: (1) A power of
tirularly by a bond or covenant; to affect one ordino.tioo, gained on his consecration. by whioh
he confers orders, etc., in any place throughout the
tn a const.raining or compulsory manner with
world; (2) a power at jurisdiction througbout his
a contract or a judgment. So long as a con­ see or his bishopric : (B) a power of administration
tract. an adjudication. or a l egal relation re­ and government of the revenues thereot, gained
mains i n force and virtue. aIHI continues to on confirmation. He has, aiso, a consistory court,

impose liuties or obJigntions, it is said to be to hear ecclesiastical causes, and visits and super­
intends the clergy of his diocese. He consecrates
"binding." A man is bound by bis contract churches nnd institutes priests, confirms, sua.
or promise, by a judgment or decree against pends. excommunicates, and granta licenses for
him, by his bond or covenant, by an estoppel. marriages. He has hIs archdeacon, deao, and

etc. cbapter, chancellor, who balds his courts and as­

sist-a him in ma.tters at ecclesiastical law, and
BIND OUT. To place one under a legal vicar�generaL He grants leases for three llver!,

obligati on to servtt anoLhcr ; as to bind out or twenty-one years, reserving the accustomed
yearly rent. Wharton.
an apprentice.
BISHOPRIC. In ecclesIastical law. Th.
BINDING OVER. The act by whicb a
diocese of a bishop, or the circuit in whten
cou rt or magistrate requires a person to enter
office of a bishop. 1
into a recognizance or furnish baH to appear h e has J urisdiction; the
for trinl, to k eep the peace, to attend us a
BI. Corum . 377-382.
witness. etc. BISHOP'S COURT. In English law.

BIPARTITE. Consisti ng of, or divisible An ecclesiastical court. held in the cathl'dral

into. two pa rts. A term in conveyuncing de­ of eacb uiocese. the jUdge whereof is the
scriptive of an instrumfmt i n two pa rts, and bishop's chancellor, who j udges by the civil
executed by both parties.
canon law; and. if the diocese be large. he
has his commissaries in rem ote parts. who
BIRRETUM, BIRRETUS. A cap or bold consi&to1'Y COUtts. for matters limiLed to
coif used formerly in Engl and by j udges and t.hem by their commission.
serj eants at law. Spelman.
BISSEXTILE. The day which is add ed
BIRTH. The act of
being born or wholly every fourth year to the montb of February,
brought into separate exi stence. in order to make the year agree witb the
BIS. Lat. Tw ice. course of the SUD.
Leap yeal', conSisting of 366 days, and
Bia idem exigi bona. fides non patitur; happening every fourth year, by the addition
et in satisfa.ctiouibus non permittitur am­ of a day in the month of F ebruary. which in
plins fieri quam semel factum est. Good that year consiSts of twenty-nine days.
faith does not suffer the same thing to bl! de­
manded twice; and in makin g satisfact ion BLACK ACRE and WHITE ACRE.
[for a deLt. or demand] it is not allowed to be Fictitious names applied to piecE"8 ot land,
done mure than OD ce . 9 Coke, 53. and used as examples in the old books.
 BLACK ACT 139 BLADARIUS

BLACK ACT. Tile statute 9 Geo. I. e. were called ,I black-mail, " (reditus nigrt" 1n
'22, so CHllt.'d uecause it was occasioned by the distinction from white rents, (blancheji;rme8,)
outrages committed by persons with their which wero 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.
8 Geo. IV. Co 27. In common parlauce, the term is equivalent to,
Bnd synonymous with, "extortion, "·-the exaction
BLACK ACTS. Old Scolch slatutes of money, either for the performance of a duty,
passed i n the reigns of the !::i tllarLs and down the prevention of an injury, or the exercise of an
infl.llence. It supposes the service to be unlawful,
C
to the year 1586 or 1587, so calleu because
and the payment involuntary. Not infrequently
printed in black letter. Bell.
it Is extorted by threats, or by operating upon the
feat's or the credulity, or by promises to conceal,
BLACK BOOK OF HEREFORD. In
or oITers to expose, the weaknesses, the follies. or
English law. An old record frequently rc­ tbecrimesot the victim. 26 How. Pl'. 431 ; 17 Abb. D
tened to by Cowell and other early writers. Pl'. 226.

BLACK BOOK OF THE ADMIRAL­ BLACK MARIA. A closed wagon or

TY. A book of the highest authority in ad­ van i n which prisoners are carried to and
from tha jail, or between the COllrt and the
miralty matters, generally supposed to have
jail.
E
been compiled during the reign of Edward
Ill. with additions of a iatf'r 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 cognizable in the admiralty, and many baser money, in contradistinction to tbose
otber malters. See 2 Gall. 404. which were reserved in white money or sil­ F
Ter, which were termed " white rents , "
BLACK BOOK OF THE EXCHEQ·
(redilus albi,) or blanch farms. Tomlins;
UER. The name of an ancient book
Whishaw.
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 chiet
officer of the queen, deriving his name from
BLACK CAP. It I. a vulgar error that
the Black Rod of office, on the top of which
the head-dress worn by the j udge in pronoullw
reposes a golden lion, which he carries.
cing the sentence of death is assumed as an H
emblem of the sentence. It is part of Lho ju­ BLACK WARD. A subvassal, wbo held
dicial fnll dress, and is worn by the judges ward of the king's vassal.
on occasions of especial st'lte. 'Vhal'toll.
" BLACKLE G. " liThe word ' blackleg'
BLACK GAME. In English Inw. has been used long enongh to be understood , I
Heath fowl, tn contradistinction to red gume, not only by experts i n Slang, but by the pub.
as grouse. lic at large, and therefore it was for the judge
to expound its meaning. I have always uu­
BLACK-LIST. A Jisto! persons marked
dersLood the word ' blackleg I to mea.n a per­
out tor special avoidance, antagonism, or en­
mity on the part of those who prepare the
son who gets ilis living by f r equenting racc­ J
courses and places where games of chance are
list or those among whom it is intended to
played, getting the best ouds, and giving the
circulate; as where a trades· union " black­
least he can, but not necessarily cheating.
lists" workmen who refuse to conform to its
rules, or where a list of insolvent or untrust­
That is not indictable either by slatute or
at common Jaw." Pollock, C. B., 3 Hurl. &
K
worlby persons is published by a commercial
N . 379.
agency or mercantile associuLion.
BLADA. In old Englisb law. Growing
BLACK-MAIL. 1. In one of its origi­
crops of grain of any kind. Spelman. .All
nal mennings, this term uenoted n tribute
manner of annual grai n . Cowell. lIarvested l
paid by English dweller� along the Scottish
grain. 13mct. 217b,. Reg. Orig. 94b, 95.
border to i l'l Uuential chieftains of ScoLiand,
as n condition of securing immunity from BLADARIUS. In old Englisb law. A
raids at marauders and boruCl· thit.'ves. ('orll-monger ; meal-man or corn-chandler; a
2. It also deSignated rents payable in cat-
Ue, grain, work, and the like. SUCh rents I bladiel',
Blo unt.
or engrosser of COl'O or grain. M
 BLAJ;; C SEIGN 140 BLENDED FUXD

BLANC SEIGN. In Lou i s i ana, a paper BLANKET POLICY. In the law or

signed at the bo l tom by bim who i ntend s to
bind himself, gi ve ncqui LLance. or compro-­
m is e, at th� di s creti on of t he person whom
be intrusts with such blanc seign. g i v i n g b i m
power to fill it with w hat he may think prop­
er. a cco rd ing to agreemen t. 6 Mart. (La.)
718.
BLANCH HOLDING. An ancient ten·
ure of the law of Scotland. the duty payable
bei ng tritling, as a penny or a pepIJer-corn.
etc . , if required; similar to free and common
socage.
BLANCHE FIRME. White rent; a rent
reserved, payable in sil ver.
BLANCUS. In old law and pra ctice
fire insurance. A poli cy which con templates
t h at the risk is shi ft i n g, flnctn at i ng, or vary.
ing, and is applied to a class or prop erty,
rather than to any part i cu lar nrticleor,thing.
1 Wood, Ins. § 40 . Se. 93 U. S. 541.
BLANKS. A. Idnd of white money, (val.
ne 8d.,) coined by Hellry V. in those parts or
France which were then subject to England;
forbidden to be Cll rrent in that realm by 2
Hen . VI. c. 9. Wharton.
BLASARIUS. An incendiary.
BLASPHEMY. In English law. Bl,..
ph ero y is the
offe n se of speaking matter re­
to God. Jeslls Christ, tbe Bible, or the
lating
.

Book of Common Prayer, intended to wounu

White; plain; smooth ; bla nk.
the feelings of m a nki u d or to excite contemp�
BLANK. A space left unfilled in a writ­ and hatred against the church by Ja w estab­
ten document, in which one or more words lished. or to promote immorality. t:lwee�.
or marks are to be inserted to com plete the In American law. Any oral or written
sense. reproach maliciously cast upon God, his
Al so a skeleton or pri nted form tor any name. attributes, or religion. 2 Bish . Crim.
legal document. in which the necessary and Law. § 76 ; 2 llar. (Del.) 553; 20 Pick. 206;
invar i able words are printed i n their proper 11 Sergo & n. 394; 8 Joh ns. 290.
order , with blank spaces left for the insel·tion Blasphemy consists in wa ntonly utt ering
of such names, dates, fig u res additional or publishing words casting contumelious
.

clauses. etc as may be necessary to adapt reproach o r prorane ridicule upon God J esus
.•
• .

the instrument to the particular case and to Christ, the Holy Gh ost , the Holy Scriptures.
the design of the party us i ng it. or the Christian religion . Pen. Colle Dak.,
§ 31.
BLANK ACCEPTANCE. An accept
In general, blasphemy may be described as con­
­

ance of a bill of exclumge written on thp. pa ­

sisting in speaking evil of the Doity with an impi.
per before the bill is made, and delivered by ous purpose to derogate from the divine majesty,
the acceptor. and to alienate the miuds ot othen from the iove
and reverence of God. It is purposely using words
BLANK BAR. Also called the "common CODcOl'oing God calculated and designed to impair
bar. " The Ilame of a plea in bar which in and destroy the reverence, respect, and confidence
an action of trespass is put in to oblige t he due to him as the intelligent oreator, governor,
and judge ot the world. It embraces the idea or
plain ti ff to s!;)sigll t he certain place w here the
detra.otion, when used towards the Supreme Be­
trespass was com m itted . It was most in ing, as "calumny " usually carries the sume Idea
p rac tice in the common bench. See Cro . Jac. when applied to an individual. It is eo willful and
5�4. malicious attempt to lessen men's reverence or
God by denying bis existence. or " is at.tributes 35
BLANK BONDS. Scotch securities. in an intelligent creator, governor, anJ judge of men,
wbich the creditor'S name was left blank. and and to prevent their having confidence in him a&

which passed by mere delivery. the bearer be­ such. 20 Pick. 211, 212.

ing at liberty to put in his name and sue for
payment. Declared void by Act 1696. c. 25.
BLANK INDORSEMENT. The in·
dorsement of. a bill of excl130ge or promisso..
ry note, by m erely writin g the name of the
ind orser, w ithout me ntioni ng any person to
whom the bill or note i8 to be paid; called
"blank," because a bla.nk or space is left
over i t for the insertion of the name of the
ind orsee, or of any subsequent holder. Oth�
erwiso called an indorsement "in blank. "
3 KeDt. Comm. 89; Storl, Prom. Notes, § 138.
The use ot. this word is. in mcdelD _a.w
exclusively confined to sacred subjects; but.
blasphemia and blasphemaT� were anciently
used to signify the reviling by one person or
another. Nov� 77, c. 1, § 1 ; Spelman.
BLEES. G rain i particularly corn.
BLENCH, BLENOH HOLDING. See
BLANOH HOLDING.
BLENDED FUND. In Engl and . where
a' testator directs his real nnd personal estate
to be sold, and disposes of tile proceeds as
 BLIND 141 BOABD OF HEALTH

forming one aggregate. this is ca11ed BLOODY HAND. In forest law. The
"blended fund . " "I havi n g the hands or otber parts bloody.
which, in a person caught trespass ing in the
BLIND. One who is deprived of the forest against venison, was one of the four
lense or faculty of sight. kinds of circumstantial evidence of his hay·
i ng killf!d de�r. alth o ugh he was n ot found
BLINKS. In old English I a\v. Bough.
in tbe act of chasing or h u nting. Man w ood.
broken down from trees and thrown in a

way where dee.. are likely to pass. Jacob. BLUE LAWS. A supposititious code of
severe 18\\"8 for the regulation of rl'ligious
BLOCKADE. In international Jaw.
marine investment or beleaguering of a town
A
and personal conduct in the colonies of Con- C
neeticut and New Haven; hence any rigid
or harbor. 11 sort of circumvallation rOllnd
Sunday laws or religious regulations. The
a pl ace by which aU foreign connection and
assertion by some writers of the existence of
correspondence is, as far as human power
the blue laws has n o other basis than the
1 C. Hob. Adm.
can

