Bar

(1) A particular part of the court room. As thus applied, and secondarily in various ways, it takes its name from the actual bar, or inclosing rail, which originally divided the bench from the rest of the room, as well as from that bar, or' rail, which then divided, and now divides, the space Including the bench, and the place which lawyers occupy in attending on and conducting trials, from the body of the court room. Those who, as advocates or counsellors, appeared as speakers in court, were said to be "called to the bar,"' that is, called to appear in presence of the court, as barristers, or persons who stay or attend at the bar of court. Rich. Diet. "Barrister." By a natural transition, a secondary use of the word was applied to the persons who were so called, and the advocates were, as a class, called "the bar." And in this country, since attorneys, as well as counsellors, appear in court to conduct causes, the members of the legal profession, generally, are, called the "bar." (2) The court, in its strictest sense, sitting in full term, i TJius, a civil case of great consequence was not left to be tried at nisi prius, but was tried at the "bar of the court itself," at Westminster. 3 BL Comm. 352. So a criminal trial for a capital offense was had "at bar" (4 Bl. Comm. 351), and in this sense the term "at bar" is still used. It is also used in this sense, with a shade of difference (as not distinguishing nisi prius from full term, but as applied to any term of the court), when a person indicted for crime is called "the prisoner at the bar," or is said to stand at the bar to plead to the indictment. See Merlin, Repert. "Barreau;" 1 Dupin, Prof. d'Av. 451. (3) An obstacle or opposition. Thus, relationship within the prohibited degrees, or the fact that a person is already married, is a bar to marriage. (5) Bar in the old books is sometimes used for "plea in bar." Co. Litt. 303b.

To Actions. A perpetual destruction of the action of the plaintiff. It is the exceptio peremptoria of the ancient authors. Co. Litt. 303 b; Steph. PI. App. xxviii. It is always a perpetual destruction of the particular action to which it is a bar, Doctrina Plac. xxiii. § 1, p. 129; and it is set up only by a plea to the action, or in chief. But it does not always operate as a permanent obstacle to the plaintiff's right of action. He may have good cause for an action, though not for the action which he has brought; so that, although that particular action, or any one like it in nature and based on the same allegations, is forever barred by a well-pleaded bar, and a decision thereon in the defendant's favor, yet where the plaintiff's difficulty really is that he has misconceived his action, and advantage thereof be taken under the general issue (which is in bar), he may still bring his proper action for the same cause; Gould, PI. c. v. § 137; 6 Coke 7, 8. Nor is final judgment on a demurrer, in such a case, a bar to the..roper action, subsequently brought; Gould, PI. c. ix. § 46. And where a plaintiff in one action fails on demurrer, from the omission of an essential allegation in his declaration, which allegation is supplied in the second suit, the judgment in the first is no bar to the second; for the merits shown in the second declaration were not decided in the first; Gould, PI. c. ix. § 45; c. v. § 158. Another instance of what is called a temporary bar is a plea (by executor, etc.) of plene administravit, which is a bar until it appears that more goods have come into his hands, and then it ceases to be a bar to that suit, if true before its final determination, or to a new suit of the same nature: Doctrina Plac. c. xxiii. § 1, p. 130; 4 East 508. Where a person is bound in any action, real or personal, by judgment on demurrer, confession, or verdict, he is barred, that is, debarred, as to that or any other action of the like nature or degree, from the same thing forever. But the effect of such a bar is different in personal and real actions. In personal actions, as in debt or account, trover, replevin, and for torts generally (and all personal actions), a recovery by the plaintiff is a perpetual bar to another action for the same matter. He has had one recovery; Doctr. Plac. c. lxviii. § 1, p. 412. So where a defendant has judgment against the plaintiff, it is a perpetual bar to another action of like nature for the same cause {like nature being here used to save the cases of misconceived action or an omitted averment, where, as above stated, the bar is not perpetual). And inasmuch as, in personal actions, all are of the same degree, a plaintiff against whom judgment has passed ally has in such actions no remedy (no manner of avoiding the bar of such a judgment) except by taking the proper steps to reverse the very judgment itself (by writ of error, or by appeal, as the case may be), and thus taking away the bar by taking away the judgment; 6 Coke 7, S. (For occasional exceptions to this rule, see authorities above cited.) In real actions, if the plaintiff be barred as above by judgment on a verdict, demurrer, confession, etc., he may still have an action of a higher nature, and try the same right again; Lawes, Plead. 39; Stearns, Real Act. See, generally, Bacon, Abr. Abatement, n.; Plea in bar; 3 East -"-±0. A particular part of the court- room. As thus applied, and secondarily in various ways, it takes its name from the actual bar, or enr-Iosins rail, which originally divided the bench from the rest of the court-room, as well as from that bar, or rail, which then divided, and now usually di\ides, the space including the bench and the place which lawyers occupy in attending on and conducting trials, from the body of the court-room. Those who are authorized to appear before the court and conduct the trial of causes. Those who, as advocates or counsellors, appeared as speakers in court, were said to be "called to the bar," that is, called to appear in presence of the court, as barristers, or persons who stay or attend at the bar of court. Richardson, Diet. Barrister. By a natural transition, a secondary use of the word was applied to the persons who were so called, and the advocates were, as a class, called "the bar." And in this country, since attorneys, as well as counsellors, appear in court to conduct causes, the members of the legal profession, generally, are called the bar, and in this sense are employed the terms "members of the bar" and "admission to the bar." The court, in its strictest sense, sitting in full term. Thus, a civil case of great consequence was not left to be tried at nisi prius, but was tried at the "bar of the court itself," at Westminster; 3 Bla. Com. 352. So a criminal trial for a capital offence was had "at bar," 4 id. 351; it is still used in a criminal trial before three judges in the King's Bench Division. It is also used in this sense, with a shade of difference (as not distinguishing nisi prius from full term, but as applied to any term of the court), when a person indicted for crime is called "the prisoner at the bar," or is said to stand at the bar to plead to the indictment. See Merlin, Ripert. Barreau; 1 Dupin, Prof. d'Av. 451. An obstacle or opposition. Thus, relationship within the prohibited degrees, or the fact that a person is already married, is a bar to marriage.

