A Dictionary of Law

A term suggested by Judge Story as a substitute for cesiud que trust, and adopted to sume extent, 1 Story, Eq. Jur. § 321. Ie that is in possession of a benefice; also a cestui que

In early feudal law. A. benefice; a permanent stipendiary estate; the same with what was afterwards called a “fief,” “feud,” or “fee.” 3 Steph. Comm. 77, note i; Spelman. In the ci

Benefit of clergy, which see.

In civil and Scotch law. The privilege of one of several co-sureties (cautioners) to insist upon paying only his pre rate share of the debt. Bell.

See BENEFIT oF INVENTORY. Beneficium non datum nisi propter officium. Hob. 148. A remuneration not given, unless on account of aduty performed.

Inciviland Scotch law. The privilege of order. The privilege of a surety to require that the ereditor should first proceed against the principal and exhaust his remedy against him,

In the civil law, ‘The right to have the goods of an heir separated from those of the testator Jn favor of creditors,

The original name for what is now more commonly called a “building socicty,” (q. v.) ne

In the civil law. The release of a debtor from future imprisonment for his debts, which the law operates in his favor upon the surrender of his properly for the benefit of his cred

In ita original sense, the phrase denoted the exemption which was aceorded to clergymen from the ing from those courts in certain particular eases. Afterwards, it meant a privilege

In the civil law. ‘The right which a surety has to cause the property of the principal debtor to be applied in satisfaction of the obligation in the first instauce. Civil Code La.

Same ag beneficium divisionis, (gq. 0.)

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 a

Under this and several similar names, in various states, corporations exist to receive periodical payuntary relief. Such are beneficial aoof Maryland, fund associations of Misloan

A feudal service rendered by the tenant to his lord with plow and cart. Cowell,

The doing a kind or helpful action towards another, under no obligation except an ethical one. Is no doubt distinguishable from the words “liberality” and “charity;” for, although

ET AINSI LF

This word is certainly more indefinite, and of far wider range, than “charitable” or “religious;” it would Include all gifts prompted by good-will or kind feeling towards the recip

A gift by will of personal property; a legacy. A specific bequest is one whereby the testator gives to the legatee all his property of a certain class or kind; as all his pure pers

Inold English law, a sheepfold; also a place where the bark of trees was laid to tan.

or BEREWICA. In old English law. A term used in Domesday for a village or hamlet belonging to some town or manor.

In Seotch law. A gift or present mace or left by a tenant to his lord a3 a token of reverencs. Skene.

An officer having charge of a mine. A bailiff or chief officer among the Derbyshire miners, who, in addition to his other duties, executes the office of coroner among them. Blount;

or BERGHMOTE. The ancient name of the court now called “barmote,” (gq. v.)

Persons chosen by the citizens, to have the care and supervision of bridges, and having certain fees and profits belonging to their office, as in the case of London Bridge.

In Saxonlaw. Burning; the erime of house burning, now called “arson.” Cowell; Blount.

In old law. A plain; open heath. Cowell.

A large farm; the barn-yard of a large farm.

Lat. In the Roman law. A division of the @s, or pound, consisting of eight wnete. or duoiecimal parts, and amounting to two-thirds of the as. 2 Bl. Comm. 462, note m. Two-thirds of

BESAYLE. The greatyrandfather, proarus. 1 Bl. Comm. 186.

Besaiel, Besaylo. In old Buglish law. A writ which lay where a great-grandfather died seised of lands and cenements in fee-simple, and on the day of iis death a stranger abated, or

Primary evidence, as distinguished from secondary; original, a3 distinguished from substitutionary; the best and highest evidence of which the nature of the case is susceptible. A

Bet and wager are synonymous terms, and are applied both to the contract of betting or wagering and to the thing or sum bet or wagered. For example, one belts or wagers, or lays a

Mutual promise of marriage; the plighting of troth; a mutual promise or contract between a man and woman competent to make it, to marry at a future time.