151.
effect it. to be cut off.
It ilJ not necessary, however, that the
adoption, by the first authorities of the New D
H a ven colony, of the Scriptures as their
place should be inveRted by land, as well as
code of law and government, and tbeir strict
by sea, In order to constitute a legal block­
applicatioo of Mosaic principles. Century
ade; and, if a place be blockaded by sea only. .
Diet.
it is no violation of belligere nt rights for the
neutral to carry on commerce witb it by in ­
E
BOARD. A. committee of persons organ·
land comm u nications. 1 Kent. Camm. 147. ized under authority of law in order to exer­
l'he actual investment of a port or place by a cise certain authoriUes, have oversight or
bostile force tully competent, under ordinary cir·
control of certain matters, or discharge cer-
cum stances,
with, 80
to cut off all communication there·
arranged or disposed as to be able to ap·
tain functions of a magist eri al. representa­ F
ply its force to every pOint of practicable access or tive, or fiduciary character. Thus, "board
approach to the port or place so invested. Bouvier. of aldermen," " board of healLh,tJ u board ot
It is called a " blockade de facto" when directors, " "board of works."
Also lodging, food, entertainment. fur-
the usual notice of the blockude has n o L been
nished to a guest at an inn or boarding­
G
given to the neutral powers by the govern­
ment causing the investment, in consequence house.

of which the blockadi ng sq u adron has to

BOARD OF HEALTH. A board or
l all approaching vessels.
warn a I
commission created by the sovereign au t.hority
or by municipalities, in vested with certajn
H
BLOOD. Kindred; consanguinity; fam­
powers and charged with certain d uties in
Ily relationship; relation by descent from a
relation to the preservation and improvement
common ancestor. One person is "of the
of the public b ealth .
blood" of another when they are related by
Gene1'al boards of health are usually charged
lineal descent or collateral kinship.
with general and a d visory duties. with the
Brothers and sisters are said to be of the
collection of vital statistics, the i n vest.igation
wbole blood if they have the saille father and
of sanitary conditions, and the methods of
mother, and of the half lliood if they have
dealing with epidemic and other diseases, the
only one parent in common. 5 'Whart. 477.
qu aran ti n e laws, etc. Such are t he national J
BLOOD MONEY. A weregiId. or pe­ boaru of health, created by act of congress of
cuniary mulct paid by a slayer to the rela­ March 3. 1879. (20 St. at Large. 484.) and
tives of his victim. the state boards of health created by the leg-

A.lso used, in a pop ul a r sense, as descrip­ islatures of most of the states.

tive of money paid by way of reward for the Local boards of health are charged with K
apprehension and conviction of a person more direct and immediate means of secur­

cbarged with a capital crime. ing the public health, and exercise inqu isi·
tOl'ial and executive powers in relation to
BLOODWIT. An amercement for blood­ sanitary regulations, offensive nuisances, L
shed. Cowell. markets, adulteration of food, slaughter­
The pri vilege of taking s uch a mercements. houses, drains and sewers, and Similar sub­
Skene. j ects. Such boards are constituted in most
A pri vilege or exemption from payi ng a American cities either by general law, by
fine or amercement assessed for bloolisiled. their charters, or by muniCipal ordinance, M
Cowell. aDd in England by tile statutes. 11 &. 12 Vict.
 BOARD OF SUPERVISORS 142 BODY OF AN INSTRUMENT

c. 63, and 21 & 22 Viet. c. 98, and other acls upon special considerations. But it is a quasi
amending the same. public house, where boarders are generally
and habitually kept, and which is held out
BOARD OF SUPERVISORS. Under and known as a place of entertainment of
the system obt.aining in some of the northern
that kind. 1 Lans. 486.
states . this name is given to an organized
A boarding-house is not au inn, the distinctiQtl
committee, or body of officials. composed ot being that a bl)arder is received into a house by a
t.lclegates frolU the several townships in a voluntary contract, whereas an innkeeper, in the
count,y. constituting part of the county gov­ absence of any reasonable or lawful excuse,
is bound to receive a guest when he presents him­
ernmt:nt. and having special charge of the
self. 2 El. & BI. 144.
reyenues of the county.
The distinction between a boardlng�bouse and
an inn is that in a boarding-house the guest is un­
BOARD OF TRADE. An organization der all express contract, at u certain rate for a cer·
ot the principal merchants. manufacturers. tain period of timo, while tn an ion tbere is no ex­
tradesmen, etc., of a city, for the purpose of press agreementj the guest. being OD his way, is­

furthering its commercial interesLs. encour· entertained from day to day. according to his bust.
Dess, upon an implied contraot. 2 E. D. Smith,
<lging the establishment of manufactures,
148.
promoting trade. securing or improving
shipping facilities, and generally advancing BOAT. A smaH open vessel, or waler.
the prosperity of the place as an ind ustrinl craft, usually moved by oars 01' rowing. It

and commercial commlll1ity. is commonly distinguished in law from a ship

In "England, one of the administrative de-­ or vessel, by being of smaller size and with.
partments of government, being a commiU,ee out a deck. 5 Mason, 120, 137.
of the privy council which is apPOinted for Boe. In Saxon law. .A. book or writing;
the conSi deration of matters relating to trade a deed or chart.er. Boc land. deed or char.
and foreign plantations. ter land. Land buc, a writing for convey­
The name of a ing lund; a deed or charter: a land·book.
BOARD OF WORKS.
board of officers appointed for the better IQcai BOC HORDE. A place where books,
management of the English metropolis. writings. or evidences were kept. Cowell.
They bav'3 the care and management of all
BOC LAND. In Saxon law. Allodial
groll Dds and gardens dedicnt.ed to the use ot
lands held by deed or other written evidence·
the inhabitants i n the metropolis; also the
of title.
superintendence of the drain<lge; also the
regulation of the street traffic. and. gE'neral. BOCERAS. Sax. A scribe, notary, or
Iy. of the buildings of the metropolis. chancellor among the Saxons.
Drown.
BODMERIE, BODEMERIE, BODDE­
BOARDER. One who. being the inhab­ MEREY. Belg. and Germ. Bottomry,
itant of a place, makes a special contrclct (g• •• )
with another person for food with or without BODY. A person. Used ot a natural
lodging. 7 Cu.b. 424; 36 Iowa, 65!. body, or of an artificial one created by law. as
Ono who has food and lodging in the house a corpuration.
or w i Lll the family of another for an 'lgreed 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 i ntroductory parts and
t Tex. App. 220; 7 Hob. (N. Y.) 56!. !ligDatures; in ailida'vits, from the title and
The distinction between 8 guest and a jurat.
boartler is this: The guest comes and re­ The main part of the buman body j the
mains wiLhout any bargain fOT time. and trunk. 22 N. Y. 149.
may go away when he pleases, paying onJy
BODY CORPORATE. A corporation.
fol' the actual entertainment he receives i and
the fact t.hat be may have remained a long BODY OF A COUNTY. A county at
time in the inn. in this way, does not make large. as distinguished trom 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

bouse is not i n common parlance. or in legal main and operative part; t.he substantive pro­
meaning. every private house where one or visions, as distinguished from the recit,�18...
D.J.ortl boarders are kept occasionally only and 1 title, jurat, etc.
 BODY OF LAWS 143 BONA FIDE PURCHASER

BODY OF LAWS. An organized and SY8- ignate all species of property, real, personal,
tematic collection of rules of jurisprudence; and mixed. but was more strictly applh:d to
88, particularly, t.he body of the civil Jaw, or real estate. In modern civil law, it includes
corpus juris civilis. both personal property (technically so called)
and chattels real. thus corresponding to
BODY POLITIC. A term npplied to a
the French biens. In the common law, its
corpomtiQD, which is usually designa�ed as a
II use was confined to the dsscription of mov­
"body corporate and politic.
able goods.
'l'he term is particularly appropriate to a
publir: corporation invested with po weI'S and
BONA CONFISCATA. Goods confis­
duties of government. It is often lIsed. in a
cated or forfeited to the imperial fisc or trens-
ratllar loose way. to designate the state o r na­
ury. 1 Bl. Comm. 299. C
tion or sovereign power. or the government
of a county or municipality, witilout disUncf... BONA ET CATALLA. Goods and chat­
ly connoting any express and individual cor­ tels. Movable property.
porate character. This expression includes all personal things

BOILARY. 'Water arising from a salt that belong to a man. 16 Mees. & W. 68. 0
well belonging to a person who is not the
owner of the soil.
BONA FELONUM. In English law.
Goods of felons; the goods of one convicted
BOIS, or BOYS. Wood; timber; brush. of felony. 5 Coke, 1l0.
E
BOLHAGIUM, or BOLDAGIUM. A
BONA FIDE. In or with good faith;
lillie house or cottage. Blount.
honestly. openly, and Si ncerely ; without de­
BOLT. The desertion by one or more ceit or fraud.
persons from the political party to which he Truly;
pretense.
actually; without simulation or
F
or they belong; the permanent withdrawal
before adjournment of a portion of the del� Innocently ; in the attitude of trust and
gates to a political convention. Rap. & L. confidence; without notice of fraud, etc.
'fbe phrase "bona ftde" is often used ambiguous-
BOLTING. In English practice. A term
formerly used i n the English inns of court.
ly; thus, the expression "0. bona fwe holder for
value" may either mean a holder for real value, as
G
but more p,n:ticularly at Gray's Inn, signify­ opposed t.o a holder for pretended value, or it ma.y
mean a. holder for real value without notice of any
ing the private arguing of cases, as distin­
fraud, etc. Byles, Bills, 121.
guished from mooting. which was a more
formal and public mode of argument. Cow­ Bona fide possessor facit fructus con.. H
ell; Tomlin! ; Holthouse. sumptos suos. By good faith a possessor
makes the fruits consumed bis own. Tray.
BOMBAY REGULATIONS. Regula­
Lat. Max. 57 .
tions passed for the presidency of Bombay.
llnd the territories subordinate thereto. They BONA FIDE PURCHASER. A pur­
were passed by the governors in council of chaser for a valuable consideration paid o r
Bombay untit the year 1834. when the power parted with i n the belief that the vendor had
of local legislation ceaseu, and the. acts rela� a right to sell. and without any suspicious
lng thereto were thenceforth passed by the circumstances to put him on inq ui ry . 12
governor general of India in council. Moz­ Barb. 605.
J
ley & Whitley. One who acta without covin, fraud, or col­

BON. Fr. In old French l aw . A royal lusion j one who. in the commission of or

order or cbeck on the treasury, invented by conni vance at no fraucI. pays fu 11 price for

li"rancis 1. Bon pour mille li'V1'es, good for tIle property. and in good faith, honestly. and
K
a thousand livres. Step. Lect. 387. in fair dealing b uys and goes into posses­

In modern law. The name of a clause

sion. 42 Ga. 250.
A bona fide purchaser is one who buys
(bon pour -- , good for so much) added
property of another without notice that some
to a cedula or promise, where it is not i n
the hand writing of the Signer, containing the
third person has a right to, or interest in, L
sueh property. and pays a full and fair price
amount of the sum wllich he obliges h i mself
for the same, at the time of sucb purchas�.
to pay. Poth. Obl. par' 4, ch. 1, art. 2, § 1.
or before he bas notice of the claim o r inter.
BONA. Goods; property ; possessions. est of sucb other in the property.
In the Roman law, this term was used to dr..s- 23)
65 llarb.
M
 BONA FIDES 144 BOND

BONA FIDES. Good faith ; I ntegrity I B O N A UTLAGATORUM. Goods of

of dea1ing; honesty; sincp.rity; the opp osi te outlaws; goods belonging to persons out-
of malaftdes and of dolus malus. hlwed.