1. A partition or railing running across a court-room, intended to separate the general public from the space occupied by the judges, counsel, jury, and others concerned in the trial of a cause. In the English courts it is the partition behind which all outer-barristers and every member of the publlc must stand. Solicitors, being officers of the court, are admitted within it; as are also queen's counsel, barristers with patents of precedence, and sdrjeants, in virtue of their ranks. Parties who appear in person also are placed within the bar on the floor of the court.
2. The term also designates a particular part of the court-room; for example, the place where prisoners stand at their trial, whence the expression "prisoner at the bar."
3. It further denotes the presence, actual or constructive, of the court. Thus, a trial at bar is one had before the full court, distinguished from a trial had bafore a single judge at nisi prius. So the "case at bar" is the case now before the court and under its consideration; the case being tried or argued.
4. In the practice of legislative bodies, the bar is the outer boundary of the house, and therefore all persons, not being members, who wish to address the house, or are summoned to it, appear at the bar for that purpose.
5.

In another sense, the whole body of attorneys and counsellors, or the members of the legal profession, collectively, are figuratively called the "bar," from the place which they usually occupy in court They are thus distinguished from the "bench," which term denotes the whole body of judges.
6. In the law of contracts, "bar" means an impediment, an obstacle, or preventive barrier. Thus, relationship within the prohibited degrees is a bar to marriage. In this sense also we speak of the "bar of the statute of limitations."
7. It further means that which defeats, annuis, cuts off, or puts an end to. Thus, a provision "in bar of dower" is one which has the effect of defeating or cutting off the dower-rights which the wlfe would otherwise become entitled to in the particular land.
8. In pleading, it denoted a special plea, constituting a sufficient answer to an action at law; and so called because it barred, i. e., prevented, the plaintiff from further prosecuting it with effect, and, if established by proof, defeated and destroyed the action altogether. Now called a special "plea in bar." See Plea in Bar.

A special plea which constitutes an in general, a law set in moor is made a bankrupt, debtor, involuntary where it is law. A space around cerdistinguished from other ground, A degree of honor next after king; otherwise next after outlaw. ■ The bans of matrimony. law. To proclaim; to deedict, decree or proclamaeither to court or to military bannum, or banner. To pro- To expel by a public procfrom a hannum or certain ter- Banishment; expulsion by a or putting to the ban. lato. Banished; outlawed. church on Sunday and during of parties to enter Jbto edict, statute or public ordilimit or precinct of a town; and appurtenances. Banish- A tribute. A proclamamarriage in a church. An Bannum solvat: he shall proclamation. Bannus regis: voice of a herald, forbidding interfere either by motion or counter of a trader, or banker. counter: bankrupt, or in old answer to an action, so called court or jury, and where prisoners are brought for arraignment or sentence; usually designated by a material inclosure of some kind, to which the name of a bar may be given: in England, barristers, except a privileged few, sit and plead without the bar; hence, utter or outer barristers. The presence of the court, either actual or constructive: a case at bar is thus a case presently before the court, — a case under argument The members of the legal profession, collectively, called the bar, from the place which they usually occupy in court Bar fee: a fee formerly taken by the sheriff in England for every accused person acquitted. Baraterinsr^tarator, barector, 1. 1.

