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BAILOR

BAR

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Bailor. One who makes a bailment. St. Rep. 76; also 21 L. Ed. (U. S.) Bair-man. (Scotch) A bankrupt.

618.

Bank account. The funds of a bank Bairns (Scotch) Children.

from which a depositor may draw. Bairns' part. (Scotch) A third of a See 51 N. H. 78. decedent's estate if there was

Bank bills. Demand notes of bank widow, half if not.

payable to bearer. Balaena. A whale. See 1 Bl. Comm. Bank check. An instrument by 222.

which a depositor seeks to withBalance. The remainder due a party draw funds from the bank. See

after settling accounts with an- 21 L. R. A. (N. S.) 703. other. See 156 N. Y. 529, 51 N. E. Bank note. The promissory demand 285.

note of a bank payable to bearer. Balance sheet. A statement show- Bank of issue. A bank authorized

ing the financial condition of a to issue bank notes. See 87 Pa. business. See 92 Cal. 580, 28 Pac. 468, 30 Am. Rep. 378. 779.

Bankable. Negotiable paper which Baldio. (Spanish) Abandoned pub- a bank will receive as cash. See lic land.

Ann. Cas. 1913C, 1255. Balius. A tutor; a teacher; a guard- Banker. One having a place where ian.

deposits are received and paid out Balivo amovendo. A writ to oust on checks and where money is a bailiff from office.

loaned on security. See 23 L. Ed. Ballastage. A tax on ships for tak- (U. S.) 421. ing ballast.

Bankerout. A bankrupt. Ballot. A ticket or paper used in Banker's note. A bank note issued voting; to vote at an election.

by a private, unincorporated bank. See 5 Ann. Cas. 861.

Banking business. The business conBalnearii. Thieves of clothing at ducted by a banker. See 18 Ann. the public baths.

Cas. 829. Ban. A public edict or proclama- Bankrupt. One who has committed tion.

an act of bankruptcy. See 5 Hill Banality. The right by which the (N. Y.), 317.

lord made his vassals grind at his Bankruptcy. The condition of one mill, bake at his oven, etc.

adjudged a bankrupt. Banc. A bench; a meeting of all Banleuca. The territory without the the judges.

walls, but within the legal limits Banci narratores. Advocates in the of a town or city.--Cent. Dict. court of common pleas.

Banlieu. Same as Banleuca. Bancus. Banc.

Banneret. The title of a knight Bancus reginae. The queen's bench. ranking next after a baron. See Bancus regis. The king's bench 1 Bl. Comm. 403. court.

Banni nuptiarum. Bans of matriBancus superior. The upper bench. mony.

Once the name of the king's bench. Bannitus. An outlaw; one banished. Band. (Scotch) A call to arms. Banns of matrimony. Published noBandit. An outlaw.

tice of an intended marriage. Bane. A malefactor.

Bannum. A ban. Bani. Deodands.

Bannus. A proclamation. Banishment. Removal from the Bar. An obstruction to an action or

country as a punishment for ne. suit; a railway inclosing the offiBank. Same as banc, which see; cers of a court; the place in court

an institution where money is de- occupied by a prisoner on trial; posited and loaned. See 49 Am. those who are admitted to prac.

35

BAR

BASE

acres.

tice law; a court; to defeat; to

obstruct. Bar association. A society com

posed of members of the bar. Bar fee. A sheriff's fee due upon a

prisoner's acquittal. Baragaria. (Spanish) A kept mis

tress; an inferior wife. Barat. To quarrel. Baratriam committit qui propter

pecuniam justitiam baractat. One has committed barratry who sells

justice for money. Barbicanage. Money paid to sup

port a watch tower.-Bouy. Bare contract. One without condi

tions. Bare trustee. One whose sole func

tion is to hold title to trust prop

erty. 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 con

tract 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,

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 min

ing 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.

Barons of the cinque ports. The

members of parliament from the

five English ports nearest France. Barons of the exchequer. The

judges or officers of the court of

exchequer. Barony. The rank of a baron; the

lands held by a baron. Barony of land. A quantity of land

amounting to fifteen

Black. 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

manor.

a

Bas chevaliers. Knights by tenure

of a base military fee, as distinguished from superior knights.

Blount. Base court. An inferior English

court. Base estate. The estates which base

tenants have in their land.

Cowell. Base fee. A qualified fee determin

able upon the ending of the qualifi

cation, See 94 Ill. 83. Base infeftment. (Scotch) a dis

position of lands by a vassal, to

be held of himself.-Black. Base right. (Scotch) A subordinate

right; the right of a subvassal in

the lands held by him.-Bell. Base services. Feudal tenure

services of a base nature. See 2 BI.

Comm. 62. Base tenants. Tenants rendering

base services.

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BASE

BELOW

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

Bayley. A bailiff. Basileus. A king. See 1 Bl. Comm. 242.

Beaconage. Money paid to main.

tain beacons. Basilica The Byzantine Code 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 ing 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

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 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 dis. Battery. 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.-Bouy, (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

port him.

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BENCH

BENIGNE

Bench. A court; the judges of a Beneficium divisionis. The right to court.

exact contribution from cosureties. Bench-warrant. A warrint issued Beneficium inventari. See Benefit of

by a judge for one's apprehen- inventory. sion.

Beneficium non datum nisi propter Bencher. One of the senior or gov- officium. A benefit not conferred erning members of an Inn of

unless in recognition of an obligaCourt.

tion. Bene. Well; proper.

Beneficium ordinis. The right of a Benedicta est expositio quando res surety to have all remedies against redimitur a destructione. Blessed

his principal first exhausted. is that interpretation which pre- Beneficium separationis. (Civil Law) vents destruction.