Bono. fides exigit ut quod con venit B O N A V A C A N T I A. Vacant, nn.

flat. Good faith demands that what is clai med. or stray goods. Those thi ngs ill
agreed lIpon sh all be done. Dig. 19, 20, 21: w hich nobody claims a propert.y, and which
Id. 19, I, 50; Id. 50, 8. 2, 18. belong to the crown, by virtue of its prerog·
ative. 1 BI. COlllm. 298.
:Sona fides non patitur ut bis idem ex�
igatur. Good faith does not allow us to de­ BONA WAVIATA. In English law.
mand twice the payme n t of the same thing. \Vaived goods; goods st.olen and waived.
Dig. 50. 17, 57; Broom, Max. 888, note; 4 that is, thrown away by tbe thief in his
.Tohn •. Cil. 143. flight. for fear of being apprehended, or to
facilitate his esca.pe; and which go to th8
BON A FORISFACTA. Goods for­
sovereign. 5 Coke. 10gb .. 1 BI. Comm. 29u.
feited .
BONlE FIDEI. In the civil law. 01
B01"A FUGITIVORUM. In English
good faith ; in good faith. T his is a more
law. Goods of f ugitiv es ; the propel- goods
frequent form than bona fide.
of him who flies for fel
�;ny. 5 Coke, 10gb.
BONlE FIDEI CONTRACTS. In civil
BONA GESTURA. Good abearance or
and Scotch law. Those contracts ill which
behavior.
equity may i nterpose to correct inequal ities,
BONA GRATIA. In the Roman law. and to adj ust all matters according to the
By mutual consent ; vol un tarily. A term plain intention ot the parties. 1 Kames, Eq.
appl ied to a species of di v orce where lhe par­ 200.
ties separated oy m utual consent; or where
BON lE FIDEI EMPTOR. A purchas·
the parties renou nc ed their marital engage-­
er in good faith. One who either was igno­
ments without Hssiguing any cause, o r upon
rant that the thing he bough t belonged to an·
mere pretexts . Tayl. Ci vil Law, 361. 862;
other or supposed that the seller had a right
Calvin.
to sell it. Dig. 50. 16. 109. See Id. 6. 2, 7 .
B O N A M E M O R I A. Good memory. 11.
G enerally used in the phrase sana me'nUs et
BONlE FIDEI POSSESSOR. A pos·
bona memQria, of sound mind and good
se ssor in good faith . One who believ es that
memory, as descriptive of the mental capac­
no other person has a better right to the pos­
ity of a testator.
session than himself. Mackeld . Rom. Law,
B O N A MOBILIA. In tbe civil law. § 243.
Movables. Those th i ngs which move them­
selves or can be transported from one place
Bome fidei possessor in id tantum
to another, and not permanently attaclied to quod sese pervenerit tenetur. A possessor
in good faith is only liaule for that which he
R farm, h eritage, or building.
himself has obtained. 2 In!'t. 285.
BONA NOTABILIA. In English pro­
bate law. Notable goods; property worthy BONANZA. In mining parlance, the
wIdening o ut of a vein of silver, suddenly,
of notice. or ur l:lUlllcienL value to be accounted
for. that is, am ounting to £5. and extraordinarily; hence any sudden, un­

\Vhere a decedent l eaves goods of sulfici en t expected prosperity i n mining. 'Vebster.

amount (bona notabilia) in dif ferent dio­ A contract by specialty to pHy

BOND. a
ceses, admi n istration is gran ted by the metro­
certai n sum of mouey; bei ng a deed or instru­
politan. to p I event the confusion arising
ment under seal, by which the maker or ob­
'

from the appoin tment of many different ad­ ligor promises. a n d thereto binds h i mself,
ministrators. 2 HI. Comm. 509; Rolle, Abr.
bis beirs, executors, and administrators, to
908. pay a deSignated suw of money to anothel' i
BONA PATRIA. In the Scotch law. USUilUy with a clause to tbe effect that upon
An assize or jury of good neighbol'S. Bell. perfol'mlmce of a certai n condition (as to pay
another and smaller sum) the obligation shalt
BONA PERITURA. Goods of 8 per­
be void.
ishable nature; such goods as an executor or
The word "bond" shall embrace every written
tru�tee m ust llse diligence 1n di spus i ng of underr.aking for the payment of money or acknowl,
and COIl verting them into monel. ediment of being bound for money, conditioned
 BOND 145 BONITABIAN OWNERSHIl'
'" be void on the performance of nny duty. or the BONDAGE. Slavery; Involuntary per­
occurn
re ce of anything therein expressed, and sub- !!Ional servitude;capti vity. In old English
1Cl'1bed and delivered by the party making it, to
take effect sa his obligation, whether it be sealed
law, Villenage, villein tenure. 2 Bl. Corom.
or uDsealed ; and, when a bond is required by law , 92.
aD undertaking in writing witboutseal sball be 8'lf­
ficicnL. Rev. Code Miss. 1880, § 19.
BONDED WAREHOUSE. See WA.RE­
The word "boud" bas with us a definite legal HOUSE SYSTEM.
8
r ty ; one who has
signiJlcation. It has clause. with a sum fixed as
a penalty; binding tbe pnrties topsy tbe same, con­ BONDSMAN. A Bu e
ditioned, however, that the paymentor the penalty entered into a bond as sureLy. The word
may be avoided by the performance by some ODG seems Lo apply espt!cially to the sureti s upon
�
or more of the parties of certain acts. S Redt. Sur.
the bonds of officers. trustees, etc., while bail C
<69.
should be reserved for Lhe sureties on recog·
Bonds are eiLher single (simple) or double. nizances and bail·bonds.
( cond i ti on al . )
A s'ingle bond e in which the obligor
is on BONES GENTS. L. Fr. In old En-
binds himself, bis hei rs, 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 Eu ropea n
day. lnw. Good men; a n am e given in early
A double (or co n ditional) bond is one to
European ju rispr udence to the tenants of the
which a condition is added that if the obligo r lord, wbo j udged each oLher in the lord's E
does Of fo rb a rs from doing so me act the ob­
f'

ligation shaH be void. Formerly s u ch a can·

courts. 3 HI. Corum. i!49.

ditio n W<lS sometimes contained in a separate Boni judicis est ampliare j uris d iction­
Instrument, and was then called a "dafea· em. It is the part of a good judge to enlarge
Bance. " (or use liuerall y) his remedial authority or F
The term is Rlso used to denote debentures jurisdiction. Ch. Prec. 329 ; 1 Wile. �84..
or certificates of inde bted ness issued by p ulr Boni judicis est ampliare justitiam.
lie and p rivate corporations, governments , It is the duty of • good judge to enlarge or
and m unicipaliti es , as security for the repay·
extend just ice. 1 Burr. 304.
menL of money loaned to them. Thus, " rail� G
way aid bonds" are bonds issued by mu nici. Boni judicis est judicium sine dila­
pal corp ora tio ns to aid in the construction at 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 company's stock. cuted wiLhout delay. Co. Litt. 289.
l-f
BOND. In old Scotch law. o m an ; ex lite
A b nd-
Boni judicis est lites dirimere, ne lis

a ela ve. Skene. oritur, et interest reipublicre ut

is the
sint fines litium. It of a good
duty
dge to prevent liti gat io ns, that Buit may
BOND, tI. To give bond for . 88 for du.
ju

ties on goods; to secure p ayment of d uties ,

not grow out of suit, and it concerns the I
by giving bond. Bonded, secured by bond . welfare of a stale that an end be p ut to litia
Bonded goods are those for the duLies on gation. 4 Coke. lSbj 5 Col\:e, ala.
whicb bonds are given. BONIS CEDERE. In the civil law. To
make a transfer or su rrender of property, as J
BOND AND DISPO SITION IN SE­ a d btor did to bis creditors. Cod. 7, 71.
e
CURITY. In Scotch law. A bond and
mortgage on land. BONIS NON AMOVENDIS. A writ
addressed to the sberiff, wben a writ or error
BOND AND MORTGAGE. .A species bas been brought. comm anding that the per- K
of security. consie Li ng of a bond cond i tio ned. son against whom j dgment bas bee n Db-­
U
for the repayme nt of a loan of m oney, R11d a bdne<1 be not Buffered to remove bis goods
mortgage of realty to secure theperformance till the error be tried and determined. Reg.
of the stip u la tions of tbe bond. Orig. 131.
L
BOND CREDITOR_ .A creditor whose BONITARIAN OWNERSHIP. In
debt i. secured by a bond. Roman law. A species ot equiLable title to
things, as distinguished from a ti tla aCCJ.llired
BOND TENANTS. In Engl ish law . acc ord ing to the strict forms of the m u nici·
Copybolders and customary tenants are some­ pal la w ; the property of a Homan citizen in a M
times so called. 2 Bl. Comm. 148. SUbject capaule of quiritary property. acquired
.A..l.l DIOT.LA.W-1 0
 DO;'(O ET MALO 146 BOON DAYS

by a title not known to tbe civll law, but in� 1 su ch as df>murrer-bool,s. ernll'-books. p�pf'r­
trad uced by the pr<:etor, and protected by his books. etc .
imperi'um or supreme executive power , e. g.,
BOOK DEBT. In Pennsylvania prac­
where res manctpi had been transf6rred by
tice. The act of 28th March, 1835, § 2, In
me re tradition. Poste 's Gains lost. 187 See
using the words, "book debt" and "book en­
•

QUlRITARIAN OWNERSHIP.
tries, " refers to their lIsual Signification,
BONO ET MALO. A s peci al writ of which includes goods sold and dellvered, and
jail delivery, wh ich forme rl y issued of course work, labor, and services perform ed, the evi­
for each particular prisoner. 4 TIl. Comm. dence of wbich, on the part of the plaint iff'.
�70. consists of entries in an original hook. Bt1cb
as is competent to go to II jury, were the ie­
Bonum defendentis ex integra causa;
sue trying before them. 2 Mi les. 102.
malum ex quol ibet defectu. The snc­
cess of a derendant depends on a perfect case; BOOK OF ACTS. A ter m applied to
his loss arises from some defect. 11 Coke. the records of a surrogate's court. 8 East,
6Sa. 187.

Bonum necessarium extra terminos BOOK OF ADJOURNAL. In Scotcb

necessitatis non est bonum. A good la w . The original records or crim i naI trialJ

thing required by necessity is not good be­ in the court of j usticia ry.
yond the limits of such necessity. Hob. BOOK OF RATES. An account or
144. enumeration of the duties or tariffs autbor­

BONUS. A gratuity. A prem i um paid ized by parliament. 1 131. Comru. 316.

to a grantor or vendor. BOOK OF RESPONSES. I n Scotcb
A.n extra consideration giv e n for what is law. An account which the directors of the
receivt.'d. chancery kept to enter all non-entry and re­
Any prem i u m or advantage; an occasio nal lief duties paya�le by heirs who take precepts
extra dividend. from Chancery.
A prem i um paid by a company for a char­
BOOKLAND. In Engllsh law. Land,
ter or other fra nchises.
alsocalleJ " charter�land, " which was held by
"A de fi n i te Slim to be paid at one time,
deed under certain nmts and free serv ices,
for a loan of money fol' a specified period,
and differed in notuing from free socage land.
disLi nct from and independently of the i n ter­
2 Bl. Comm. 90.
est." 24 Conn. 147.
A bllnus is not 11 gift. oc gratuity, but 11 sum paid BOOKS. All the volumes which contaiD
tor services, or upon some other consideration, but authentic reports of decisions in English
in addition to or in excess ot th at whicb would or­
courts, from the earlies t times to the p resent,
dinarily be given. 16 Wall. �2.
are called, par excellence, II The Booka."
B o n u s judex secundum requum at Wharton.
bonum judicat, et requitatem stricto juri
BOOKS OF ACCOUNT. The book. 10
prrefert. A good Judge deddes accord j ng to
which merchants. traders, and business men
what Is just and good. and prefers equity to
generally keep their accounts.
'trict law. Co. Litt. 34.
BOOM. An inclosure formed upon the
BOOK. 1. A general designation applied surface of a stre<lm or other body of water,
�o any literary com pos it ion which is pri nted, by means of piers and a chain of spars. for
but appropriately to a pri nted composition the purpose of collecting or storing logs or
llound in a volume. timber.
2. A bo und volume con si!:l lin g of sheels ot
BOOM COMPANY. A companytorrned
paper, not printed, but conta ining ma.nu·
for the pu rpose of impro"ing streams for the
script entries; sucli as a merchant · s account­
tloati ng of l ogs , by means of boo ms and ath·
books, dockets of courts, etc.
er contrivances, and for the purpose or run.
3. A na me often given Lo the larges t suhdi­
Ding. driving, booming, and rafting logs.
visions of a treatise or other literary compo­
sition. BOON DAYS. In English law. Cer­
·1. 1 n practice, the name at " book" is g iven tain days i n the year ( sametim�s called "d ne
to several of the more imporlant papers pre-­ days ") on w hich tenants in copyhold were
pared in the progress of R ca use, thou gh en­ obliged to perform c orpornl services for the
tirely written, aTIlI not at aU in the book form; lord. Whishaw.
 BOOT 147 BOllOUGH

BOOT, or BOTE. An old Saxon word, BORDLODE. A serv ice anciently re­
v
equi alent to U estovers. " quired of tenants to carry timber out of the
woods of the lord to his house; or it is said
BOOTING, or BOTING, COllN. Cer·
to be the quantity of food or provIsion which
tain rent corn. anCiently so called. Cowell.
the bordarii or bordmen p aid for their bord­
la nds. Jacob.
BOOTY. Prop erty captured from tbe
en�niy in war. on land. as distinguished from BORDSERVICE. A ten u re of bordo
"prize. " which is a capture of such property la nds .
on the sea.
BOllEL·FOLK. Country people; derived
BORD. An old Saxon word, s ignifyin g a from the French bO'UT1'e, ( Lat. flocCU8,) a lock C
eottage ; a house ; B table . of wool, because they covered their heads with
such stuff. Blo u nt.
BOllDAGE. In old En glish law. A
eped es of base ten u re, by which cer�ain lands BOllG. In Saxon law. A pledge, pledge
(termed "bord lands , " ) were aDcien�ly held giver, or surety. The name given among D
in England, the te nants being termed " bol'­ the Saxons to the head of each fam ily com­
daTil ,- " the service was that of keep ing the posing a tUhing 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
BOllDAllII, or BORDIMANNI. In
BOllGBRICHE. A breach or violation
old English law. Tenants of 8 less servile
of suretyship. or of mutual Odelity. Jacob.
condition than the 'Dillani, who had a bard
or cottage. with a small parcel of land. al..
BOllGESMON. In Saxon law. Tban,me F
lowetI to t hem , on condition they should Sll� given to the head of each family com posi n g
ply the lord with poultry and eggs. and other a tithing .
small prov isions for his board or entertain..
ment. Spelman. BOllGH OF HAMHALD. In old Scotch
law. A pledge or surety given by the seller G
BORD·BllIGCH. In Saxon law. A of goods to the buyer. to make the goods
breach or viol at i on of suretyship; pledge­ forthcoming as his own proper goods, and to
breach. or breach of mutual Odelity.
warrant the same to him. Skene.

