Black's Law Dictionary

Things acquired In war belong or go to the state. 1 Kent, Comm. 101; 5 C. Rob. Adm. 173, 181; The Joseph, 1 Gall. 558, Fed. Cas. No. 7,533. The right to all captures vests primaril

Lat. In public law. Wav. An armed contest between nations; the state of those who forcibly contend with each other. Jus belli, the law of wav.

In practice. Inferior; of Inferior jurisdiction or jurisdiction in the first instance. The court from which a cause is removed for review is called the "court below." Preliminary;

A seat of judgment or tribunal for the administration of justice; the scat occupied by judges in courts; also the court itself, as the "King's Bench," or the aggregate of the judge

In English law. Seniors in the inns of court, usually, but not necessarily, queen's counsel, elected by co-optation, and having the entire management of the property of their respe

See Bench.

Lat. Well; In proper form; legally ; sufficiently.

4 Coke, 26. Blessed ig the exposition when anything is saved from destruction. It is a laudable interpretation which gives effect to the instrument, and does nbt allow its purpose

Fr. In French law. A banefit or advantage, and particularly a privilege given by the law rather than by the agreement of the parties. —Benefice de discussion. Benefit of discussion

Benefit of discussion. The right of a guarantor to require that the creditor should exhaust his recourse agninst the principal debtor before having recourse to the guarantor himsel

Tending to the benefit of a person; yielding a profit, advantage or benefit; enjoying or entitled to a benefit or profit. In re Importers' Exchange (Com. PI.) 2 N. Y. Supp. 257; Re

Another name for a benefit society. See Benefit.

The enjoyment which a man has of an estate in his own right and for his own benefit, and not as trustee for another. 11 H. L. Cas. 271.

An estate in expectancy is one where the right to the possession is postponed to a future period, and is "beneficial" where the devisee takes solely for his own use or benefit, and

Profit, benefit, or advantage resulting from a contract, or the ownership of an estate as distinct from the legal ownership or control.

In New York law and practice. A power which has for its object the donee of the power, and which is to be executed solely for his banefit; as distinguished from a trust power, whic

The right to use and enjoy property according to one's own liking or so as to derive a profit or benefit from it, including all that makes it desirable or habitable, as. light, air

One for whose benefit a trust Is created; a cestui que trust. 1 Story, Eq. Jur. § 321; In re Welch, 20 App. Div. 412, 46 N. Y. Supp. 689; Civ. Code Cal. 1903, § 2218. A person havi

In the law of Louisiana. One who has accepted the succession under the banefit of an inventory regularly made. Civ. Code La. 1900, art. 883. Also one who may accept the succession.

An ancient writ, which was addressed by the king to the lord chancellor, to bestow the benefice that should first fall in the royal glft, above or under a specified value, upon a p

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 civ

In Roman law. The power of an heir to abstain from accepting the inheritance. Sandars, Just. Inst. (5th Ed.) 214.

In Roman law. The privilege by which a surety could, before paying the creditor, compel him to make over to him the actions which belonged to the stipulator, so as to avail himself

Benefit of clergy. See Benefit.

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

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

See Benefit.

Hob. 148. A remuneration [is] not given, unless on account of a duty performed.

In civil and Scotch law. The privilege of order. The privilege of a surety to require that the creditor should first proceed against the principal and exhaust his remedy against hi

In the civil law. The right to have the goods of an heir separated from those of the testator in favor of creditors.

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

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

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 cred

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 proce

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. ar

Same as beneficium divisionis, (q. v.)

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 payments from members, and hold them as a fund to be loaned or given to members .n

The person in whose favor a promissory note or bill of exchange is payable; or any person in whose favor a contract of any description is executed. Arg. Fr. Merc. Law, 547.

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" apd "charity;" for, although

Philanthropic; humane; having a desire or purpose to do good to men; intended for the conferring of benefits, rather than for gain or profit. This word is certainly more indefinite

Those having a philanthropic or charitable purpose, as distinguished from such as are conducted for profit; specifically, "benefit associations" or "beneficial associations." See B

Societies established and registered under the friendly societies act, 1875, for any charitable or benevolent purposes.

Libaral interpretations are to be made of deeds, so that the purpose may rather stand than fall; and every grant is to be token most strongly against the grantor. Wallis v. Wallis,

Constructions [of written instruments] are to be made liberally, on account of the simplicity of the laity, [or common people,] in order that the thing [or subject-matter] may rath

Laws are to be more liberally interpreted, in order that their intent may be preserved. Dig. 13, 18.

4 Coke, 15. The more favorable construction is to ba placed on general or doubtfni expressions.

To give personal property by wlil to another. Lasher v. Lasher, 13 Barb. (N. Y.) 106. This word is the proper term for a testamentary gift of personui property only, the word "devi

A gift by wlll of personui 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

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

A shepherd.

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

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

The ancient name of the court now called "bar-mote," (q. v.)