A creditor's right to have a deceBenefice. A church living.

dent's goods separated from the Benefice de division. (French) A

heirs. cosurety's right to contribution.

Benefit of cession. (Roman Law) Benefice de discussion. (French)

Immunity from imprisonment for A guarantor's right to have his

debt of a debtor who has assigned principal's property first applied

to his creditors. on the debt.

Benefit of clergy. Benefice d'inventaire. (French) See

Exemption from Benefit of inventory.

capital punishment to those con

nected with the church. Beneficial devise. A devise from

Benefit of discussion. (Roman Law) which the devisee is intended by the testator to receive a substan

The right of a surety to have his tial benefit. See 8 Am. Rep. 356.

principal's property first subjected Beneficial enjoyment. The advan

to the payment of the obligation.

Benefit of division. tages of ownership without legal

(Roman Law) title.

The right to enforce contribution Beneficial interest. The interest of

from cosureties. one enjoying the use, benefit or Benefit of inventory. (Roman Law) income of property, without title.

The limitation of an heir's liability Beneficial power. The power of a

for the debts of the estate to the donee to use property for his own

value of his inheritance. benefit.

Benerth. A feudal service rendered Beneficial society. A mutual bene- by the tenant to his lord with fit association.

horse and cart.-Cowell. Beneficiary. A cestui que trust.

Benevolence. Enforced contributions Beneficio primo. A writ of the king or service to the crown under guise

designating the appointee to the of gratuities. first vacant benefice.

Benigne faciendae sunt interpretaBeneficium. A benefice.

tiones chartarum, ut res magis Beneficium abstinendi. The right of valeat quam pereat. Liberal con

an heir to reject an inheritance. struction should be given to Beneficium cedendarum actionum. A deed, so that it may stand rather

Roman law right of subrogation than fall. by the surety to the claims of the Benigne faciendae sunt interpretacreditor against the principal.

tiones chartarum, ut res magis Beneficium clericale. Benefit of valeat quam pereat, et quaelibet clergy.

concession fortissime contra donaBeneficium competentiae. (Roman torem interpretanda est. Liberal

Law) The exemption of enough to construction should be given to a live on by one making an assign- deed, so that it may stand rather ment to his creditors.

than fall. A grant should be con38

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BENIGNE

BILL

strued most strongly against the Better equity. The superior or pregrantor. See 4 Mass. 134.

vailing of two equitable interests. Benigne faciendae sunt interpreta- Betterments. Improvements beyond

tiones propter simplicitatem lai- upkeep. See 81 Am. St. Rep. 164. corum, ut res magis valeat quam; Betrothment, or betrothal. A conet verba intentione, non e contra,

tract to marry. debent inservire. On account of Beyond seas. Out of the country. the ignorance of laymen, liberal See 25 L. R. A. (N. S.) 25; also 46 construction should be given, so Am. Dec. 489. that affairs may stand rather than Beyond the four seas. Out of the fall; and words ought to serve ac

British Isles. cording to intention, and not other- Bias. Prejudice. See 9 Am. St. Rep. wise. See 1 Whart. (Pa.) 315.

745.

Bid. To make an offer at an auction Benignior sententia, in verbis generalibus seu dubiis, est preferanda.

sale; an offer.

Bidder. One who bids at an auction. A more liberal meaning of general or doubtful words is preferable.

Bielbrief. A particular and detailed

written description of a ship, furBenignius leges interpretandae sunt

nished by the builder. quo voluntas earum conservetur.

Bien. Well; lawfully. Laws should be construed more lib

Biennium. A period of two years. erally that their intent may be

Biens. Goods; property. preserved.

Biga. A two-horse chariot. Bequeath. To dispose of chattels by Bigamus. (Roman Law) A bigamist. will.

Bigamy. Remarriage by one having Bequest. A disposition by will of

a lawful spouse. See 20 Am. St. chattels.

Rep. 377. Bercaria. A sheepfold.

Bilagae. By-laws; ordinance. Bercarius, or bercator. A shepherd. Bilagines. By-laws; ordinances, Berenica. A manor; a town.

Bilan. A balance sheet. Berewick. Same as Barton.

Bilateral contract. A contract emBerg. A plain; a field; a manor.

bracing mutual promises. Bergmote. Same as Barmote.

Biline. Collateral. Beria. A plain; a field.

Bilinguis. Speaking two languages. Bernet. Arson.

Bill. A complaint in an equity suit; Berra. A plain, open heath.-Cowell.

a statement; a proposed statute. Berton. A large farm or the barn

Bill chamber. A department of the yard thereof.

Scotch court of session. Berwick. Same as Barton.

Bill for a new trial. A bill in equity Besayle or besayel. A writ by which

seeking a new trial of an action at great-grandchild secured his

law upon equitable grounds. See right to his ancestor's property; a 28 Wash. 118, 68 Pac. 165. great-grandfather.

Bill for cancellation. A bill in Best evidence. The best legal evi- equity to cancel a written instrudence the nature of the case will

ment. admit of. See 3 Tex. App. 103. Bill for foreclosure. A bill in equity Bestes. Beasts; cattle.

in a suit to foreclose a lien, mortBestiales. Beasts; cattle.

gage or pledge. Bestiality. Sexual intercourse be- Bill for reformation. A bill seeking

tween a human being and a beast the correction of an error in a deed of opposite sex. See 71 Am. Dec. or other written instrument. 331.

Bill for specific performance. A bill Bet. A wager; to wager.

equity to compel the perform39

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