B O ll D E ll W A ll R ANT. A proce... BOllOUGH. In English law. A to wn, H

granted by a Judge ord inary. on either side • walled town. Co. Litt. 108b. A town ot
ot the border between England antI Scotland, note or importancf' ; a fOl'tiiled town. Cow-
for arresting the person or ell'ects ora person elL An ancient town. Litt. ]64. A cor·
liv ing on the oppos ite side, until he find secu­ porate town that is not a city . Cowell. .do
rity , judicio sisti. Bell "lncient town, corpo rate or not, that senus
burgesses to pUl'lillment. Co. Litt. l09a j 1
BOllDEREAU. In Frencb 1" w. A Dote
Bl. Corum. 1 14. 115. A city or other town
e numerating the purchases and sales which
sending burgesses to parlia men t. 1 Steph.
may have been made by a broker or stockw
broker. This name is also given to Lhe state­
Comm. 116.
local government.
A tow n or place organized for
J
mont giv en to a banker with bills for dis­
A parli ame u t:uy borough is a town which
count or coupons to receive. Arg. Fr. Mere.
returns one or more members to parliament.
Law, 547.
In Scotch law. A corporate hody erl"CL-
BORD·HALFPENNY. A customary ed by the cliarter of the sovereign, consisting K
small toll paid to the lord of a town for set­ of tile in hab itants of the territory erecLed i nto
ting up boards , tables. booLhs, etc •• in fairs tbe borough . Bell.
or markets. In American law. In Pennsylvania.,
the term denotes a part of 8 township having
BORDLANDS. The demesnes which the
a charter for mu nicipal purposes j and the
L
lords keep in their hands for the maintenance
same is true of Connecticut. 23 Conn. 128.
of their board or table. Cowell.
See. aiso. 1 Dill. Mun. Corp. § 41, n.
Also lands held in bordage. Lands which
"Borough JI and "village" are duplicate or cumu­
the lord gave to tenants on condition of their
supplyin g his table with small prov isions ,
lative names of tho same thing: proof of eithor M
wU1 sllstain a charge in an indictment emrloyini
pou ltry, eggs, eta. the other tel'm. 1S Ohio St.. 496.
 BOHOU(}H COURTS 148 BOTTOMRY

B OROUGH COURTS. In Engl i sh BOSCUS. Wood : growing wood of .n1

law. Pri vate and limited tribunals. held by kind. large or sma,lI, timber or coppic e. Cow­
prescrip tion , charter. or a ct of parlinme nt ,
in ell; Jacob.
particular districts for tbe con venience of the BOTE. Eu gli sh law. A recom­
In old
i nhabi tants , that they may prose cute small pense or comp ensation .
or profit o r advan­
suits and receive justi ce at home. tage. Also reparation or am end s for any
dam age done. Necessaries for the mainte­
B O R O U G H ENGLISH. A custom
na nce and carrying on of h usba ndry. An
prevalent in Borne parts of England . by
allowance; the ancient name for estovers.
wh i ch the you ngest son inherits the estate
House-bote is 0. sufficient a.llowa.nce of wood from
in preference to Ilis older brothers. 1 HI. ott the estate to repa.ir or burn in the house. and
Comm. 75. sometimes termed "fire-bote ; " ploW-bote and
cart-bote are wood to be employed in making and
BOROUGH FUND. ·In Engllsh law. repairing all instruments of husbandry ; and hay­
The revellues of a muniCipal boro llgh deri ved bote or hedge-bote is wood for repairing of
from the rents and prod uee of the land, hous �
hays. bedges, or feneos. The word also signifies
reparation for any damage or injury done. as 'I'l'Um,­
es, and stocks belonging to the b orough in
b ote, which was a compensation or amends for a
its corporate capacity, and supplemented
man sla.in, etc.
where necessary by a borough rate.
BOTELESS. In old En gl is h law. Wlth­
BOROUGH-HEADS. Borough-hOlders, Ollt amends; without the privilege of making
bors-Jlolders, or burs-holders. satisfaction for a crime by a pecuniary pay­
ment; without relief or remedy. Cowell.
BOROUGH· REEVE. The ch ief munci­
ipal officer in towns unincorp orated before BO'l'HA. In old English law. A booth,
the m unicipal corporations act� (5 & 6 Wm. s tall . or tent to stand in, in fairs or markets.
IV. c. 76.) Cowell.
BOTHAGIUM, or BOOTHAGE. Cus­
BOROUGH SESSIONS. Courts of lim­
tomary d ues paid to the lord of a ill�nor or
ited criminal jurisdiction, established in En­
soil, for the pitchi ng or standi ng of booths
glish boroughS uDd�r the m unicipal corpora·
i n fab's or market.s.
tions act.
BOTHNA, or BUTHNA. In old Scotch
BORROW. Th is word is often used in law. A park where cattle are i nc lose d and
the sense of retu ru i ng the thing bo rro wed
fed. Botbna also signifies a barony, lord­
in specie. as to borrow a book or any other
ship, etc. Skene.
thing to be retu rned agai n . But it is evid ent
that where money is bo rro wed. the identical BOTTOMAGE. L. Fr. Bottomry.
money loa n ed is n ot to be retu roed, because. BOTTOMRY. In maritime la w. A eon­
if this were 80, the borrow er would derive no tract in the na.ture of a mortgage, by which
benefit from the loan. In the broad senseof
the owner of a ship borrows money tor the
the term. it means a contract (or the use of
use, eqUipment. or repair of the v essel. and
money. 13 Neb . 88, 12 N. W. Rep. 812; 39 for a definite term. and pledges the ship
Leg. Iut. 98: 78 N. Y. 171. ( or the keel or bottom. of the ship. pars pro

B0 RROWE. In old Scotch law. A toto) as a se curity for its repaymeDt� with
pledge. maritime or extraordinary interest on ac­
count of the marine risks to be borne by the
BORROWER. Oue to whom money or lender; it bei ng stipulated that if the ship be
other property is loaned at his request. lost i n the course of the specified voyage. or
during the li m i te d time. by any of the peri lS
BORSHOLDER. In Sa xon law. The
enumerated in the contract� the lender shall
borough's ealder. or bend bo rough , supposed also lose his money. 2 Hagg. Adm. 48, 53:
to be the dlscreetest man i n the boro ugh. 2 Sum. 157.
town. or titbing. Bottomry is a contract by which a ship or
BOSCAGE. In Engl ish
law. The food its freightage is hypothecated as secn rity for
which wood und trees yield to cattle; browse­ s loan. which is to be repaid only in case the
wood, masL. etc. Spelma n. ship survives a particu lar risk. voyage, or
An ancient duty of wind-fallen wood in the periou . Civil Code Cal. § ·3017: Civil Cod.
forest. Man wood. Dak. § 1783.
When the loao Is not. made upon the ship, but- on
BOSCARIA. Wood-bouses, or ox·house&. t.be goods laden on board, and whl h are to be sold
c
 BOTTOMRY BOND 149 BO UNTY

or excbanged in tbe course of the voya.ge, the bor­
rower's personal responslb!Hty is deemed the prin­
cipal security for the performanoe of the contract,
which Is therefore called "1'espondenNa. I> which
see. And in a loan upon respondcntla the lender
must be paid hiB principal and interest though tbe
ship perish, provided the goods are saved. In
most other respects the contracts of bottom'l'l/'and
oiresJ)nndenliu stand substantially upOn the same
footing. Bouvier.
BOTTOMRY BOND. The instrument
embodyi ng the contract or agreement of bot­
toOlry�
'I'ho true definition of a bottomry bond, In tbe
scnse ot tho general maritime law, and independ­
ent of the peculiar regulations of the positive
codes of difforent commercial nations, is that it is
8. contract for a loan of money on the bottom of
the ship. at an extraordinary interest. UpOD ma.ri­
time risks, l() be borne by the lender for a voyage,
or for a definite period. 2 Sum. 157.
Fr . The mouth. An allow­
BOUCHE.
ance of provision . AVoi'r bouche a court�· to
11ft va an allow ance at court; to be i n oruinary
at court, to Imve meat and drink scot-free
there. Blount.; Cowell.
BOUCHE OF COURT, or BUDGE OF
COURT. A celtaiu allowance of provision
from the king to his knights and serv,mts,
who attended him on any military expedi­
tion.
BOUGH OF A TREE. In feudal law.
A symbol which gave ceisin of land, to hold
of the donor in capite.
BOUND. .A8 an adjecttfJtl, denotes the
c.ondition of being constrained by the obli.
gations of a bond or a co ve n ant. In the
law of shipping, IIbound to" or " bound for"
denotes that the vessel spoken of is intended
or designed to make the voyage to the place
named.
As a noun, the term denotes a l im it or
boundary, or a line inclosing or marking off
a tract of Janel. In the familillr phrase
" metes and bounds, " the formElr term prop­ C
erly denotE'S the meas u red distances, and the
latter thE' natural or artificial marks which
indicate their beginni11g and ending. A dis­
tinction is sometimes taken between "bound" 0
an d " boundary," to the effect that. while the
former signifies the lim it itself. (and may be
an imagi nary line. ) the latter designates a
visible mark which indicates the limit. But
no such llistinction is commonly observed .
E
BOUND BAILIFFS. In English law.
Sheriffs' officers are so called, from their be-
ing usually bound to the sherif! in a n obli­
gation with Bureties. for the due execution
of their office. 1 BI. Comm. 345. 346.
F
BOUNDARY. By boundary is under­
stood. in general. every separation, natural
or artificial, which marks thR confines or line
of division of two contig uous estates . Trees
G
or hedges may be planted, ditches may be
dug. walls or inclosures may be erect.ed, to"
serve as boundades. But w e most usuaUy

BOUGHT AND SOLD NOTES. When understand by boundaries stones or pieces of

H
a broker Is employed to buy and sell goods, wood inserted in the earth on the confines of

he is accustomed to give to the buyer a note the two estates. Civil Code La. a rt. 826.
of the sale, commonly caBed a "sold note," Boundaries are either natuml or artiricial.

and to the seller a like note, commonly Of the former kind are water-courses, grow­
called a "bought note," in hi� own name, ing trees, beds of rock, and the lil<e. Artifi­
as agent of cncll, and thereby they are re­ cial bdunciaries are landmarks or signs erect­
spectively bound, if h e has 110t exceeded hiB ed by the hand of man, 8S a pole, stake, pile
au thority. Story, Ag. § 28. of stones, etc.

