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BAILOR

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

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a bailiff from office. Ballastage. A tax on ships for taking 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 proclamation.

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.

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BAR

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, unincorporated bank. Banking business. The business conducted by a banker. See 18 Ann. Cas. 829.

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has committed barratry who sells justice for money.

Barbicanage. Money paid to support a watch tower.-Bouv. Bare contract. One without conditions.

Bare trustee. One whose sole function is to hold title to trust property.

Baret. A quarrelsome litigation. Bargain. A contract or agreement to buy on one side and sell on the other. See 5 Mass. 358, 4 Am. Dec. 68. Bargain and sale. A bargain or contract whereby land is transferred without livery of seisin. See 110 U. S. 471, 28 L. Ed. 198, 4 Sup. Ct. Rep. 210.

Bargainee. The grantee or vendee in a bargain and sale. Bargainor. The grantor or vendor in a bargain and sale. Barleycorn. A lineal measure, a third of an inch.

Barmote courts. Courts established

in the reign of Edward III, and held twice a year in Derbyshire, in which matters connected with mining are considered.

Barnard's inn. An inn of chancery. Baro. A baron; a knight; a free

man.

Baron. A judge or officer of the

court of exchequer; a husband; a vassal of the king.

Baron et feme. Husband and wife. Baronage. The rank of a baron; a barony.

Baronet. An English title which is

a dignity of inheritance, created by letters patent. See 1 Bl. Comm. 403.

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Barra. Same as Bar, which see. Barrator. One guilty of barratry. Barratry. The offense of practicing the excitement of quarrels or litigation. See 36 Am. Rep. 579. A grossly negligent or unlawful act of a master or crew of a ship, without the owner's authority. See 3 L. Ed. (U. S.) 481. Barre. Same as Bar.

Barren money. A noninterest bearing debt.

Barrenness. Sterility.

Barretry. Same as Barratry. Barrister. A lawyer admitted in England to plead at the bar. Barter. An exchange of goods. Barton. The unrented lands of a

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Basse justice.

Tenure by service of

The right of a feudal lord to try petty offenders. Bastard. Born out of wedlock. See 60 L. R. A. 699.

Bastard-eigne. The eldest son born a bastard of parents who then marry and beget others. Bastarda. A female bastard. Bastardus non potest habere haeredem nisi de corpore suo legitime procreatum. A bastard cannot have an heir unless one lawfully begotten of his own body. Bastardus nullius est filius; aut filius

populi. A bastard is the son of no one, or a son of the people. Bastardy. The state of being a bastard; the act of begetting a bastard. See 17 Pa. St. 126, 55 Am. Dec. 542.

Bastardy process. A procedure to compel a bastard's father to support him.

Bastinado. Beating the soles of a

man's feet as a punishment. Baston. A bator; a club; a servant of a warden of the Fleet. Batable ground. Land of disputed title.

An order of

Bataille. Same as Battel.
Bath, knights of the.
knighthood.

Batiment. (French) A ship.
Battel. A duel; a combat.
Battery. Any injury to the person

done in an angry, revengeful, rude
or insolent manner. See 50 Atl.
(Del.) 632.

Batture. A shoal; an alluvial de

posit in the bed of a stream. Bawd. A panderer. Bawdy-house. A house of ill-fame or prostitution. See 22 Am. St. Rep. 920.

Bay. A mill-pond.

Bayley. A bailiff.

BELOW

Beaconage. Money paid to maintain beacons.

Beadle. A court crier; a parish officer whose duties resembled those of a constable. Bearer. A maintainor; one practic: ing maintenance; the holder of negotiable paper not payable to a specified person. See 3 Fed. (U. S.) 617.

Bearing date. An expression refer

ing to the date of an instrument. Beast. Any four-footed animal. Beasts of the chase. Wild beasts

which are hunted; the buck, doe,

fox, marten and roe.

Beasts of the forest. Beasts of the chase and hart, hind, hare, boar and wolf.

Beasts of the park. Same as Beasts of the forest.

Beasts of the warren. The hare,

coney, pheasant and partridge. Beat. To strike with successive blows.

Beaupleader. A writ prohibiting

the taking of a fine for ill-plead

ing; bad pleading.

Bed and board. A divorce from, is

one separating the parties without dissolving the marriage.

Bed of justice. The sitting of the king in the French parliament. Bedel. Same as Beadle. Bedelary. The jurisdiction of a beadle.

Bederepe. A service binding the tenant to reap the landlord's corn. Begotten. Born.

Behavior. See Good behavior. Behetria. (Spanish) Lands in districts and manors in which the inhabitants could select their own lords.-Bouv.

Behoof. Use; profit; advantage. Belligerent. Actually engaged in

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BENCH

Bench. A court; the judges of a

court.

Bench-warrant.

A warrant issued

by a judge for one's apprehension. Bencher.

One of the senior or governing members of an Inn of Court.

Bene. Well; proper. Benedicta est expositio quando res redimitur a destructione. Blessed is that interpretation which prevents 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 substantial benefit. See 8 Am. Rep. 356. Beneficial enjoyment. The advantages 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 benefit 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.

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BENIGNE

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 obligation.

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 connected 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 interpretationes 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 interpretationes 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 con

BENIGNE

strued most strongly against the grantor. See 4 Mass. 134. Benigne faciendae sunt interpretationes 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 otherwise. See 1 Whart. (Pa.) 315. Benignior sententia, in verbis generalibus 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 barnyard 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.

BILL

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 contract 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 promises.
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 instru-
ment.

Bill for foreclosure. A bill in equity in a suit to foreclose a lien, mortgage 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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