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BAILOR

BAR

Bailor. One who makes a bailment.
Bair-man (Scotch) A bankrupt.
Bairns (Scotch) Children.
Bairns' part. (Scotch) A third of a

decedent's estate if there was a

widow, half if not. Balaena. A whale. See 1 Bl. Comm.

222. Balance. The remainder due a party

after settling accounts with another. See 156 N. Y. 529, 51 N. E.

285. Balance sheet. A statement show.

ing the financial condition of a business. See 92 Cal. 580, 28 Pac.

779. Baldio. (Spanish) Abandoned pub

lic land. Balius. A tutor; a teacher; a guard• ian. Balivo amovendo. A writ to oust

a bailiff from office. Ballastage. A tax on ships for tak

ing ballast. Ballot. A ticket or paper used in

voting; to vote at an election.

See 5 Ann. Cas. 861. Balnearii. Thieves of clothing at

the public baths. Ban. A public edict or proclama

tion. Banality. The right by which the

lord made his vassals grind at his mill, bake at his oven, etc. Banc. A bench; a meeting of all

the judges. Banci narratores. Advocates in the

court of common pleas. Bancus. Banc. Bancus reginae. The queen's bench. Bancus regis. The king's bench

court. Bancus superior. The upper bench.

Once the name of the king's bench. Band. (Scotch) A call to arms. Bandit. An outlaw. Bane. A malefactor. Bani. Deodands. Banishment. Removal from the

country as a punishment for crime. Bank. Same as banc, which see;

an institution where money is deposited and loaned. See 49 Am.

St. Rep. 76; also 21 L. Ed. (U. S.) 618. Bank account. The funds of a bank

from which a depositor may draw.

See 51 N. H. 78. Bank bills. Demand notes of a bank

payable to bearer. Bank check. An instrument by

which a depositor seeks to withdraw funds from the bank. See

21 L. R. A. (N. S.) 703. Bank note. The promissory demand

note of a bank payable to bearer. Bank of issue. A bank authorized

to issue bank notes. See 87 Pa.

468, 30 Am. Rep. 378. Bankable. Negotiable paper which

a bank will receive as cash. See

Ann. Cas. 1913C, 1255. Banker. One having a place where

deposits are received and paid out on checks and where money is loaned on security. See 23 L. Ed.

(U. S.) 421. Bankerout. A bankrupt. Banker's note. A bank note issued

by a private, unịncorporated bank. Banking business. The business con

ducted by a banker. See 18 Ann.

Cas. 829. Bankrupt. One who has committed an act of bankruptcy. See 5 Hill

(N. Y.), 317. Bankruptcy. The condition of one

adjudged a bankrupt. Banleuca. The territory without the

walls, but within the legal limits

of a town or city.--Cent. Dict. Banlieu. Same as Banleuca. Banneret. The title of a knight

ranking next after a baron. See

1 Bl. Comm. 403. Banni nuptiarum. Bans of matri

mony. Bannitus. An outlaw; one banished. Banns of matrimony. Published no

tice of an intended marriage. Bannum. A ban. Bannus. A proclamation. Bar. An obstruction to an action or

suit; a railway inclosing the officers of a court; the place in court occupied by a prisoner on trial; those who are admitted to prac.

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BAR

BASE

tice law; a court; to defeat; to Barons of the cinque ports. The obstruct.

members of parliament from the Bar association. A society com five English ports nearest France. posed of members of the bar.

Barons of the exchequer. The Bar fee. A sheriff's fee due upon a

judges or officers of the court of prisoner's acquittal.

exchequer. Baragaria. (Spanish)

A kept mis-
A kept mis-

Barony. The rank of a baron; the tress; an inferior wife.

lands held by a baron. Barat. To quarrel. Baratriam committit qui propter

Barony of land. A quantity of land pecuniam justitiam baractat. One

amounting to fifteen acres.has committed barratry who sells

Black. justice for money.

