A Dictionary of Law

In old records. Commonalty or yeomanry, in contradistinction to laronuge,

The holder of the first or lowest degree conferred by a college or university, ¢. g., a bavielor of arts, bachelor of law, ete. A kind of inferior knigit; an esquire. A man who has

In forest law. Carrying on the back. One of the cases in which an offender against vert and venison might be arrested, as being taken with the mainour, or

Sax. Bearlng upon the back or about the person. Applied to a thief taken with the stolen property in his immediate possession. Bract. 1, 3, tr. 2, ce. 32. Used with handhabend, hav

In Scotch law. A deed attaching a qualification or condition to the terms of a conveyance or other instrument. This deed is used when particular circumstances render it necessary t

Indorsement; indorsement by a magistrate.

The warrant of a justice of the peace cannot be enfureed or executed outside of his territorial jurisdiction unless a magistrate of the jurisdiction where it is to be executed tndo

in English law. <A term formerly used in conveyances and also in pleading; it imports a yard at the back part of or behind a house, and belonging thereto.

In the language of the stock exchange, this term signifies a consideration paid for delay in the delivery of stock contracted for, when the price is lower for titne than for cash.

In a policy of marine insurance, the phrase “forwards and backwards at sea” means from port to port in the course of the voyage, and not merely from one terminus to the other and b

Water in a stream which, in consequence of some dam or obstruction below, is detained or checked in its course, or flows back. Water caused to flow backward from a steam-vessel by

A rod, staff, or wand, used in old English practice in making livery of seisin where no building stood on the land, (Bract. 40;) a stick or wand, by the erection of which on the la

A term used relatively to the law of fraudulent conveyances, made to hinder and defraud creditors. It is defined aa a fact tending to throw suspicion upon a transaction, and callin

In old English law. One who made a practice of buying corn or yictvals in one place, and carrying them to another to sell and make profit by them.

A certain and customary quantity of goods and merchandise in a sack. Wharton.

A chest orcoffer. Fileta.

». To procure the release of a person from legal custody, by undertaking that he shall appear at the time and place designated and submit himself to the jurisdiction and judgment o

In practice. The sureties who procure the release of a person under arrest, by becoming responsible for his appearance at the time and place designated. Those persons who become su

COMMON. Inpractice. A fictitious proceeding, intended only to express the appearance of a defendant, in cases where special bail is not required. It is putin in the same form as sp

Capable of being bailed; admitting of bail; authorizing or requiring bail. <A bailable aeéion is one in which tie defendant cannot be released from arrest exeept on furnishing bail

Sureties whose liability is conditioned upon the failure of the principal to duly account for money coming to his hands as administrator, guardian, ete. A

In Frenchlaw. A contract by which one of the parties gives to the other cattle to keep, feed, and care for, the borrower receiving half the profit of increase, and bearing half the

In French law. A eontract of letting lands.

In French law. A contract partaking of the nature of the contract of sale, and that of the contract of lease; it is translative of property, and the rent is essentially redeemable.

Inpractice. A bond ex- Logether with olher persons a8 sureties, naming the sheriff, constable, or marshal as obligee, in a penal sum proportioned to the damages claimed or penalty

In English law and "practice. An auxiliary court of the court of queen’s bench at Westminster, wherein points connected more particularly with pleading ‘and practice are argued and

In the law of contracts. One to whom goodsare bailed; the party to whom personal property is delivered under ‘@ contract of bailment.

In the Scotch law. A Dailie is (1) a magistrate having inferior criminal jurisdiction, similar to that of an alderman, (q. v.,) (2) an officer appointed to confer infeoffment, (q.

In English, law. Officers appointed over hundreds, by the sheriffs, to collect fines therein, and summon juries; toattend the judges and justices at the assises and quarter session

In old law. A bailiffs jurisdiction, a bailiwick; the same as badliwm. Spelman. See LBariiwick, In old English law. A liberty, or exclusive jurisdiction, which was exempted from th

The territorial jurisdiction of asheriff or bailiff. 1 11. Comm. 344.

