benefit

something that guards, aids, or promotes well-being: advantage, good; useful aid; payment, gift [such as] financial help in time of sickness, old age, or unemployment; or a cash payment or service provided for under an annuity, pension plan, or insurance policy.

Defined by the Supreme Court in Fischer v. United States, 529 U.S. 667 (2000).

Profit, fruit, or advantage. The acceptance of the benefits of a contract estops a party from denying its validity; City of St. Louis v. Davidson, 102 Mo. 149, 14 S. W. 825, 22 Am. St. Rep. 764; Spencer v. Jennings, 139 Pa. 198, 21 Atl. 73; Wood v. Bullard, 151 Mass. 324, 25 N. E. 67, 7 L. R. A. 304; Palmerton v. Hoop, 131 Ind. 23. 30 X. E. 874; Gladstone Exch. Bank v. Keating, 94 Mich. 429, 53 N.- W. 1110; St. Louis & S. F. R. Co. v. Foltz, 52 "Fed. 627.

Advantage; profit; privilege. Fitch v. Bates, 11 Barb. (N. Y.) 473 ; Synod of Dakota v. State. 2 S. D. 366, 50 N. W. 632, 14 L. In A. 418; Winthrop Co. v. Clinton, 196 Pa. 472, 46 AU. 435, 79 Am. St Rep. 729. In the law of eminent domain, it is a rule that, in assessing damages for private property taken or injured for public use, "special benefits" may be set off against the amount of damage found, but not "general benefits." Within the meaning of this rule, general benefits are such as accrue to the community at large to the vicinage, or to all property similarly situated with reference to the work or improvement in question; while special benefits are such as accrue directly and solely to the owner of the land in question and not to others. Little Miami R. Co. v. Collett, 6 Ohio St. 182; St. Louis, etc., Ry. Co., v. Fowler, 142 Mo. 670, 44 S. W. 771; Gray v. Manhattan Ry. Co., 16 Daly, 510, 12 N. Y. Supp. 542; Barr v. Omaha, 42 Neb. 341, 60 N. W. 591.

— Benefit building society. The original name for what is now more commonly called a "building society," (q. v.)

— Benefit of cession. In the civil law. The release of a debtor from fufure imprisonment for his debts, which the law operates in his favor upon the surrender of his property for the benefit of his creditors. Poth. Proc. Civil, pt. 5, c. 2, § 1.

— Benefit of clergy. In its original sense, the phrase denoted the exemption whi,ch was accorded to clergymen from the jurisdiction of the secular courts, or from arrest or attachment on criminal process issuing from those courts in certain particular cases. Afterwards, it meant a privilege of exemption from the punishment of death accorded to such persons as were clerks, or who could read. This privilege of exemption from capital punishment was anciently allowed to clergymen only, but afterwards to all who were connected with the church, even to its most subordinate officers, and at a still later time to all persons who could read, (then called "clerks,") whether ecclesiastics or laymen. It does not appear to have been extended to cases of high treason, nor did it apply to mere misdemeanors. The privilege was claimed after the person's conviction, by a species of motion in arrest of judgment, technically called "praying his clergy." As a means of testing his clerical character, he was given a psalm to read, (usually, or always, the fifty-first,) and, upon his reading it correctly, he was turned over to the ecclesiastical courts, to be tried by the bishop or a jury of twelve clerks. These heard him on oath, with his witnesses and compurgators, who attested their belief in hls innocence. This privilege operated greatly to mitigate the extreme rigor of the criminal laws, but was found to involve such gross abuses that parliament began to enact that certain crimes should be felonies "without benefit of clergy," and finally, by St. 7 Geo. IV. c. 28, § 6, it was altogether abolished. The act of congress of April 30, 1790, § 30, provided that there should be no banefit of clergy for any capital crime against the United States, and, if this privilege formed a part of the common law of the several states before the Revolution. it no longer exists

— Benefit of discussion. In the civil law. The right which a surety has to cause the property of the principni debtor to be applied in satisfaction of the obligation in the first instance. Civ. Code La. arts. 3014-3020. In Scotch law. That whereby the antecedent heir, such as the heir of line in a pursuit against the heir of tailzie, etc., must be first pursued to fulfill the defunct's deeds and pay his debts. This banefit is likewise competent in many cases to cautioners.

— Benefit of division. Same as beneficium divisionis, (q. v.)

— Benefit of inventory. In the civil law. The privilege which the heir obtains of being liable for the charges and debts of the succession, only to the value of the effects of the succession. by causing an inventory of these effects within the time and manner prescribed by law. Civil Code La. art. lO32.