Barra. Same as Bar, which see. Barbicanage. Money paid to sup Barrator. One guilty of barratry. port a watch tower.-Bouv.

Barratry. The offense of practicing Bare contract. One without condi the excitement of quarrels or lititions.

gation. See 36 Am. Rep. 579. A Bare trustee. One whose sole func grossly negligent or unlawful act

tion is to hold title to trust prop of a master or crew of a ship, erty.

without the owner's authority. Baret. A quarrelsome litigation. See 3 L. Ed. (U. S.) 481. Bargain. A contract or agreement Barre. Same as Bar.

to buy on one side and sell on the Barren money. A noninterest bearother. See 5 Mass. 358, 4 Am. ing debt. Dec. 68.

Barrenness. Sterility. Bargain and sale. A bargain or con- Barretry. Same as Barratry.

tract whereby land is transferred Barrister. A lawyer admitted in without livery of seisin. See 110 England to plead at the bar. U. S. 471, 28 L. Ed. 198, 4 Sup. Barter. An exchange of goods. Ct. Rep. 210.

Barton. The unrented lands of a Bargainee. The grantee or vendee manor. in a bargain and sale.

Bas chevaliers. Knights by tenure Bargainor. The grantor or vendor of a base military fee, as disin a bargain and sale.

tinguished from superior knights. Barleycorn. A lineal measure, a Blount. third of an inch.

Base court. An inferior English Barmote courts. Courts established court.

in the reign of Edward III, and Base estate. The estates which base held twice a year in Derbyshire, in tenants have in their land.which matters connected with min Cowell. ing are considered..

Base fee. A qualified fee determinBarnard's inn. An inn of chancery. able upon the ending of the qualifi. Baro. A baron; a knight; a free cation. See 94 Ill. 83. man.

Base infeftment. (Scotch) a disBaron. A judge or officer of the position of lands by a vassal, to

court of exchequer; a husband; a be held of himself.- Black. vassal of the king.

Base right. (Scotch) A subordinate Baron et feme. Husband and wife. right; the right of a subvassal in Baronage. The rank of a baron; a the lands held by him.-Bell. barony.

Base services. Feudal tenure serBaronet. An English title which is vices of a base nature. See 2 Bl.

a dignity of inheritance, created Comm. 62. by letters patent. See 1 Bl. Comm. Base tenants. Tenants rendering 403.

base services. 36

BASE

BELOW

242.

Base tenure. Tenure by base ser. Bay. A mill-pond. vices, as by villeinage.

Bayley. A bailiff. Basileus. A king. See 1 Bl. Comm.

Beaconage Money paid to main. Basilica. The Byzantine Code

tain beacons. adapted from the Code of Jus

Beadle. A court crier; a parish tinian.

officer whose duties resembled Basils. Iron shackles.

those of a constable. Basket tenure. Tenure by service of Bearer. A maintainor; one practic: basket-making.

ing maintenance; the holder of Basse justice. The right of a feudal negotiable paper not payable to lord to try petty offenders.

a specified person. See 3 Fed. Bastard. Born out of wedlock. See (U. S.) 617. 60 L. R. A. 699.

Bearing date. An expression referBastard-eigne. The eldest son born i ng to the date of an instrument.

a bastard of parents who then Beast. Any four-footed animal. marry and beget others.

Beasts of the chase. Wild beasts Bastarda. A female bastard.

which are hunted; the buck, doe, Bastardus non potest habere haere fox, marten and roe.

dem nisi de corpore suo legitime Beasts of the forest. Beasts of the procreatum. A bastard cannot chase and hart, hind, hare, boar have an heir unless one lawfully and wolf. begotten of his own body.

