banishment

a punishment inflicted upon criminals, by compelling them to quit a city, place, or country, for a specific period of time, or for life.

Defined by the Supreme Court in United States v. Ju Toy, 198 U.S. 253 (1905).

A punishment inflicted upon criminals, by compelling them to quit a city, place, or country for a specified period of time, or for life. See 4 Dall. (Pa.) 14. It is to be distinguished from "transportation," which implies a confinement in some place beyond the realm. BANK (Anglicised form of bancus, a bench). The bench of justi'ce. A session in bank is one held by more than one judge of the court to determine matters of law. ^ Distinguished from nisi prius sittings t-o determine facts. 3 Sharswood, Bl. Comm. 28, note. Bank le roy, the king's bench. Finch, Law, 198. In Commercial Law. A place for the deposit of money. An institution, generally incorporated, authorized to receive deposits of money, to lend money, and to issue promissory notes. — usually known by the name of "bank notes," — or to perform some one or more of these functions. Banks are said to be of three kinds, viz., of deposit, of discount, and of circulation; They generally perform all these operations, but an institution performing but one is a bank. 17 Wall. (U. S.) 118; but see 52 Cal. 196. A corporation loaning its own funds on note and mortgage is not a bank. 5 Sawy. (U. S.) 32. It was the custom of the early money changers to transact their business in public places, at the doors of churches, at markets, and, among the Jews, in the temple (Mark xi. 15). They used tables or benches for their convenience in counting and assorting their coins. The table so used was called banche, and the traders themselves, "bankers," or "'benchers." In times still more ancient, their benches were called cambii, and they themselves were called cambiators. Du Cange, "Cambii."

A punishment inflicted upon criminals, by compelling them to quit a city, place, or country for a specified period of time, or for life. See Cooper v. Telfair, 4 Dall. (U. S.) 14, 1 L. Ed. 721. It is synonymous with exilement and imports a compulsory loss of one's country. 3 P. Wms. 38*. BANK (Anglicized form of bancus, a bench). The bench of justice. Sittings in bank (or banc). An official meeting of four of the judges of a commonlaw court. Wharton, Lex. Used of a court sitting for the determination of law points, as distinguished from nisi prius sittings to determine facts. 3 Bla. Com. 28, n. Bank le Roy. The king's bench. Finch, 198. The bank of the sea is the utmost border of dry land. Callis, Sewers 73. In Commercial Law. A place for the deposit of money; Oulton v. Institution, 17 Wall. (U. S.) 118, 21 L. Ed. 618. See Curtis v. Leavitt, 15 N. Y. 166; Pratt v. Short, 79 N. Y. 440, 35 Am. Rep. 531; People v. R. Co., 12 Mich. 389, 86 Am. Dec. 64. The business of banking, as defined by law and custom, consists in the issue of notes payable on demand intended to circulate as money when the banks are banks of issue; in receiving deposits payable on demand; in discounting commercial paper; making loans of money on collateral security; buying and selling bills of exchange; negotiating loans, and dealing in negotiable securities issued by the government, state and national, and municipal and other corporations. Mercantile Bank v. New York, 121 U. S. 138, 156, 7 Sup. Ct 826, 30 L. Ed. 895. Banks are said to be of three kinds, viz.; of deposit, of discount, and of circulation, they generally exercise all these functions; Oulton v. Sav. Soc, 17 Wall. (U. S.) 118, 21 L. Ed. 618. It was the custom of the early money-changers to transact their business in public places, at the doors of churches, at markets, and, among the Jews, in the temple (Mark xi. 15). They used tables or benches for their convenience in counting and assorting their coins. The table so used was called banche, and the traders themselves, bankers or benchers. In times still more ancient, their benches was called cambii, and they themselves were called cambiators. Du Cange, Cambii. act of banking; People v. R. Co., 12 Mich. 389, 86 Am. Dec. 64; so is keeping an office to discount notes; People v. Bartow, 6 Cow. (N. Y.) 290; but not if the party only lends his own money; People v. Brewster, 4 Wend. (N. Y.) 498; nor is merely receiving money on deposit; State v. Ins. Co., 14 Ohio 6; contra, Com. v. Sponsler, 16 Co. Ct (Pa.) 116. A corporation loaning its own money on mortgages is not a banking corporation; Oregon & W. Trust Inv. Co. v. Rathburn, 5 Sawy. 32, Fed. Cas. No. 10,555; nor a firm which does not lend money (except on landed security), discount paper or buy or sell drafts; Scott v. Burnham, 56 111. App. 30. An unincorporated bank owned by a private individual is not a legal entity, though it is conducted by a so-called president and cashier; Longfellow v. Barnard, 59 Neb. 455, 81 N. W. 307; to the same effect, In re Purl's Estate, 147 Mo. App. 105, 125 S. W. 849. See National Banks; Bank Note; Discount; Guarantee Fund; Check; Cashier; Director; Deposit; Officer; Savings Bank.

In criminal law. A punishment inflicted upon criminils, by compelling them to quit a city, place, or country for a specified period of time, or for life. See 4 Dall, 14. It is inflicted principally upon political offenders, “trausportation” being the word used to express a similar punishment of ordinary criminals. Banishment, however, merely forbids the return of the person banished before the expiration of the sentence, while transportation invelves the idea of deprivation of liberty after the convict arrives at the place to which he has been carried. Rap. & L.

crim. law. A punishment inflicted upon criminals, by compelling them to quit a city, place or country, for a specified period of time, or for life. tution, generally incorporated, authorised to receive deposits of money, to lend money, and to issue promissory notes, usually known by the name of bank notes. 3. Banks are said to be of three kinds, viz. of deposit, of discount, and of circulation; they generally perform all these operations.