In Canadian law. The unpaid vendor of real estate.

In old French law. One to whom judicial authority was assigned or fielivered by a superior.

A delivery of goods or personal property, by one person to another, in trust for the execution of a special object upon or in relation to such goods, beneficial either to the bailo

The party who baits or deliyers goods to another, in the contract of bailment.

In practice. A formal entry or memorandum of the recognizance or undertaking of special bail in civil actions, which, after being signed and acknowledged by the bail before the pro

In old Scotch law. A poor insolvent debtor, left bare and naked, who was obliged to swear in court that he was not worth more than five shillings and fivepence.

In Scotehlaw. A known term, used to denote one’s whole issue. Ersk. Inst. 8, 8,48. But it is sometimes used ina more limited sense. Bell.

In Scotechlaw. Children's part; a third part of thedefunct’'s frea movables, debts deducted, if the wife survive, and a half if there be no relict. ishable on summary conviction, u

A large fish, called by Blackstone a “whale.” Of this the king had the head and the queen the tail as a perquisite whenever one was taken on the coast of England. 1 BL. Comm. 222,.

Theamount remaining due from one person ta another on a settlement of the accounts involving their mutual dealings; the difference between the two sides (debit and eredit) of an ac

The difference between the value of the exports from and importa into a country.

or BALDAKINIFER. The standard-bearer of the Knights Templar,

Smail galleries of wood or stone on the outside of houses. The erection of them is regulated in London by the building acts.

In Spanishlaw. Wasteland; land that is neither arable nor pasture. White, New Recop. b. 2, tit, 1, c. 6, § 4, and note.

Fr. In Freneh marine law. A buoy.

In the civil law. A teacher; one who has the care of youth; a tutor; 3 guardian. Du Cange; Spelman.

Lat. In old English law. A bailiwick, or jurisdiction.

In marineinsurance, There is considerable analogy between ballast and dunnage. ‘The former is used for trimming the ship, and bringing it down to a draft of water proper and sate f

A toll paid for the privilege of taking up bailast from the bottom of a port or harbor,

An ancient writ to remove a bailiff from his office for want of suificient land in the bailiwiek. Reg, Orig. 78,

In thelaw of elections, A slip of paper bearing the names of the offices to be filled at the particular election and the names of the candidates for whom the elector desires to vot

A case made of wood for receiving ballots.

In the Roman law, Those who stole the clothes of bathera in the public baths. 4 Ll. Comm. 239.

1. In old English and civillaw. A proclamation; a public notice; the an. pronounced. A proclamation of silence made by a erier in court before the meeting of chimpionsincombat. Id.

In Canadian:and old French law. Pertaining toa 6an or privileged place; having qualities or privileges derived from a ban. Thus, a banal mill is one to which the lord may require h

In Canadian law. The tight by virtue of which a lord subjects his vassals to grind at his mill, bake at his oven, ete. Used also of the region within which this right applied. Guyo

Bench; the seat of judgment; the place where a court permanently or regularly sits. The full bench, full court. A "sitting in banc" is a meeting of all the judges of a court, usual

In old English law. Advocates; countors; serjeants. Applied to advocates in the common pleas courts. 1 Bl. Comm. 24; Cowell.

Ital. See Bano. A seat or bench of justice; also, in commerce, a word of Italian origin signifying a bank.

Lat. The king’s bench; the supreme tribunal of the king aftor parliament. 38 Bl. Comm. 41.

The upper bench. The king’s bench was so called during the Protectorate.

Inold Scotch law. A proclamation calling out a military force.

An outlaw; a man danned, or put under a ban; a brigand or robber. Banditti, a band of robbers.