Beasts of the park. Same as Beasts Bastardus nullius est filius; aut filius of the forest.

populi. A bastard is the son of Beasts of the warren. The hare, no one, or a son of the people.

coney, pheasant and partridge. Bastardy. The state of being a bas- Beat. To strike with successive

tard; the act of begetting a bas- blows. tard. See 17 Pa. St. 126, 55 Am. Beaupleader. A writ prohibiting Dec. 542.

the taking of a fine for ill-plead. Bastardy process. A procedure to ing; bad pleading.

compel a bastard's father to sup- Bed and board. A divorce from, is port him.

one separating the parties without Bastinado. Beating the soles of a dissolving the marriage. man's feet as a punishment.

Bed of justice. The sitting of the Baston. A bator; a club; a servant king in the French parliament. . of a warden of the Fleet.

Bedel. Same as Beadle. Batable ground. Land of disputed Bedelary. The jurisdiction of a title.

beadle. Bataille. Same as Battel.

Bederepe. A service binding the Bath, knights of the. An order of tenant to reap the landlord's corn. knighthood.

Begotten. Born. Batiment. (French) A ship.

Behavior. See Good behavior. Battel. A duel; a combat.

Behetria. (Spanish) Lands in disBattery. Any injury to the person tricts and manors in which the in

done in an angry, revengeful, rude habitants could select their own or insolent manner. See 50 Atl. lords.—Bouv. (Del.) 632.

Behoof. Use; profit; advantage. Batture. A shoal; an alluvial de Belligerent. Actually engaged in posit in the bed of a stream.

war. Bawd. A panderer.

Bello parta cedunt reipublicae. Bawdy-house. A house of ill-fame Spoils of war go to the state.

or prostitution. See 22 Am. St. Bellum. War. Rep. 920.

Below. Inferior, as the court below. 37

BENCH

BENIGNE

Bench. A court; the judges of a

court. Bench-warrant. A warruint issued by a judge for one's apprehen

sion. Bencher. One of the senior or gov

erning members of an Inn of

Court. Bene. Well; proper. Benedicta est expositio quando res

redimitur a destructione. Blessed is that interpretation which pre

vents destruction. Benefice. A church living. Benefice de division. (French) A

cosurety's right to contribution. Benefice de discussion. (French)

A guarantor's right to have his principal's property first applied

on the debt. Benefice d'inventaire. (French) See

Benefit of inventory. Beneficial devise. A devise from which the devisee is intended by the testator to receive a substan

tial benefit. See 8 Am. Rep. 356. Beneficial enjoyment. The advan

tages of ownership without legal

title. Beneficial interest. The interest of

one enjoying the use, benefit or

income of property, without title. Beneficial power. The power of a

donee to use property for his own

benefit. Beneficial society. A mutual bene

fit association. Beneficiary. A cestui que trust. Beneficio primo. A writ of the king

designating the appointee to the

first vacant benefice. Beneficium. A benefice. Beneficium abstinendi. The right of

an heir to reject an inheritance. Beneficium cedendarum actionum. A

Roman law right of subrogation by the surety to the claims of the

creditor against the principal. Beneficium clericale. Benefit of

clergy. Beneficium competentiae. (Roman

Law) The exemption of enough to live on by one making an assignment to his creditors.

Beneficium divisionis. The right to

exact contribution from cosureties. Beneficium inventari. See Benefit of

inventory. Beneficium non datum nisi propter

officium. A benefit not conferred unless in recognition of an obliga

tion. Beneficium ordinis. The right of a

surety to have all remedies against

his principal first exhausted. Beneficium separationis. (Civil Law).