BOULEVARD. The word "boulevard,"

BOUNDED TREE. A tree marking or J
standing at the corner of a field or estate.
which or i ginally indicated a bu l wark or ram­
part, and was afterwards appl ied to a pub­ BOUNDERS. In American law. Visi-
lic walk or road on the site of a demol ished ble marks or objE'cts at tbe ends of the lines
fortification. is now employed in the same drawn in s u rveys of land, showing the K
Bense as publi c drive. .A. park is a piece cou rses and distances. Burrill.
of ground adapted and set apart for pur­
BOUNDS. In the English law of mines,
poses of ornament, exercise, and am usement.
the trespass committed by a person who ex­
It is not a street or road, though {!arriages
cavates minerals under-ground beyond the
may pass through it.
boundary ot his land is called " working out L
So a bo u levard or public drive Is adapted
of bounds. JJ
and 8et apart for PiJrposes of ornament, ex­
ercise, and amusement. It is not technically BOUNTY. A gratuity, or an unusual or
a st.reet, avenue, or highway, though a car­ additional benefit conferred upon. or com-
riage- way over it is a chief feature. 52 pensat.ion paid to, a class of persons. M
How. Pro 445. A premium given or offered to induce men
 llOUN'Il.'" 150 BRA�DlNG

to enlist into th e public service. The term BOUWERYE. Dutch. In old New York
is to the payme nt made to the law. A farm; a farm on which the farmor'a
applicable o n ly
enlisted man, as th e inducement for his serv­ family resided.
ice. and not to a premium paid to the man
BOUWMEESTER. Dutcb. I n old New
through whose intervention. and by whose
York law. A farmer.
proc u reme n t, the recruit is obtained and
mustered . 39 lIow. Pro 488. BOVATA TERRlE. As much land ...
It. is not easy to discriminnte between bonnty, one ox can cultivate. Said by some to be
reward. and bonus. 'l'he former is the appropriate thirteen, by o t h ers elgbteC:!Il, acres in extent.
term, however, where the services or action of �kene; Spel man ; Co. Litt. 5a.
many persons are desired, and each who nets upon
tbe offer may entitle himself to the promised gra­ BOW-BEARER. An under·officer at
tuity, without prejudice fl'om or to the claims or
the forest, whose iluty it i s to oversee and
others ; wbile re wnrd is morc proper in the case
or a single service, which can be only once per­
true inq uisiti o n make, as well of sworn men
fOfmed, and therefore will be earned only by the as uns worn, in every bai liwick of the forest;
perSOD or co-cperating persons who succeed while and of all manller of trespasses done, either
others fail. Thus, bounties are offered to all who to vert or venison, and cause them to ue pre­
wiU onlist in the army or navy ; to all who will
sented, wit.hout any concealment, in the nex t
engage in cerUlin fisheries which government de­
sire to encourage i to all who kill dangerous beasts court of attachment� etc. Cramp Jur. 201.
• .

or noxious creatures. A reward is offered for res.

cuing a. pereon from a wreck or fire ; for detecting
B O W YE R S . Manufacturers of bows
and arresting an offender; for finding a lost cha� and shafts. An ancient company of the ciLy
tel. of Londo n.
Bonus, as compared with bounty, suggests the
Idea of a gratuity to induce a money tra.nsaction EOYCOTT. In criminal law. A can·
between individualsj a percentage or gift, upon a spiracy
formed and intended directly or in­
loan Ill' transfer of property, or B surrender of a
directly to p re ven t th� ca rrying on of any
rigbt. Abbott-
lawful business, or to inj ure the business of
BOUNTY LAND S. Portions of tbe any on e by wrongfully preventing those who
public I)omain given to soldiers for military would be custom ers from buying anything
services. by way of bou nty. from o r employi ng the representati ves of said
business, by throats, intimidation, or other
BOUNTY OF QUEEN ANNE. A
forcible means. 11 Va. Law J. 329.
name given to a royal ch arte r, which was
confirmed by 2 Anne. c. 11. whereby all the BOZERO. In Spanish law . An advcr
revenue of first-fruits and tenths was vested cate; on e who p lead s the causes- ot others, or
in trustees, to form a perpetu<ll fund for the his own. before courts ot justice, eith er 88
augmentation of poor ecclesiastical livings. plaintiff or defendant.
'Vhal'ton. BRACHIUM MARIS. An arm of tbe
BOURG. In old French law. An as- sea.
aemiJlage of houscs surrounded with walls; BRACINUM. A brewing; tbe whole
a fortifjed town or village. quantity at ale brewed at one time, for wbich
In old English law. .A borough. a vii· tolsestor was p a id in aome manoTS. Brecina.
lage. a brew-h ouse.
BOURGEOIS. In old Frencb law. The BRAHMIN, BRAHMAN, or BRA­
inhabitant of a bourg, (q. ti. ) MIN. In Hindu law. .A divine; a priest;
A person entitled to the pri vil eges of a mu­ the first Hindu caste.
n i cipal corporation ; a bu rgess.
BRANCH. A branch of a famIly ,tock
BOURSE. Fr. An exchange; a stock­ is a group of persons, related among them­
exchange. selves by descent from a common ancestor,
and related to the main stock by the fact that
BOURSE DE COMMERCE. In tbe
that common Rn�estor descends from the
French law. An aggregation, sanctioned by
origin al founiler or pl'ogenitor.
governme n t, of merchants. captai ns of ves­
,,'ls, excha nge agents , a nd c o u rti ers, the BRAND. To stamp; to mark, either witb
two l",Lter being nominated by the govern­ a bot iron or with a stencil plate. 11 Hu n,
ment, in each city wh ich has a bom'se. Brown. sn.
BOUSSOLE. In French marine law. A BRANDING. An a.ncient !Docle ot PUIl­
compass; the mariner's compass. ishment by inflicting a mark on an offender
 B llANKS
with 8 hot iron . It is generally disllsed i n
oi "U Inw . bllt is a recognized punishm ent for
80me military o ffenses .
BRANKS. An instrument formerly used
In some parts of England for t he correction
of scolds ; a scold i ng Lridle. It inclosed th e
head and a sbarp piece of iron entered the
mouth and restrained the tongue .
BRASIATOR. A m altster. a brewer.
BRASIUM. Mal t.
BRAWL. The popular meanings of the
words Ilbraw]s" and " tu m u lts " are substan­
tially t he same and identi<.'al. They afe COf
relaLive terms. the o ne employed to express
the mealling 'of Lhe other. and are so defi ned
by app roved lexicographers . Legally. tht!y
mean the Bame kind of disturbance to the
public peace, produced by the same class of
agents. and cnn be well comprehended to de­
fine ODe and the same offense. 42 N. H. 464.
Brawling is quarrelli ng or chiding, or creat
ing 8 disturbance. in a cburch. or church­
yard. (4 B l . Comm. 146 ; 4 Steph . Comlll.
253.) Mozley & Whitley.
BREACH. The breaking or violati ng ot
I la w . right, or duty, either by commission
or omission.
In contracts. The violation or non-ful·
filrnent of an obligation, contract. or duty.
A continuing breach occurs where the
.tate of affairs, or the specific act, constitut­
ing the breach, endures for a considerable
pet';od of time. or is repeated at short inter­
vals .
A constructive breach of contract takes
place when the party bound to perform dis­
ables hi mself trom performance by some act,
or dec1arefl. before the time comes, that he
will not perform.
In pleading. T hi s name is sometimes
gIven to that part of the declaration which
<l11eges the violation of the defendant's prom­
ise or duty, imm ediately preceding the ad
damnum clause.
BREACH OF CLOSE. The unlawful
or u nwarrantable ent.ry on another person's
soil, land. or close . 3 Bi. Comru. 209.
BREACH OF COVENANT. Tbe non­
performance ot any c ovenant agreed to be
performed. or the doin g of any acL covenant­
ed not to be done. Holth ouse.
BREACH OF DUTY. In a general
sense. Rny violation or omission of a legal or
moral duty. More particulnrly. the neglect.
01' fail u re to fulfill in a just and prop e l' man-
151 BREAD ACTS
ner the duties ot an office or fiducir..ry ern·
ployment.
BREACH OF POUND. The breaking
:my pou nd or place w h er e cattle 01' goods dis­
trained are de posi ted. i n order to take them
back. 3 BI. Comlll. 146.
BREACH OF PRISON. The o lIe ns e of
actually and forcibly breaking a prifloll or
gaOl, with intent to escap e. 4 Chit. 131. 130.
notesi 4 Staph. Camm. 255. The escape C
from custody of a person la \VfllUy arrested
on criminal process .
­ BREACH OF PRIVILEGE. An act
or defau lt in violatio n of tbe pri vilege oC D
either hOllse of parliament, of congress, or of
a state legislature.
BREACH OF PROMISE. Violation of
a promise ; chiefly used 8S an ellipt ica l ex-
E
preSSion for "breach of promise of marriage . "
­
BREACH O F THE PEACE. A viola­
tion of the public tr:lnqnillity and order. The
offense of break ing or disturbing the pubi ic
peace by any riotolls, forcible, or unlawful
F
proceedi ng. 4 HI. Cumm. 142, et seq. i 4.
Steph . Comm. 273. et seq.
A const1'ucti'cB bre�lCh of Lbe peace is an
unlawful act wbich. though wanti ng th e ele- G
ments of nctual violence or i nj ury to any
person , is yet in consis t ent with the peace able
and orderly conduct of society. Various
kinds of Illlsdemeanors are included in this
general designation. such as sending chal­ �I
lenges to oght. going armed in public w i th.
out Inwful reas on and in a threat eni ng man.
ner, etc.
An apprehended breach of t he peace ia
ca us ed by the conduct of a m an who lhreat­
en::! anotber with violence or physical injury,
or who goes about in public with daIlg�rous
and unusual weapons in a threatening or
alarming manner, or who publishes an ag- J
gravated libel upon another, etc .
BREACH OF TRUST. Any act done
by a tl'IHJ tee cont I'<lI'y to the terms of his
trust, or in excess of his authority and to tbe K
d etr i ment of the trust; or the wrongful omis­
s ion by a trus t ee of any act required of him
by the terms of the trust.
Also the wrongful misappropriation by a
truste e of any'fund or property which had L
been lawfully committed to him i n a fid uciary
character.
BREAD ACTS. Laws prOViding for the
sustenance of persons kept io prison tor M
debt.
 BREAKING 152 BREVE

BREAKING. Forcibly separating, part­ posed tor detaulta in the &Ssis. of bread.
ing, disintegrating, or piercing any solid sub­ Cowell.
stance. I n the law as to housebrealdng and
BREHON. In old Irish law. A judge.
bu rglary, it means Lhe tearing away or re­
1 Bl. Comm. IOO. Brehon_, (br,itheamhuin,)
moval of any part of a house or of tile locks,
judges.
latches. or other fasteni ngs inten ded to secure
it, or otherwise tlxerting force 'to gain an en­
BREHON LAW. The name given to
lrance. with the intent to commit a felony;
the ancient system of law of Ireland as it e&­
or violently or forcH.lly breaking Ollt of a
isted at the time of its conq uest by Henry 11. i
house. after having nnla�fully entered it, i n and derived from the tit.1e of the j udges, who
the attempt to escape. were denomi nated "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 feed tllcir
their views of a case, i n order to ascertai n
lords' bounds.
how far they are agreed , and as preliminary
to the formal deIivery of theil'opinions. " \Ve BREPHOTROPHI. In tbe civil law.
are bl'ecd dng the case, that we may show Persons appointed to take care of houses de:t­
what is in doubt with any of us." Holt, C. tined to receive foundlings.
J . , addressing Dolbin, J., 1 Sllow. 423.
BRETHREN. This word. in a will. may
DREAKING BULK. The offense com­
include sisters. as well as brothel'S. of the
mitted by a bailee (pa.rticnlarly a carrier) in
person indicated; it is not necessarily limited
opening or unpacking the che�t, parcel. or
to the masculine gender. 1 Rich. Eq. 78.
caSe containing goods intrusted to his care,
and removing the goods and converting tbem BRETTS AND SCOTTS, LAWS OF
to his own use. THE. A code or system of la ws in use
BREAKING DOORS. Forcibly remov­ among the Celtic tribes of Scotland down to

ing the fastenings of a house. so that a per­ the beginning of the fourteenth century, and
sall may enter. then abolished by Ed ward I. of England.