The right which, in a court of equity, a second incumbrancer has who has taken securities against subsequent dealings to his prejudice, which a prior insumbrancer neglected to take

Improvements put upon an estate which enhance its value more than mere repairs. The term is also applied to denote the additional value which an estate acquires in consequence of s

In French law. The withdrawal of a cause from the cognizance of an inferior court, and bringing it before another court or judge. In some respects this process resembles the proces

Eng. Expended. Be- BIDDER. One who offers to pay a specifore the Britons and Saxons had introduced fied price tor an article offered for sale at a the general use of money, they tr

In English law. The title of a viceroy, governor general, ambassador, or commander in chief. In America. The title is sometimes given to the chief executive of a state or of the na

From or out of loan. <A term applied in the old law of England to a right of action arising out ofa loan, (commodatium.) Glanv. lib. 10, ¢. 13; 1 tveve, ng. Law, 166. EX COMPARATIO

The ranning of a prescribed period of time to itsend; expiration hy lapse oftime. Particularly applied to the termination of a lease by the expiration of the term for which it was

In Scotch law. The privilege of competency. A privilege which the grantor of agratuitous obligation was entitled to, by which he might retain sufficient for his subsistence, if, be

Nearest or next heirs. The children or descendants of the deceased.

Amaleof the human species who has been ecustrated. See Domat, liv. prcl, tit. 2, § 1, n. 10.

In the civil law. A man who was twice married; one who at different times and successively hus married two wives. 4 Inst. 88. One who has two wives living. One who marries a widow.

The criminal offense of willfully and knowingly contracting a second marriage (or going through the form of a second marriage) while the first marriage, to the knowledge of the off

Fr. Eldest; eldest-born. The term is of common occurrence in the old books. Thus, bastard eigne means an illegitimate son whose parents afterwards marry and have a second son for l

Anobstinate person, or one that

By-laws of towns; municipal laws.

In English law. An obsolete writ addressed toa corporation for the carrying of weights to such a haven, there to weigh the wool anciently licensed for transportation. Reg. Orig. 27

A term, used originally in the civil law, but now generally adopted, denoting a contract in which both the contracting parties are bound to fulfill obligations reciprocally towards

In Scotch practice. <A bill by which the judgment of un inferior court is appealed from, or brought under review of a superior. Bell.

A bill of items rendered by @ creditor to his debtor; an “account rendered,” as distinguished from “an account stated.” gum at a stated time, without any condition. When under seal

In admiralty law and marine insurance. That state or condition of a vessel in which water is freely admitted through holes and breaches made in the planks of the bottom, occasioned

A word used by Britton in the sense of “collateral.” Hn line biline, in the collateral line. Britt. c. 119.

Lat. <A bill; an original bill.

or QUOD BILLA

A billof exchange,

(A true bill.) In old practice. The indorsement anciently made on a bill of indictment by a grand jury, when they found it sufficiently sustained by evidence. 4 Bi. Comm. 306.

In mereantile law. <A book in which an account of bills of exchange E and promissory notes, whether payable or receivable, is stated.

In Scotch law. A department of the court of session in which petitions for suspension, interdict, etc., are entertained. It is equivalent to sittings in chambers in the English and

A soldier’s quarters in a civiljan’s house; or the ticket which authorizes him to occupy them. In French law, A bill or promissory note. Bitilet & ordre, a bill payable toorder,

In old English law. A bill or petition exhibited in parliament. Cowell.

In Frenchlaw. An engagenient to give, at a future time, a bill of exchange, which the party is not at the time prepared to give. Story, Bills, § 2, n.

Quartering them in the houses of private citizens; Hnding quarters for them.

In equity practice. One which is filed by a mortgagee against the mortgagor, for the purpose J of having the estate sold, thereby to obtain the sum mortgaged on the premises, with

A printed form on which K merchants and traders make ont their bills and render accounts to their customers..-

See Bixu, 4.

See Briuz, 4. BILL IN NATURE OF A BILL OF

A bord absolute for the payment of money. It is called also a “single bill,” and differs from a promissory note only in having aseal. 2 Serg. & R. 115.