A creditor's right to have a decedent's goods separated from the

heirs. Benefit of cession. (Roman Law)

Immunity from imprisonment for debt of a debtor who has assigned

to his creditors. Benefit of clergy. Exemption from

capital punishment to those con

nected with the church. Benefit of discussion. (Roman Law)

The right of a surety to have his principal's property first subjected

to the payment of the obligation.' Benefit of division. (Roman Law)

The right to enforce contribution

from cosureties. Benefit of inventory. (Roman Law)

The limitation of an heir's liability for the debts of the estate to the

value of his inheritance. Benerth. A feudal service rendered

by the tenant to his lord with

horse and cart.--Cowell. Benevolence. Enforced contributions

or service to the crown under guise

of gratuities. Benigne faciendae sunt interpreta

tiones chartarum, ut res magis valeat quam pereat. Liberal construction should be given to a deed, so that it may stand rather

than fall. Benigne faciendae sunt interpreta

tiones chartarum, ut res magis valeat quam pereat, et quaelibet concession fortissime contra donatorem interpretanda est. Liberal construction should be given to a deed, so that it may stand rather than fall. A grant should be conBENIGNE

38

BILL

strued most strongly against the

grantor. See 4 Mass. 134. Benigne faciendae sunt interpreta.

tiones propter simplicitatem laicorum, ut res magis valeat quam; et verba intentione, non e contra, debent inservire. On account of the ignorance of laymen, liberal construction should be given, so that affairs may stand rather than fall; and words ought to serve according to intention, and not other

wise. See 1 Whart. (Pa.) 315. Benignior sententia, in verbis gener

alibus seu dubiis, est preferanda. A more liberal meaning of general or doubtful words is preferable. Benignius leges interpretandae sunt

quo voluntas earum conservetur. Laws should be construed more liberally that their intent may be

preserved. Bequeath. To dispose of chattels by

will. Bequest. A disposition by will of

chattels. Bercaria. A sheepfold. Bercarius, or bercator. A shepherd. Berenica. A manor; a town. Berewick. Same as Barton. Berg. A plain; a field; a manor. Bergmote. Same as Barmote. Beria. A plain; a field. Bernet. Arson. Berra. A plain, open heath.-Cowell. Berton. A large farm or the barn.

yard thereof. Berwick. Same as Barton. Besayle or besayel. A writ by which

a great-grandchild secured his right to his ancestor's property; a

great-grandfather. Best evidence. The best legal evi

dence the nature of the case will

admit of. See 3 Tex. App. 103. Bestes. Beasts; cattle. Bestiales. Beasts; cattle. Bestiality. Sexual intercourse be.

tween a human being and a beast of opposite sex. See 71 Am. Dec.

331. Bet. A wager; to wager.

Better equity. The superior or pre

vailing of two equitable interests. Betterments. Improvements beyond

upkeep. See 81 Am. St. Rep. 164. Betrothment, or betrothal. A CON

tract to marry. Beyond seas. Out of the country.

See 25 L. R. A. (N. S.) 25; also 46

Am. Dec. 489. Beyond the four seas. Out of the

British Isles. Bias. Prejudice. See 9 Am. St. Rep.

745. Bid. To make an offer at an auction

sale; an offer. Bidder. One who bids at an auction. Bielbrief. A particular and detailed

written description of a ship, fur

nished by the builder. Bien. Well; lawfully. Biennium. A period of two years. Biens. Goods; property. Biga. A two-horse chariot. Bigamus. (Roman Law) A bigamist. Bigamy. Remarriage by one having

a lawful spouse. See 20 Am. St.

Rep. 377. Bilagae. By-laws; ordinance. Bilagines. By-laws; ordinances, Bilan. A balance sheet. Bilateral contract. A contract em

bracing mutual promişes. Biline. Collateral. Bilinguis. Speaking two languages. Bill. A complaint in an equity suit;

a statement; a proposed statute. Bill chamber. A department of the

Scotch court of session. Bill for a new trial. A bill in equity

seeking a new trial of an action at law upon equitable grounds. See

28 Wash. 118, 68 Pac. 165. Bill for cancellation. A bill in

equity to cancel a written instrument. Bill for foreclosure. A bill in equity

in a suit to foreclose a lien, mort

gage or pledge. Bill for reformation. A bill seeking

the correction of an error in a deed

or other written instrument. Bill for specific performance. A bill

in equity to compel the perform

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