BREAKING JAIL. The act of a pris­ BRETTWALDA. In Saxon law. Tbe

oner in effecting bis escape from a place of
lawful confinement. Escape, while denot­
ing the offense of the prisoner i n unlaWfully
leavillg the jail. JUay also connote the fault
or negligence of the sheriff or keeper, and
hence is of wider significance than " break­
ing jail" or "prison-breach."
•
ruler of the Saxon heptarchy.
BREVE. L. Lat. A writ. An original
writ. A writ or precept of the king iSSUing
out of his courts.
A writ by which a person is s u mmoned or
attaclled to answer an action, complaint. etc.,

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 " bnoe," from the brevity of it.
mitted by an arrestee who disregards the ar­
and is addressed either to the defendant him­
restment used in bis bands. and pays the s u m
self, or to the chancellors, judges, sheriffs,
or delivers the goods arrested to the debtor.
or other omcers. Skene.
The brt'aker is liable to tile arrester in dam­
ages. See ARRESTMENT. BREVE DE RECTO. A writ of right,

BREAST OF THE COURT. A meta­ or license for a person ejected out of an es­
phorical expression. signifying the conscience, tate, to sue for the possession of it.

discretion, or recollection of the judge. Dur­

BREVE INNOMINATUM. A. writ
ing the term of a court. the record is said to
maldng only a general complaint, without
remain "in the breast of the judges of the
the details or parLiculars of the cause of �
court and in their remembrance. " Co. Litt.
tion.
260&.; 3 Bl. Comm. 407.
Breve ita dicitur, quia rem de qua
BREATH. In medical jurisprudence.
agitur, et intentionem petentis, paucia
The air expelled from the lungs at each ex­
verbis breviter enarrat. A writ is 80
pira tion.
called because it briefly states . in few words,
BREDWITE. In Saxon and old English the matter in dispute, and the object of the
law. A fi ne, penalty, or amercement im� party seeking relief. 2 Inst. 39.
 BREVE 153 BREWER

Breve judic1ale debet sequi anum orig­ BREVIA FORMATA. Cert.,ln writs of
male, et accesBorium auum principals. approved and establish ed form which were
Jenk. Cent. 292. A j u dicial writ ou ght to gra nted of course in actions to wliicb tIley
follow its original, and an accedsoly its prin­ were appl icable, and which could not be
cipal. changed but by con sen t of the great council
of tbe realm. Bract. fo!. 413b.
Breve judic iale non cadit pro defectu
forrore. Jenk. Cent. 43. A judicial writ BREVIA JUDICIALIA. Judicial writs.
fails not througb defect of form. Auxiliary writs issued from the court dur­
ing the progress of an action, or i n aid of
BREVE NOMINATUM. A named
writ:. A writ stati ng the circumstances o r
the j Udgmen t.
C
details of the cause of action. with th e time. BREVIA MAGISTRALIA. Writs oc­
place. and dema nd. very partic ula rly. casio nally issued by the masters or clerks of
ch an cery , the form of which wa!'l varied to
BREVE
writ; a writ
ORIGINALE. An
which gave o1'igin and com­
original
suit the circumstances of eacb case. Bract. 0
fol. 4l3b.
mencement to a suit.
BREVIA SELECTA. Choice or select-
BREVE PERQUIRERE. To pu rchase
ed writs or processes. Often 8bbrevi8t�d to
a wri t or lic ens e of trial, in the k in g's courts.
Brev. Sel.
E
by the p lainti ff, qut bre'Oe perquisivit.
Brevia, tam origin alia. quem judicialia,
BREVE TESTATUM.
orandum introuuced to perpetuate the tenor
A written mem­
patiuntur An glica nomina. 10 Cok e. 132.
Writs, as well o riginal as j udici al, bear En­
of the conveyance and investitu re of land s.
glish names.
2 m Com m . 307.
In Scotch law. A s imilar memorandum BREVIA TESTATA. The name ot the
F
made out at the time of the transfer, attes ted sh ort me mo randa ea rly used to show grants
by the pa'res curia: and by the seal of the su­ o f lands, out of which the deeds now in u se
pe rior. 13ell. have grown. Jacob.

BREVET. In military law. A com­ BREVIARIUM ALARICI:ANUM. A G

mission by which an officel' is promoted to compiiatioIl: of Roman law made by order of
the next hi gher rank, but without confer­ Alal'ic II., king ot the Vis igoths . in Spain,
ring a right to a corre spondi ng increase of and publ isb ed for the use of his Homan sub-
pay. jects in the year 506. H
In French law. A privilege or warrant
gran t ed by the govern men t to a private per­ BREVIARIUM ANIANI. An other
Ball, authorizing h i m to take a special bene­ name for the Brevarium Alaricianum, (g. '0.)
fit or exercise an e xclu s i ve privilege. Thus Ani an was the referendary or chancellor ot
a b1'Bvet d'inven,tion is a patent. for an inven­ Al aric, and was commanded by the latter to
authenticate, by bis Sign atu re , the copies o f
I
tion.
the bre viary sent to the comites. Mackeld.
BREVIA. Lat. Writs. The plu ral of
Rom. Law. § 68.
breve, Yo' h ich gee.

BREVIA ADVERSARIA. Advers ary

BREVIATE.
epitome, or abst ract.
A bri ef ; brief statem ent ,
A sbort statement of
J
writsj writs bro u ght by an adversury to re­
contents, accompanying a bill in parlia.­
cover land. 6 Coke, 67. ment. lIol tho use .
BREVIA AMICABILIA. Amicable or
BREVIBUS ET ROTULIS LIBER- K
friendly writs; writs brought by agreement
ANDIS. A writ or mandate to a sheriff to
or conseut of the parti es .
deliver to his successor the county, and ap­
BREVIA ANTICIPANTIA. At com­ purtenances, \'" it h the rolls, briefs, remem­
mOil Ja \.... . Anticipating or preventi ve writs. brance, and all other thi ngs belonging to his
Six were includt:d in this category, viz.; Writ office. Reg. Orig. 295. l
of mesne; wan'antia cha1·ta: ; m01l,strave­
BREWER. One who manu factures fer­
'''I.m t ; a'Uclita querela; curia claudenda ; and
mented liqu ors of any name or description,
UIJ i'l1j1lste ?;exes.
for sale, fJOm malt, wholly or i n part, or
BREVIA DE CURSU. Writs of conrse. from any s ubstit ute therefor. Act July 13. M
Formal writs issu in g as of co urse. 1866. § 9. (14 St. at Large. l J 7.)
 BRIBE 154 BRIEF

BRIBE. Any valuable thing gi ven or BRIBOUR. One tha t pilfers olher men s
prom is ed , or any p refe rmp nL . advantage. goods ; a thief.
pr ivilege , or em ol u men t , given or pro m ised BRICOLIS. An en gin e by whicb wa.l1,
corruptly and agai nst the law, as an induce­
were beate n dow n . Blo u n t.
ment to any person act i n g in an offi cial vr
p ubl ic capacity to v iolat e or fOl'uear from h is BRIDEWELL. In England. .A. house
duLy. or to in�p ropeJ'ly influence bis behavior of corr ection.
i n the perf orma nce of such d uty . BRIDGE. A structu re erected over a
The term H bdbe " si g ni fi es any money, ri v er. creel" st rea m , ditch, ravine, or other
goous. rigllt in action. property. t hi n g of place, to facili tate the passaga thereof ; in·
value. or advantage. present Of prospective, e l ud i n g by the term uoth arches and ahul.
or any prom is e 01' undertaking to give any, m en ts . 40 N. J. Law, 305.
asked. gi ve n , or accepted, with a cor rupt i n ­ .A u uildi n g of stone or wood erected across
ten t to in fi u ence u n lawfu lly the person to a rivel', for the common ease a nd benefit ot
whom it i s giv en . i n his action, vote, or travelers. Jacob.
o p in ion , in any p u b li c or official capacity . Bridges Rre either public or priv ate. Pub·
Pen. Code Dak. § 774. lie brid ges are snch as form a part of the high·
BRIBERY. In criminal law. The re­ way, comm on , according La their character as
cei v in g or offerin g any undue reward by or foot, horse. or carri H gc b ri dges , to the public
to any person w homsoevp r. w hose ol'd i n ary general ly, with or wi thout toll. 2 East. 342.
p rofession 01' b u sin ess relates to the admin· A pr i vate bridge is one erected by one or
islration of publ ic j usti ce. ill order to inHn­ more p ri v ate persons for their own use and
eoce lIis behavior in office. and to incline him con ve nience.
to act. contrnry to bis duty and the known BRIDGE-MASTERS. Penon. chosen
rules of honest.y and i ntegrity. 1 Ru ss . by the citizens, to have the care and super­
Crime,. 154; 1 HaWk. P. C. 414; 3 Co. l nst . vis ion of bridges. and having certain fees
149; 29 Ark. 302. and profits belonging to their office, as in the
Tho �rm "bribery " now extends further, a.nd case of Lon do n Bridge.
includes the offense at giving a. bribe to ma.ny
other classes of omears; it applies both to the BRIDLE ROAD. In the location of a
actor and receiver. nnd extends to voters, cabinet pr ivat e way laid ou t by lhe sel ect m e n , and
ministers, legislators, sberilfs. and other classes.
accepted by the town, a description of it as a
2 Wha.rt. Crim. Law, § 1858.
" br id le road" does not con fi ne the right of
The offe nse of t akin g any undue reward
way to a particular class of an imals or special
by a ju dge . j uror. 01' other person concerned mode of lise. 16 Gray. 175.
in tlu.>, adm in is tration of justice. or by a pub·
lie offi cer , to i nfl u ence his behavior in his BRIEF. In generaL A written doeu­
office. 4 Bl. Comm. 139, and note. m�n t ; a letter; a writi n g in the form of 8
B ribery is the giv i ng o r recei vin g any un­ letter. A s um m H ry . abstract, or epitom e . A
due r e w ard to i n O uenc e the bebavior of the condensed statemon t of som e larget· docu
pers o n r ecei vin g s u ch re ward in th e dis charge m ent , or of a series of papers, facts, or prop­
or his d u ty, in any omceo! go ver n me n t or at ositions.
j ustice. COOe Ga. 1882. § 4469. An epi tom e or condensed sum mary at the
The crime of offering allY undue reward or re­ facts and circumstances. or propositions ot
muneration to any public officor of the crown, or law, cons titutiJlg t be case proposed to b e set
other person intrusted with a publio duty, with a. up by eitber par ty to an action about to be
view to in.Huence his behavior in the discharge of
tri ed or argued .
his duty. Tbe taking such reward is as muoh
oribol'y as the oltering it. It a.lso sometimes signi. In English practice. A document pre·
fies tbe taking or giving a reward for publiooflice. p ared by the a t.torney, and given t o the bar­
The 01lense is not confined, as some have supposed,
rister, befor e the trial of a cause, for the in·
to judioial o.fl1oers. Browll.
structi on and gu i dance of the latter. It con­
BRIBERY AT ELECTIONS. The of· tains. i n general, all the information neces·
tense committed by one who gi ves or pr om­ Bary to en able t h e barrister to s ucce ssfully
ises or offel'8 money or any valuable ind uce­ conduct their client's case in court, sucll as a

ment to a.n elec tor, i n order to f.:or ruptly
induce the latter to vote in a partit: ll iar way
or to abstai n from voting, or as a reward to
the voter for hav i n g voted in a pa.rticula.r
way or abstained from voting,
statement of tho facts. a sum mary of the
plendi n g<i , the names of the wit ne sses, and
an o utl ine of th e evIdence expected from
t.hem. and <\Dy s uggestions arising out of t.he
I peculiarities of the case.
 BRlEF 155 BROKER

In Am eri can practice. A written or BRIS. In French m aritim e law. Liter­

printed dOCllment, prepaJ'ed by coullsel to ally, brcfLldng; wreck. Distinguished frum
serve as the basis for an argument upon a nau/'rage, (g. 0.)
cause in an appellate court, nnd us u al ly filed
BRISTOL BARGAIN. In En�lish law.
for the information of the court. It embod­
A conlnwt. by w hich A. lends n. £ 1 , 0(1) on
ies the points of law whic:h the counsel de­
good security. amI it is agreed that £500. to­
!lires t08Rtablisb, together with the argum ents '
gether witll interest, shall be paid at a lime
and authorities upon which he rests hIs con­
stated; and. as to the other £500, t hat B . , in
'Wntion.
consid eration thereof, shall pay to A. £100
A brief, within rule of court requiring counsel
1\
to furnish bl'ie!s. before l�rgumcDt. implies some per annum for seven years. Wharton. C
kind of statement of the case for the information
of the court. 43 Ind. 850. BRITISH COLUMBIA. The terri lory
on the north-west coast of North Amerira,
In Scotch law. Brie f is used in the
once k no w n by tbe desi gnatio n of " Ne w CaJ­
Sense of " w rit . " ilod this seems to be the
sense in w h ich Lhe word is used in very many
edonia." Its govern m ent is prov ided for uy D
21 & 22 Vict . c. 99. Vancouver Island is
of the ancient writers.
united to it by the 29 & 30 Viet. c. 67. See
In ecclesiastical law. A papal rescript
88 & 34 Viet. e. 66.
sealed with wax. See BULL.