— Benefit societies. Under this and several similar names, in various states, corporations exist to receive periodical payments from members, and hold them as a fund to be loaned or given to members .needing pecuniary relief. Such are beneficial societies of Maryland, fund associations of Missouri, loan and fund associations of Massachusetts, mechanics' associations of Michigan, protection societies of New Jersey. Friendly societies in Great Britain are a still more extensive and important species belonging to this class. Comm. v. Equitable Ben. Ass'n, 137 Pa. 412, 18 Atl. 1112; Co.m. v. Aid Ass'n. 94 Pa. 489.

Good, advantage; fruit, profit, use; aid. As, in the expressions, assignment for the benefit of creditors, common or mutual benefit, benefit of a doubt, of clergy, of copyright, of a law. See Betterment; Use, 2. Only he for whose benefit a thing exists can complain of a non-recognition or abuse of his right; and he who retains the benefit of an act must bear the burden.' He who has enjoyed the fruit of an act cannot afterward deny the existenco or validity of the act— as, that a bond is not valid,* that a law is unconstitutional,^ or an act ultra vires. See Commodum. Benefit society. An association incorporated for the purpose of receiving periodical payments from members, to be loaned or given to such members as may need pecuniary relief. Sometimes called aid, and beneficial, society. Sick benefits. Aid, usually money, given to a person during the period of his illness or disability, on account of membership or insm'ance in a benefit or relief society.* The recognition of a person as a member up to a short time before his death, in connection with the presumption that persons follow such regulations as they are,under, is sufficient evidence of good standing to maintain an action upon a certificate.' When a benefit certificate takes effect, so far as to vest an absolute right to the benefit money, at the death of the party to whom it issued, the same rule should hold which preva Us as to wills and life policies of insurance, viz., that an express designation of the person is conclusive.^ 1 [4 Bl. Com. 107; 3 Kent, 494. » 1 Story, Eq. 12 ed. § 321, note. ' Cowell V. Colorado Springs Co., 100 TT. S. 55 (1879); Jones V. Guaranty, &c. Co., 101 id. 628 (1879); Peoples' Bank v. National Bank, ib. 181 (1879). * United States v. Hodson, 10 Wall, 395 (1870). » Daniels v. Teamey, 102 U. S. 421 (1880); 106 id. 481. • See Poultney v. Bachman, 31 Hun, 49, 62-55 (1883), cases. 'Lazensky u. Knights of Honor, 31 F. E. 592 (1887); Knights of Honor v. Johnson, 78 Ind, 113 (1881). 8 Thomas v. Leake, 67 Tex. 470 (1887), WUlie, C. J. As to beneficiaries generally, see Lamont v. Grand Lodge, 31 F. E. 177, 181 (1887), cases. As to designation of A contract of membership must be read in the light afforded by the constitution and by-laws,' See Accident; Association. Benefits accepted. See Agent; Assumpsit; CONTEACT, Implied; ESTOPPEL. Benefits and burdens. Advantages and disadvantages; profits and losses; rights and duties. See Buedbn. Beneficial. 1. For the assistance of members, as see^ Society, above. 3. Entitled to receive the income or profit, as the beneficial owner of an estate. See Beneficlaet. 3. Contributing to the end in view; supporting or maintaining, rather than restricting or defeating; liberal. See Consteuc- TiON; Statute, Eemedial; Res, 3, Ut, etc. BENEVOLENCE; BENEVOLENT. "Benevolent," of itself, without anything in the context of a will to restrict its ordinary meaning, clearly includes not only purposes which are deemed charitable by a court of equity, but also any acts of kindness, good will or disposition to do good, the objects of which have no relation to technical charities.^ Hence, a devise to be applied " solely for benevolent purposes," in the discretion of a trustee, is not a charity,.. But "benevolent," when coupled with " charitable " or an equivalent word, or used in such connection or applied to such public institutions or corporations as to manifest an intent to make it synonymous with "charitable," has been given effect according to that intent.'* "Benevolence" is wider than "charity," in legal signification, but its meaning may be narrowed by the context.,' "Benevolent," applied to objects or purposes, may refer to such as are charitable or not charitable, in the legal sense. Acts of kindness, friendship, forethought, or good wiU, might properly be described as benevolent. It has therefore been held that gifts to trustees to be applied for "benevolent purposes " at their dis, cretion, or to such "benevolent purposes" as they could agree upon, do not create a public charity... Where the word is used in connection with other words explanatory of its meaning, and indicating the intent of the donor to limit it to purposes strictlj charitable, it has been held to be equivalent to " charitable," * See Association; Charity. ■' Splawn V. Chew, 60 Tex. 634 (1883); 67 id. 472. See also, generally, 22 Cent. Law J. 662-64 (1886), cases; ib. 277, cases. ' Chamberlain v. Steams, 111 Mass. 268-69 (1873) cases. Gray, J.' ' = De Camp v. Dobbins, 31 N. J. E. 695 (1879), Beasley, C. J.; Thomson t>. Norris, 20 id. 523 (1869), cases- 60