In old English law. A barretor, q. v.

1. A partition or railing running across a court-room, intended to separate the general public from the space occupied by the judges, counsel, jury, and others concerned in the trialof acause, In the English courts itis the partition behind which all outer-barristers and every member of the public must stand. Solicitors, being officers of the court, are adinitted within it; as are also queen’s counsel, barristers with patents of precedence, and serjeants, in virtue of theirranks. Parties who appear in person also ure placed within the bar on the tloor of the court. 2. The terra alsodesignates a particular part of the court-room; for example, the place where prisoners stand af their trial, whence constructive, of the court. Thus, a trial at bar is one had before the full court, distinguished from a trial had before a single judge at nisi prius. So the “case at bar” is the case now before the court and under ils consideration; the case being tried or argued. 4. In the practice of legislative boilies, the bar is the outer boundary of the house, and therefore all persons, not being members, who wish to address the honse, or are sul moned to it, appear at the bar for that pur, pose. 5.

In another sense, the whole body of attorneys and counsellors, or the members of the legal profession, collectively, are figuratively ealled the “bar,” from the place which they usually oecupy in court. They are thus distinguished from the “bench,” which term denotes the whole body of judges. 6. In the law of contracts, “bar” means an impediment, an obstacle, or preventive barrier. Thus, relationship within the prohibite degrees is a bar to marriage. 7. It further means that which defeats, annuls, cuts off, or puts an end to. Thus,a provision “in bar of dower” is one which has the effect of defeating or cutting off the dowertights which the wife would otherwise become entitled to in the particular land. 8. In pleading, it denoted a special plea, constituting a sufficient answer to an action at law; and so called because it barred, i. ¢., prevented, the plaintiff from further prose cuting it with effect, and, if established by proof, defeated and destroyed the action altogether. Now called a special “plea in bar.” See Plea in BAR.

A partition running across a court-room, separating the public and outer barristers from the court, attorneys, sergeants. Queen's counsel, officers, and parties appearing in person. At bar: before court; before the ftdl court, as distinguished from nisi prius. Pleas in bar: pleas attacking the right of action on grounds of fact; v. Plea. To bar: to defeat, end, cut off.

Barr. [Fr. harre; L. Lat. harra, exceptio peremptoria.'] In pleading. A special plea, constituting a sufficient answer to an action at law; and so called because it barred, i. e. prevented the plaintiff from further prosecuting it with effect, and, if established by proof, defeated and destroyed the action altogether. Now called a special plea in bar. See Plea in bar. The use of the term bar is common in the old books. Plowd. 26, 28. Co. Litt. 303 b, 372 a. Pleas are divided into dilatories and bars. ITob. 245. Bars again are divided into various kinds. Plowd. ub. sup. Cowell. Bootees Suit at Law, 108, note. A plea of this kind was still more anciently termed by Bracton, after the civilians, ea^cg^^peremptona, a peremptory exception. Bract, fol. 399 b. Fleta, lib. 6, c. 37. See Exceptio. The terms barrer, and barre were in common use in the law language of France in the year 1270, which is about the same period when they first made their appearance in English pleading. Ducanpe, voc. Barra. Steph, PI. Appendix, Note (25).

in actions, is a perpetual destruction or temporary taking away of the action of the plaintitl: In ancient authors it is called exceptio peremptoria. Co. Litt. 303 b; Steph. Pl. Appx. xxvii. When a person is bound in any action real or personal, by judgment on demurrer, confession or verdict, he is barred as to that or any other action, of the like nature or degree for the same thing, for ever; for exrpedit retpublice ut sit finis litium. But there is a difference between real and personal actions. In personal actions, as debt or account, the bar is perpetual, inasmuch as the plaintiff cannot have an action of a higher nature, and therefore in such actions he has generally no remedy but by bringing a writ of error. Doct. Plac. 65; 6 Co. 7, 8; 4 East, 507, 508. But, if the defendant be barred in a real action, by judgment on a verdict, demurrer or confession, &c. he may still have an action of a higher nature and try the same right again. Ib. Lawes Pl. 39, 40. See generally Plea in bar.