BRIEF A L'EVESQUE.
BROCAGE. The wages, commission, or E
to the A writ
pay of a broker, (also called "brokerage. " )
bishop which, in quare impedU, shal l go to
Also the avocati on or busi ness of a broker.
remove an incumbent, unless he recover or
be presen ted pendente lite. 1 Reb. 386. BROCARIUS, BROCATOR. In ol d
English and Scotch la w. .A. broker; a mid- F
BRIEF OF TITLE. In practico. A
dleman bet.ween buyer and seller ; the agent
methodical epitome of all the patents, convey­
of both transactin g parties . Bel l : Cowell .
..) anees, incllmbrances. liens, court proceed·
; lngs, amI other matters affecting the ti tle to BROCELLA. In old English law. A
• a certain portion of real estate. wood, a t h icket or covert of bushes and brush- G
..
wood . Cowell; Blount.
• BRIEF OUT OF THE CHANCERY.
;g 1n Scotch law. A writ issued in the name of BROKEN STOWAGE. In maritime
the sover eign in the
election of tutors to law. 'l' hat space in aship which is not filled
minors, Lhe cognoscing of lunatics or of by her cargo.
idiot!!, and the ascertain i ng the widow's H
BROKER. An agent employed to m ake
terce; and sometimes in dividing the proper­
bargain s and contracts between other per­
ty belon gi n g to heirs·portiont:rs. In these
sons. in matters of trad e. commerce, or nav­
cases o nly brieves are no,,' in use. Dell.
igation, for a co mpensation commonly called
BRIEF, PAPAL. In ecclesiastical l a w. "brokerage." Story, Ag. § 28. I
The pope's letter upon watters of discipline. Those who are engaged for others i n the
negotiation of contracts relati ve to property.
BRIEVE. ;>In Scotch law . .A. wr it. 1
with the custody of which they have no con-
Kames, Eq. 146.
cern . Paley, Prin. & Ag. 13.
The broker or intennedim'Y is he wh o is
J
BRIGA. In old Eu ropean law. Strife.
contention, litigati on , cOllt.roversy. employed to negotiate a matter bet ween two
p�rtiesf and who, for that reason, is cons id ­
BRIGANDINE . A coat of lUail or an­ ered as the m andatary of both. Ci vil Code
ci ent armour, con sistin g of numerous jOinted La. art. 3016. I(
Bcale-like plates, very pliant and easy for the One whose business is to negotiate pu {'­
body, mentioned in 4 & 5 P. & M. c. 2. chases or sales of stocks , exchange, bullion,
coined m oney, bank-notes, promissory notes,
BRIGBOTE. In Sn.x on and old English
or other securHie8, for himself or for oUlsrs.
law. A tribute or cout l'ilJ ution towards the
repairing of br idges.
O rdinarily, the term " broker" is applied to l
one acting for others ; but the pa rt o( the
BRINGING MONEY INTO COURT. definition which speaks of purchases and
'l'be act of depositing m oney i n the custody sales for himsel[ is equal ly important as that
W bicb spe aks of sales and purcbasl::s for oLlt-
-of a court or of it,s clerk or marshal, for the
purpose of sati sfyin g a d('bt or duty. or to ers. 91 U. S. 710.
M
await the result of an interpleader. A broker is & mere negotiator between
 BROKER 156 BUBBLE AOT

Hther parties. and does not Bet In bls own
name, but i n the name of those who employ
him. 50 Ind. 234.
Brokers are persons whose business it is
to uring buyer and seller together; they need
have nothing to do with negotiating the bare
gain. 68 Pa. St. 42.
The difference botween a factor or commission
merchant and a broker is this : A factor may buy
and seU in bis own name, aud he hns the goods in
his possession ; while a broker, as such, cannot or·
dinarily buy or sell in his own name, Qud has no
possession of the goods Bold. 23 Watl. 321, 880.
The legal distinction between a broker and a
faotor is thnt the factor Is tnil'usted with the prop­
arty the subject of the agency; the broker is only
employed to make a bargain in relation to it.. 50
Ala. 154, 156.
Brokers are of many kinds, tho most im­
portant being enumerated and defined as
follows :
BROTHER. One person is :l broth er ·ot
the whole blood " to another. the former be­
ing a male. when both arc born from tbe
aame fatber and moLher. H e is a brotber
"of the half blood" to that other (or halt.
brother) when the two are born to tbe same
father by different mothers or by the same
mother to different fathers.
In the civil law, the following distinction. are
observed :- Two brothen who descend from t.hs
same father, but by different mothers, are oalled
"consauguine n brothers. It they have the same
mother, but. arc begotten by difterent fathers, lhey
are called "uterinen brothers. If they have hoth
the samo father and mother, they are denominated
brothers " germane. "
BROTHER-IN-LAW. A wife's broth·
er or a sister's h usbanrl. There is n ot any
relationship. but only atli nity, between broth.
ers-in-Inw.

' Exchange brokers, who negotiate for­ BRUARIUM. In old English law. A
ejgn bills of exchange. heath ground; grounll where beath grows.
Insurance brokers, who procure insu r­ Spelman.
ances for those who employ them and neg()-o BRUGBOTE. See BRlGBOTE.
tiate between the party seeking insurance
and the companies or their agents. BRUILLUS. In old Eng li sh law. A
wood or grove; a t hi cket or clump of trees
Merchandise brokers, who buy and sell
in a park or forest. Cowell.
goods and negotiate between buyer and sell­
er, but without baving the custody of the BRUISE. In medical jurlsprudence. .A
property. contusio n ; an inj ury upon the fies1.l of a per.
SOil with a blunt or heavy instrument, with­
Note brokers, who negotiate the discount
or sale of commercial paper. out solulion of contiuuity, or witho ut break·
ing t.ile skin.
Pawnbrokers, who lend money on goods
deposite.d with them in pledge. taking high BRUKBARN. In old Swedish I....
rates of interest. The child of a woman conceiving after a rape,
Real-estate brokers, who procure the which was made legitimate, Lil.erally, tbe
purchase or sale of land, acLing as interme­ child of a struggle. Burrill.
diary between vendor and pu rchaser to b ring BRUTUM FULMEN. An empty noise;
them together nULl arrange terms; and who an empty threat.
negotiate loans on real- estate security, man­
age and lease estates. etc. BUBBLE. An extra v_gant or unsub­
stantial proj ect for extensi ve operations in
Ship -brokers, wbo transact bllsil1("ss be­
bUSiness or commerce, generally founded on
tween the owners of ships anll freighters or
a flett,jolls or exaggeraled prospectus, to en·
charterers. and negotiate the sale of vessels.
5nart! un wary investors. Com�anies formed
Stock-brokers, who are employed to buy on sllCh a basis or for such purposes are
and sell for their principals all kinds of called "bubble companies." Tlle term 11
stocks. corporation bonds, debentures, shares chietly used in England.
in companies. govern ment securities, mun ic­
BUBBLE ACT. The statute 6 Geo. 1.0.
ipal bonds, etc.
18, "for restrai ning se\'era! extravagant and
BROKERAGE. The wages or cnmmls­ un warrantable practices berein mentioned, "
sions of a broker; also, bis business or occUw was so caU ed. I t prescribed penalties for the
patlon. form,Ltion of companies with little or no cap­
i tal, with the intention, by mealls of allur­
BROSSUS. Bruised, or injured with
ing advertisements, of obtaining money from
lJlows, wounds, or other casualty. Cowell.
the p u ulic by the sale of sbares. Sucb un..
BROTHEL. A bawdy·hou,e; a house of dertakings were then commonly called "bulr
to
111 fame; a common habitation of prostitutea. bIes_ This legislation was prompted by the
 BUOKSTALL 157 BURDEN OF PROOF

collapse of the .ISouth Rea Project, " which,
as Blackstone says, "had beggared half the
nation." It was mostly repealed by the stat.
ute 6 Geo. IV. c. 91.
BUC7l:STALL. A toil to t.ke d••!'. 4 Inst.
806.
cbange, meaning one who speculates for a lise
in the market.
BULLA. A seal used by the Roman em­
perors, during the lower empire; and which
was of four kinds.-gold, silver, wax, and
·lead.

BUDGET. A name given in England to BULLETIN. An officially publislled no­

the Blatemf'nt annually presented to pal'lia­ tice or announcernentconcerning the progress
ment by the chanceIlor of the exchequer, COll­ of matters of public importance. In }"rance,
taining the estimates of the national revenue the registry of the laws.
C
and expenditure.
BULJ,ETIN DES LOIS. In France,

BUGGERY. A carnal cop111ation against

nature; and this is either by the confusion of
species,-that is to say, a man or a woman
with a brute beast.-or of sexes, as a man
with a man, or man u nnaturally with a wo­
man. S lost. 58j 12 Coke, 36.
the official sheet which publishes the laws
and decrees ; this publication constitutes the
prom ulgation of the law or decree. D
BULLION. Gold and silver intended to
be coined. 'file term is usually applied to a
quantity of these metals ready for the mint,

BUILDING. A structure or edifice erect,..

but as yet lying in bars, plates, lumps, or E
other masseS; but it may also include orna­
ed by the hand of man. composed of natural
ments or dishes of gold and silver, or foreign
materials, as stone or wooLl, and intended for
coins not current as money, when intended
use or convenience.
to be descriptive of its adaptability to be
BUILDING LEASE. A lease of land coined, alld not of othlilr purposes to which it F
for a long term of years, usually 99, at a rent may be put.
called a "ground rent," the lessee covenant­
BULLION FUND. A fund of public
tog to erect certain edifices thereon according
money maintained in connection with the
to specification, and to mai ntain the same,
etc., during the term.
mints. for the purpose of purchasing precious
metals for coinage.
G
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
rest a debtor. Probably a vulgar corruption
Jdvances may be made to members desiring
of ubound�bai1iff," (g. 'D. )
H
them, on mortgage security.
BUNDA. In old English law. A bound,
BUL. In the ancient Hebrew chronology, boundary, border, or limit, ( terminus. limes.)
the eighth month of the ecclesiastical, and tht)
aecond of the civil. year. It has since been BUNGALOW. A c9untry-house in the
I
called uMa1"S/uroan," and an8wers to our Oc­ East Indies.

tober. BUOY. In maritime law. A piece of

Unbroken packages. Merchan­ wood or cork, or a oar1'el, raft, or other thing.
BULK.
made secure and floating upon a stream or
dise which is neither counted. weighed, nor
bay, intended as a gUide and warning to
J
measured.
Bulk is said of that which is neither count- mariners. by marldng a spot where the water

ed, weighed, nor measured. A sale by the is shallow, or where there is a reef or other
danger to naVigation, or to murk the course
bulk is the sale of a quan Uty such as jt is,
without measuring. counting, or weighing.
of <\ devious channel. K
Civil Code La. art. 3556, par. 6. BURDEN OF PROOF. (Lat. o,."s pro­
bandi.) In the law of evidencC'. The neces­
BULL. In ecclesiastical law. An in­
sity or duty of affirm atively praying a fact
strument granted by the pope of Rome, and
sealed with a seal of lead. containing some
or facts in dispute on an issue raised. between
the parties in a cause.
L
decree. commandment, or other public act,
emanating from the ponUff. Bull, in tbis The term "burden of proof" is not to be
sense, corresponds with edict or letters patent confus8ll with H p1'ima facie case." When
from other governments. Cowell; 4 BJ. the party upon whom the burden of proof r�
Comm. 110; 4 Steph. Oomill. 177, 179. rests has madu out a p1'ima facie case, this
This is also a cant term of the Stock Ex- wil.l. in general. Buffice to shift the burden.
 BUREAU 158 BURGLARY

[n other words, the former expression de­ An elector or voter; a person legally qual-­
n otes the necessity of est ablish ing tue latter. Hied to vote at elections. The word in this
sense is particularly defined by the statute 5
BUREAU. An office for the transaction
& 6 WID. IV. c. 76. §§ 9.13. 3 Staph. Comm.
of busi nes s. A name given to the 86\'e1'8l
192.
dep�� rtments ot the executive or adminis t ra­
A representative of a borough or town, i a
tive branch oi. government, or to their larger
parliamen t. Co. LiLt. lOga; 1 B I . Corum.
su bdi visions.
174.
BUREAUCRACY. A system In which In American law. The chiet executive
the businf'ss of government is carried all i n officer of a boro u gh , bearing the same rela.
departm ents , each under the control of a tion to its government and affairs that the
chief. in contradistinction from a system i n mayo?, does to those of a city. Sa used in
whicb the otUeers of government have a co­ Pennsylvania.
ordina te au tbo l'ity.
BURGESS ROLL. A roll. required by
BURG. BURGH. A term anciently ap­ the St. 5 '" 6 Wrn. IV. c. 76. to be kept in
plied to a castle o r fortified place; a borough , corporate towns or boroughs, of the names
(g. v.) Spelman. of b u rgess es entitled to certain new rightl

BURGAGE. A name anciently given to conferred by that act.