In Saxon law. Burning; the crime of house burning, now called "arson." Cowell; Blount.

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

A villa or seat of habitation of a nobleman; a dwelling or mansion house; a sanctuary.

A method of anthropometry, used chiefly for the Identification of criminals and other persons, consisting of the inking and recording of a system of numerous, minute, and uniform m

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

Lat. In the Roman law. A division of the as or pound, consisting of eight unciæ or duodecimal parts, and amounting to two-thirds of the as. 2 BL Comm. 462, note m. Two-thirds of an

The great-grandfather, proavus. 1 Bl. Comm. 186.

In old English law. A writ which lay where a greatgrandfather died seised of lands and tenements in fee-simple, and on the day of his death a stranger abated, or entered and kept o

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

Bestiality is the carnal knowledge and connection against the order of nature by man or woman in any manner with a beast. Code Ga. 1882, § 4354. We take it that there is a differen

An agreement between two or more persons that a sum of money or other valuable thing, to which all jointly contribute, shall become the sole property of one or some of them on the

Mutual promlse 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.

See Equity.

An improvement put upon an estate which enhances Its value more than mere repairs. The term ls also applied to denote the additional value which an estate acquires in consequence o

Statutes which provide that a bona fide occupant of real estate making lasting improvements in good faith shall have a lien upon the estate recovered by the real owner to the exten

As a measure or indication of distance, this word has the effect of excluding the two termini Revere v. Leonard, 1 Mass. 93; State v. Godfrey, 12 Me. 366. See Morris & El In Co. v.

This term is properly used to distinguish a sale of liquors to be drunk for the pleasure of drinking, from liquors to be drunk in obedience to a physician's advice. Com. v. Mandevl

O. Eng. Expended. Before the Britons and Saxons had introduced the general use of money, they traded chiefly by exchange of wares. Wharton.

Beyond the limite of the kingdom of Great Britain and Ireland; outside the United States; out of the state. Beyond sea, beyond the four seas, beyond the seas, and out of the realm,

An abbreviation for bonum foetum, a good or proper act, deed or decree; signifies "approved."

Inclination; bent; prepossession; a preconceived opinion; a predisposition to decide a cause or an issue in a certain way, which does not leave the mind perfectly open to convictio

An offer by an intending purchaser to pay a designated price for property which is about to be sold at auction. U. S. v. Vestal (D. C.) 12 Fed. 59; Payne v. Cave, 3 Term, 149; Eppe

An invitation of friends to drink ale at the house of some poor man, who hopes thereby to be relieved by charitable contribution. It is something like "house-warming," i. e., a vis

One who offers to pay a specified price for an article offered for sale at a public auction. Webster v. French, ll 111. 254.

Offers of a designated price for goods or other property put up for sale at auction.

Property sold at auction is said to be "bid in" by the owner or an incumbrancer or some one else who is interested in it, when he attends the sale and makes the successful bid.

One is said to "bid off" a thing when he bids for it at an auction sale, and it is knocked down to him in immediate succession to the bid and as a consequence of it. Ep-pes v. Rail

Germ. In European maritime law. A document furnished by the builder of a vessel, containing a register of her admeasurement, particularizing the length, breadth, and dimensions of

Sp. In Spanish law. Goods; property of every description, including real as well as personal property; nil things (not being persons) which may serve for the uses of man. Larkin v.

A species of community in property enjoyed by husband and wife, the property being divisible equally between them on the dissolution of the marriage; does not include what they hel

Those things which, as to property, pertain to the people or nation, and, as to their use, to the individuals of the territory or district, such as rivers, shores, ports, and publi

This term, in a statute, signifies, not duration of time, but a period for the happening of an event; once in every two years. People v. Tremain, 9 Hun (N. Y.) 576; People v. Kilbo

In English law. Property of every description, except estates of freehold and inheritance. Sugd. Vend. 495; Co. Litt. 119b. In French law. This term includes all kinds of property,

Common property ; those things which, nut being the private property of any person, are open to the use of all, such as the air, rain, water, the sea and its beaches. Lux v. Haggin

In the civil law. A man who was twice married; one who at different times and successively has 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

A cart or chariot drawn with two horses, coupled side to side; but it is said to be properly a cart with two wheels, sometimes drawn by one horse; and in the ancient recerds it is

An obstinate person or one that is wedded to an opinion, in matters of religion, etc.

By-laws of towns; municipal lawn.

A term used in Louisiana, derived from the French. A book in which bankers, merchants, and traders write a statement of all they owe and all that is dne them; a balance-sheet. See

In English law. An obsolete writ addressed to a corporation for the carrying of weights to such a haven, there to weigh the wool anciently licensed for transportation. Reg. Orig. 2

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 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." En line biline, in the collateral line. Britt, c. 119.

Of a double language or tongue; that can speak two languages. A term applied in the old books to a jury composed partly of Englishmen and partly of foreigners, which, by the Englis