A written certificate by a merchant or the master or owner of a ship, to the effect that the property and risk in goods shipped on the vessel in his own name belong to another pers

An ancient, but now abolished, method of criminal prosecution. See BATTEL.

A legislative act, directed against a designated person, pronouncing him guilty of an alleged crime, (usnally treason, ) without trial or convietion uccording to the recognized rul

A bill, the object of which is to remove a suit in equity from some inferior court to the court of chancery, ox some other superior court of equity, on account of some alleged incu

In equity practice. One filed by an executor or administrator, who finds the affairs of the deceased s0 much invelyed that he cannot safely administer the estate except under the d

A certified, itemized statement of the amount of costs in an action or suit.

An ancient term ineluding promissory notes and bonds for the payment of money. Com, Dig. “ Merchant,” F. 2.

A bill in equity filed to obtain a discovery of facta resting in the knowledge of the defendant, or of deeds or writings, or other things in his custody or power. Story, Eq. Pl. (5

An account of the goods entered at the custom house, both incoming and outgoing. It must state the © name of the merchant exporting or import-

A formal} statement in writing of the objections or exceptions taken by a party during the trial of acause to the decisions, rulings, or instructions of the trial judge, stating th

A written order from A. to B., directing Is. to pay to C.a certain sum of money therein named. Byles, Bills, 1. An open (that is, unsealed) letter addressed by one person to anothe

In French maritime law. Any written instrument which contains a contract of bottomry, respondentia, or any other kind of maritime joan, There is no corresponding English term. Hall

An official certificate, given by the authorities of a port from which a vessel clears, to the master of the ship, showing the state of the port, as respects the public health, at

In English law. An act of parliament, passed every session until 1869, but discontinued in and after that year, as having been rendered unnecessary by the passing of the promissory

A formal written document accusing a person or persons named of having couimitted a felony or misdemeanor, lawfully laid before a grand jury for their action upon it. If the grand

Inchancery practice. Where a suit is instituted on behalf of the crown or government, or of those of whom it has the custody by virtue of its prerogative, or whose rights are under

The name of a bill in equity to obtain a settlement of a question of right to money or other property adversely claimed, in which the party fling the bill has no interest, although

In common law. The written evidence of a contract for the carriage and delivery of goods sent by sea for Se a cortain freight. 1H. Bl. 359. A written memorandum, given by the porso

An old form of process similar to a capias, issued out of the court of king's bench in personal actions, directed to the sheriff of the county of Middlesex, (hence the name,) and c

A written ee statement or account of the number of deaths which have occurred in a certain district during a given time. In some places, births as well as deaths are included.

A special act of the legislature which inflicts a punishment, less than death, upon persons Bupposed to be guilty of treason or felony, without any conviction in the ordinary cours

A statement sent to the buyer of goods, along with the goods, exhibiting in detail the items composing the — parcel and their several prices, to enable him to detect any mistake or

In prac- = tice. A written statement or specification ant’s set-off against such demand, (including dates, sums, and items in detail,) furnished — by one of the parties to the othe

In equity practice. One which is filed when a person has a right which may be controverted by various persons, at different times, and by different ac tions,

In old English law. A method of proceeding against attorneys and officers of the court not liable to urrest. 3 3). Comm, 289.

In English praetice. The name given, in the mayor’s court of London, to a species of intervention by 4 third person laying claim to the subject-matter in dispute between the partie

In equity practice. One whichis brought to have a decree of the court reviewed, corrected, or reversed,

In equity practice. One which is brought to continue a suit which has abated before its final consummation, a8, for example, by ceath, or mnarriage of a female plaintiff. BILL OF R

A formal and emphatic legislative assertion and declaratiun of popular rights and liberties usually promulgated upon a change of government; particularly the statute 1 W. & M. St.

In contracts. A written agreement under seal, by which one person assigns or transfers his right to or interest in goods and personal chatiels to another.