a dwelling-house in a bo rough town. BURGH-BRECHE. A Dne imposed on

Blount. the comlll unityof a town. for a breach of the
BURGAGE-HOLDING. A ten u re by peace, etc.
which lands in royal boroughs i n Scotla nd
B U R G H ENGLISH. Se. BOROUGH
were held of the sovereign. The service was
ENGLISH.
watching and warding, and was done by the
burgesses within the ter r itory of the bor­ B U R G H ENGLOYS. Borough En­
ough, whether expl'esseu in the charter or not. glish. (g. v.)
B URGAGE-TENURE. In English law. BURGHMAILS. Yearly payments to
One of the three species of free socage hold­ the crown of Sco t land , introduced by Mal·
ings i a ten u re whereby houses and lands col m IlL, and resembling the English fee­
which were formerly the si te of hOllses, in an farm rents.
allcient borough, are held of some lor d by a
B U R GH M O T E . In Saxon law. A
certai n rent. Th ere are a great many cus­ court of justice held semi-ann l1ally by the
toms affecting these tenures, the most re­ bi shop or lord in a burg, which the tbaoe5
markable of which is the custom of Borough were bound to attend w ithou t summons.
EngliSh. See Litt. � 162; 2 Bl. Comm. 82.
BURGLAR. One who com mits b urglary.
BURGATOR. One who breaks into
One who breaks into a llwelling-bollse in the
houses or inclosed places, as distingu is hed
night-time with intent to commit a felony.
from ono who committed robbery in the open
country. Spelm an. BURGLARIOUSLY. In pleading. A
technic"l word which must be i ntroduced iuto
BURGBOTE. In old Englis h law. A
an indic:tment for burglary at common law.
term nppl i ed to a contribution towards the
repai r of castles or walls of defense, or of a BURGLARITER. L. Lat. (Burglar...
b oro ugh. ously. ) In old crim inal pleading. A neces-
BURGENSES. In old English law. In­ 8;ary word in intllctments for bu rglary.
babitants of a burgu$ o r borough; burgesses. BURGLARY. In criminal law. The
Fleta. lib. 5. c. 6. § 10. breal\: ing and entering the house of anolhel

BURGERISTH. A wo rd used In Domes­ in the n ight-time, with intent to co mmit 1\

day, signifying R breach ot the peace in a felo ny therein, w Lether the felony be actual.
Iy commi tted or not. 3 Inst. 63; 1 Hale. P.
town. Jacob.
C. 549; 1 Hawk. P. C. c. 38. § 1.
BURGESS. In E nglish law. An In­
Burglnry is the breaking and entering the dwoll­
babitant or freeman of a borough or town; a lng-bouse of another, in the night-time, with in­
perso D duly and l egally admitted a merober tent to commit a felony. 29 Ind. SO; 1 N. ;]. Law,
of a municipal corporation. Spelman ; 3 i41 j 9 leed. 463 ; 1 Dev. 258; 7 Mass.. 247.

Step h . Comm. 188. 189. The common-la w definition bas been much
A mag istrate of a boro ugh. B�ol1nt. modified by stat ute in several of the states.
 BURGO�lASTER 159 BUSONES CUMITATUS

For example: " Every person who en ters any kin g'8 private treasury by the bu rgesses or
house, room, apartment, tenement, shop, in h abitants of a borough..
w areh otlse, store. mill. barn, stable, out­
bonse. or other building. tent. vessel, or rail· BURSA. A purs..

road car, with intent to commit grand or

BURSAR. .A. Lreasurer ot a college.
petit larc�ny. or any felony, is guilty of burf{e
Jary. " Pen. Code Cal. § 459. BURSARIA. The excheq uer of collegiate
or conventual bodi es ; or the place of rcc.:elv.
BURGOMASTER. Th. titl. given fo
ing. payin�. and accou nti ng by the bursars.
Germany to the chief executi ve officer of a
borough, town, or city; corresponding to our
Algo stipendiary sc holars . who live u p on the
C
burse , fund, or j oi n t s tock or the COll ege .
" ma y or. II ·

BURGUNDIAN LAW. Se. LEX BUR­ BURYIN G ALIVE. In English law .

The ancient punishment of Bodomites, and
0
GUNDlONUM.
those who contracteu with Jews. Fleta, lib.
BURGWHAR. A bu rgess. (q • •• ) I. c. 27. § 3.
BURIAL. Sepu lture ; the act ofintel'ring
dead hu man bod i es. BURYING-GROUND. A place oet
apart for th� interment of the dead; a ceme-
BURKI SM, (from the name of its first
perpetrator.) The p racti ce of killing persons
tery.
E
for the purpose of selling their bod i es for dis­ BUSCARL. In Saxon and old English
section. law. Seamen or marines. Spelman.
BURLAW COURTS. In Scotch Jaw.
Courts consisting of nei gh bors selected by fonr
BUSHEL.
pecks,
A dry measure, containing
eight gal lons , or th irty-t wo
F
common consent to Rct as jUdges in deter... qunxts . But the di mens i o ns of a busbel, and
min ing disp utes bet w een neigbbor and neigh­ the weigh t of a bushel of grain, etc., vary in
bor. the difTerent states i n consequence of statu·
BURLAWS. In Scotch law. Laws made tory eUllctments. G
by neighbor;; elected by common consent i n
BUSINESS. This word embraces e very·
the burin w courts. Skene.
thing about which a persoll can be employed.
BURN. To consnme with fire. The verb 23 N. Y. 242. 244.
"to burn," in an in dictm ent for arson, is to That which occupies the time, attention, H
be Laken in its common meaning of "to can· and labor of men for the purpose of & li veli..
17 Ga. 130.
Burne w ith fire." hood or profit. The doing of a single act
Burning and setting fire to are not legal pert a i n ing to a partic ular business w ill no t
synonyms. 5 Grat. 664. be co nsidered engaging in o r ca rryi ng on the
BURNING FLUID. As used In pollci.s business; yet 8 series of such acts would be

of insu rance, this term does not mean any 80 con sidt= red. 50 A la. 130. See. also. 2
fluid which will burn. but it means a reeag· All en . 395; 38 N. J. Law . 237.
nir.ed article of commerce, called by that Labor, bUSiness, ana work are not synonyms.

na me . and which is a di 1Iere nt article from Labor may be business, but it is not necessu.rily 80 i
and business is not always labor. Making an J
naphtha or kerosene. 4 Fed . Rep. 766; 24 agreement for the sale of a chattel is not within a
Hun, 569. prohibition of labor upon Sunday, though It is (If
by a merchant in his calling) within a prohibition
BURNING IN THE HAND. III old upon business. 2 Ohio St. 3S7.
English criminal law, laymen . upon bein g
BUSINESS HOURS. Those bonIS at.
K
accorded the benefit of clergy, were burned
with a hot iron in the brawn of the left the day du ri ng which. i n a given commuD ity.
thumb, in oruer that, being thus marked, co m m erci al, bankil1g, professional, public,
they could not again claim their clergy. 4 or other kinds of business are ordinarily car.
BI. Comill. 367. fied on. L
This phrase is declared to mean Dot the time
BURROCHIUM. A burroch, dam, or during which a principal requires an employe(l"
small wea r over a ri lier. where traps are laid services, but the business hours of the communit.y
for the takin g of fish. Cowell. generally. 18 Minn. 1� (Gil U9.)

BURROWMEALIS. In Scotch law . A BUSONES COMITATUS. In old En. M

term used to deSign ate the rents paid into the glish Jaw. The barons of a county
 BUSSA
BUSSA. A te rm used In the old Engl!l!h
taw, to designate a large and clumsily con·
structed ship.
BUTLERAGE. A privilege formerly al.
lowed to the killg'B butler. to take a certain
part of every cask of wine imported by an
alien.
BUTLER'S ORDINANCE. In English
law. A la w for the heir to punish waste in
the life of the ancestor. "Though it be on
record in the parliament book Of Ed w ard 1.,
yet it nev er was a statute, nor ever so r�
ceived; but only some constitution of the
king 's council, or lords in pa rliament, which
never obtained the strengtb or force of an act
of parliament." Rale. Hist. Eng. Law, p. 18.
BUTT. A measure of liqu id capacity,
equal to one hundred and eight gallons; also
8 measure of land.
BUTTALS. Tho bou nd i ng Hnes of land
at the end; abuttals, which see.
BUTTED AND BOUNDED. A phr..e
sometimes used in conveyancing. to intr�
dllce the bou rldaries of lands. See BU1'TS
AND BOUNDS.
BUTTS. In old English law. Short
pieces of land le ft unplowed at the ends o'f
fields, where the plow was t urned. a.bout.
(oLherwise call ed " headlamls.") as sideli ogs
were similar un plow ed pieces on the sides.
Burrill.
Also a place where bowmen meet to shoot
at a mark�
BUTTS AND BOUNDS. A phr..e u.ed
in conveyancing. to describe the end lines or
circumscribing lines of a certain piece of
land. Tue phrase " metes and boundsll bas
the same meaning.
BUTTY. A loca l term In the north of
England9 for the associate or deputy of an­
other; also of things used in common.
BUY. To acquire the ownership of prop'"
er ty by giving un nccepted price or considera­
tion therefor ; or by agreeing to do so; to ac.­
qUire by the paymenl of a price or value; to
purchase. Webster.
BUY IN. To pu rchase. at public sale.
property which is one's o w n 01' which one has
caused or procured to be sold.
BUYER. One who buys; a purchasel·,
particularly of chattels.
BUYING TITLES. The pUl·chose
the rights or claims to real estate of a person
160 BY-LAWS
who Is not in possession of the land or Is dt.
seised. Void, and an offense, at common
law.
BY. This word, when descriptively used
in a grant, does ootmean " i n i mmediate con·
tact with," but " oear" to, the object to
which it r{'iates; and u near" is a relative
term, meaning, when used in land pl\tents,
very unequal and different distances. 6 Gill,
121; 48N. H. 491.
A contract to complete work by a certai n
ti me, means that it shall be done before that
ti me. S Pen. & W. 48.
By an acquittance for the last pay­
ment all other arrearages are discharged.
Noy, 40.
BY·BIDDING. In the law relatIng to
sales by auction, this term is equivalent to
" pulling. " The practice consists in making
fictitious bids (or the property, under a S6-
cret arrangement with the owner or auc<­
tioneer, for the pu rpose of misleading and
stimulating other persons who are bidding in
good raith.
B Y B I L L, B Y B IL L WITHOUT
WRIT. In practice. Terms anciently used
to designate actions commenced by original
hill. as disting ui sb ed from those commenced
by original writ, anel applied in modern prac.
tice to suits commenced oy capias ad re8pon�
dendum. 1 Arch. Pro pp. 2, 337; 5 Hm. 213.
BY ESTIMATION. In con veyanci ng.
A term used to indicate that the quantity ot
land as stated is estimated only, not exactly
meas ured; has tlH� same meani ng and effect
as the phras e " more or lees."
BY GOD AND MY COUNTRY. In old
English criminal practice. The establisb6l.l
formula of reply by a prisoner, wben ar­
raigned at the bar. to the question, "Culprit,
how wilt thou be tried? "
BY -LAWS. Regulations, ordinanc es. or
rules enacted by a private corporation for its
o wn government.
A by·law is a rule or law of a corporation, for
its government, and itl a legislative act, and the
solemnities and sanction reguized by tbe charter
must be observed. A resolution is not necessarily
a by·law. though a by-law may be i n the form of •
resolution. 7 Barb. 508.
"That t,he reasonableness of a by-law of a corpl>
ration is a. question of law, and not of :fact, has at­
wuys been the established rule; but in the case of
State v. Overton, 24 N. J. Lsw, .s5, a distinction
was taken in this respect between a by.law and a
regulation, tbe validity of the former being a ju·
ot
dicial question, while the latter was regarded as a
matter'in pais. But although, i n one of the opin
 BY-LAWS 161 BYE-JHL-WUFFA

tons read In the case referred to, the view 'wns A public road. a private road, and a by­
clearly expressed that the reasonableness of a cor.
road. A by-road is a road llsed by tbe in­
porata regulation was properly for the constder�
habitants. and recognized by statute, but not
tion of the jury, and Dot of the court. yet it was
nevertheless staled that the point was Dot involved laid out. Such roads are often called "drift­
in the controversy than to be d�cidod. There is ways . " They Bre roads of necessity i n new­
no doubt that the rule thus intimated is in opposi. ly-settled countries. 29 N. J. L"w . 516.
tion to recent American authorities. Nor have I
See, also. Id. 68.
been able to And in the English books any such
distinct.ion as that above stated between a by+law An obscure or neighborhood road it' its
and a regulation of a corporation.· M N. J. Law, earlier existence, not used to any great ex­
135. tent by t.he public, yet so far a public road C
The l\'ord has also bef'n used to deSignate that the pulJtic bave of right free accc::ss to it
the local law8 or m u nicipal statutes of a city at all times. 34 N_ J. Law. 89.
or town. But of late the tendency is to em�
B Y T H E B Y. Incidentally; without
ploy the word " ordinance" exclusively for
new process. A term used in former En-
this class of enactments. reserving "'by-law"
glish practice to denote the method of filing a D
for the rules adopted by private corporations.
declaration <tgainst a defendant who Wag 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 different plaintiff or ot tbe same plaintiff
habitants. in anotber cause.
E
BY-ROAD. Tbe statute law of New Jer­ BYE-BIL-WUFFA. In Hindu law. A.
.ey recognizes three different kinds of roads: deed of mortgage or conditional sale.
llI.riIar�LAw-l1