A malefactor. Bract, 1. 1, t. 8, Cole Also a public denunciation of a malefactor; the same with what was called “hutesium,” hue and ery. Spelman.

or BANNERET. In Englishiaw. A knight madein the field, by the ceremony of cutting off the point of his standard, and making it, as. it were, a banner. Knights so made are accounted

Deodands, (gq. 0.}

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 infl

1. A bench or seat; the bench or tribunal occupied by the judges; the seat of judgment; a court. The full bench, or full court; the assembly of all the judges of purpose of hearing

<A sum of money placed with a bank or banker, on deposit, by a customer, and subject to be drawn out on the latter’s check. The statement or computation of the several sums deposit

Eng. Bankrupt; insolvent; indebted beyond the means of payiment.

The business of receiving money on deposit, loaning money, discounting notes, issuing notes for circulation, eollecting money on notes deposited, negotiating bills, etc.

A person who has committed an act of bankruptcy; one who has of his country, he is liable to be proceeded against by his ereditors for the seizure and distribution among them of hi

1. The state or.condition of one who is 2 bankrupt; amenability to the bankrupt laws; the condition of one who has committed an act of bankruptey, and is liable to be proceeded aga

Courts for the administration of the bankrupt laws. The present English bankruptey courts are the London bankruptey court, the court of appeal, and the local bankruptey courts crea

A law relating to bankrupts and the procedure against them in the courts. A law providing a remedy for the creditors af a bankrupt, and for the relief and restitution of the bankru

An old law term, signi- K fying a space or tract of country around a city, town, or monastery, distinguished and protected by peculiar privileges. Spelman.

or BANLIEUE. A French and Canadian law term, having the same L meaning as banleuca, (q. v.)

Sce BANERET.

We ban or expel. The form of expnision of a member from the University of Oxford, by affixing the sentence in some public places, as a promulgation of it. Cowell.

In old law,

A ban, (gq. v.)

Inold Englishlaw. A proc- Jamation. Bannziws regis; the king’s proelamation, made by the voice of 4 herald, forbidding all present at the trial by combat to interfere either by not

A bench; the table or counter of atrader, merchant, or banker. Banque vowte; a broken bench or counter; bankrupt.

A public announcement of an intended marriage, required by the English law to be made ina ehurch or chapel, during service, on three eonseenutive Sundays before the marriage is cel

In€East Indian law. <A Hindoo merchant or shop-keeper. ‘The word is used in Bengal to denote the native who manages the money concerns of a European, and sometimes serves him as an

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 tri

Span. A concubine, whom a man keeps alone in his house, uneonnected with any other woman. Las Partidas, pt. 4, tit. 14. Baratriam committit qui propter pecuniam justitiam baractat.

In old Lombardic law. An uncle, ( patruts.)

Inold Europeanlaw, Money paid to support a barbican or watchtower. tached, or who, although such duties were originally attached to his office, would, on the requisition of his ces

Fr. A wrangling suit. Britt. c. 92; Co. Litt. 368.

In Englishlaw. A fee taken by the sheriff, time out of mind, for every prisoner who is acquitted. Bac. Abr. “Extortion.” Abolished by St. 14 Geo. III. c. 26; 55 Geo. III. c. 50; 8

In conveyancing. The transferring of thelproperty of a thing from one to another, upon valuable consideration, by way of sale. Shep. Touch. (by Preston,) 221. A contract or bargain

The party to a bargain to whom the subject-matter of the bargain or thing bargained for is to go; the grantee ina deed of bargain and sale.

The party to a bargain who is to perform the contract by delivery of the subject-matter.

Issometimes figuratively used to to be expressed, as distinguished from its inner substance or essential meaning. “If the bark makes for them, the pith makes for us.” Bacon.

In linear measure. The third of an inch.

Courts held in certain mining districts belonging to the Duchy of Lancaster, for regulation of the mines, and for deciding questions of title and other matters relating thereto. 8

An inn of chancery. See INNS OF CHANCERY.

An old law term signifying, originally, a “man,” whether slave or free. In later usage, a “freeman,” a “strong man,” a “good soldier,” » “baron;” also a “vassal,” or “feudal tenant