A Law Dictionary, Adapted to the Constitution and Laws of the United States

estates. In England _ this term was formerly used in conveyances and even in pleadings, and is still adhered to with reference to ancient descriptions in deeds, in continuing the t

obsolete, from baggage and bagagier, a carrier of bundies; one who buys corn and victuals in one place and sells them in another. Stat. 5 & 6 Edw. 6; 3 Eliz. c.12.

practice, contracts. Bail is civil or criminal; these will be separately considered. 1. Civil bail is that which is entered in civil cases, and is common or special bail. Common ba

practice, is putting in bail to the action, which is an appearance. Bail above are bound either to satisfy the plaintiff, his debt and costs, or to surrender the defendant in custo

contracts, is one to whom goods are bailed. His duties are to act in good faith; he is bound to use extraordinary diligence in those contracts or bailments, where he alone receives

is the district over which a sheriff has jurisdiction; it signifies also the same as county, the sheriff's bailiwick extending over the county. In England, it signifies generally t

contracts. This word is derived from the French, bailler, todeliver. 2 Bl. Com. 451. Jones’s Bailm. 90. Story on Bailm. c.1,§2. It isa compendious expression to signify a contract

contracts, he who bails athingtoanother. The bailor must act with good faith towards the bailee. Story’s Bailm. § 75, 76, 77; permit him to enjoy the thing bailed according to cont

Scottish law. A poor insolvent debtor left bare.

Scottish law. Children’s part; a third part of the defunct’s free movables, debts deducted, if the wife survive, and a half if there be no relict. BALANCE is the amount which remai

comm. law, is the difference between the exports and importations between twocountries. The balance of trade is against that country which has imported more than it has exported, f

a bailiwick or jurisdiction.

English practice. A writ to remove a bailiff out of his office.

mar. law, a toll paid for the privilege of taking up ballast from the bottom of the port. This arises from the property in the soil. 2 Chit. Com. Law, 16.

this word was formerly used to signify a malefactor. Bract. 1.2, t. 8,c. 1.

crim. law. A punishment inflicted upon criminals, by compelling them to quit a city, place or country, for a specified period of time, or for life. tution, generally incorporated,

commerce, is a book which persons dealing with a bank keep, in which the officers of the bank enter the amount of money deposited by him, and of all notes or bills deposited by him

comm. law. A banker is one engaged in the business of receiving other persons’ money on deposit, to be returned on demand, discounting other persons’ notes, and issuing his own for

the state of a man unable to pursue his business and meet his engagements, in consequence of the derangement of his affairs. ‘The constitution of the United States, art. 1, s. 8, a

is the giving public notice or making proclamation of a matrimorial contract, and the intended celebration of the marriage of the parties in pursuance of such contract, to the end

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. Ap

practice, a place in a court where the counsellors and advocates stand to make their addresses to the court and jury; it is so called because formerly it was closed with a bar. Fig

contracts, is an obstacle or opposition. Some bars arise from circumstances and others from persons. Kindred within the prohibited degree, for example, is a bar to a marriage betwe

conveyancing, contracts, is a contract by which a person conveys his lands to another, for a pecuniary consideration. In consequence of this conveyance a use arises to a bargainee,

a lineal measure containing one-third of an inch. Dane’s Ab. c. 211, a. 13,8. 9. The barleycorn was the first measure, with its divisions and multiples, of all our measures of leng

This word has but one signification in American law, namely, husband: we use baron and feme, for husband and wife. And in this sense it is going out of use. In England, and perhaps

crimes, one who has been guilty of the offence of barratry.

maratime law, crimes, is a fraudulent act of the master or mariners, committed contrary to their duty as such, to the aa of the owners of the ship. Fe mer. tom. 1, p. 366; Merlin,

English law. A counsellor admitted to plead at the bar.—Ouster barrister, is one who pleads ouster or without the bar.— Inner barrister, a serjeant or king’s counsel who pleads wit

in contracts, is an exchange, between two or more persons of goods for goods. If an insurance be made upon returns from a country where trade is carried on by barter, the valuation

old English law. The demesne land of a manor; a farm distinct from the mansion.

civil law. This is derived from a Greek word which juris civilis of Justinian, too long and obscure, resolved to abridge it, and under his auspices the work proceeded to the fortie

crim. law. The offence of begetting a bastard child; as, such a man is guilty of fornication and bastardy.

persons, the state or condition of a bastard. The law presumes - every child legitimate, when born of a woman in a state of wedlock, and casts the onus probands (q. v-) on the part

English law. An officer so called from the rod or baton, warden of the Fleet, and attends the king’s courts to take such into custody as are committed by the court.

An officer in Pennsylvania, who has generally the same powers that judges of probate and surrogates have in other states, and the ordinary has in England, in admitting the wills of

in French Bataille; ‘Old English law.. An ancient and barbarous mode of trial, by single combat, called wager of battel, where, in appeals of felony, the appellee might fight with

the sea shore, (q. v.) - BEACON. A signal erected as a sea mark for the use of mariners, and to give warning of the approach tion of the telegraph, the beacon has, been but little

Eng. crim. law, are euch as bear down or oppress others; maintainers. This word is nearly obsolete.

Eng. law, is a cryer or messenger of a court, who cites men to appear and answer. There are also inferior officers of a parish or liberty who bear this name.

is the conviction of the _ mind, arising from evidence received, or from information derived, not from actual perception by our senses, but from the relation or information of othe

Engl. law. When a party neglects to appear upon a subpena, or an attachment in the chancery, a writ bearing this name issues, and if he does not surrender himself by the day assign

a seat of justice. Figuratively, the office of a judge, as, the bench and the bar. One of the superior courts in England is called the Court of the King’ s Bench.. The King’s Bench

crim. law. The name of a process sometimes given to an attachment issued by order of a criminal court, against an individual for some contempt, or for the purpose of arresting a pe

eccles. law, is in its most extended sense, any ecclesiastical preferment or dignity; but in its more limited sense, it is applied only to rectories and vicarages.

civil law. ‘The benefit of inventory is the privilege which the heir obthe value of the effects of the succession, in causing an inventory of these effects within the time and mann

Eng. law. was.an aid given by the subjects to the king under a pretended gratuity, but in reality it was an extortion and imposition. Fons ~ BEQUEST. A gift by last will or testame

contracts. A bid is an offer to pay a stipulated price for an article about to be sold at auction. The bidder has a night to withdraw his bid at any time before it is accepted, whi

contracts. One who makes an offer to pay a certain price for an article which is for sale. The or other property, while being sold at an auction. - The bidder is required to act in

a French word, which signifies property. In law, it means property of every description, except estates of freehold and inheritance. Dane’s Ab. c. 133, a. 3; Com. Dig. h. t. Inthe

crim. law, domestic relations. ‘The state of a man who has two wives, or of a woman who has two husbands living at the same time. When the man has more than two wives, or the woman

legislation, is an instrument drawn or presented by a member toa legislative body for its approbation, so that it may become a law, or its rejection. After it has gone through both

chancery ‘practice, is a complaint in writing addressed to the chancellor, containing the names of the parties to the suit, both complainant and defendant, a statement of the facts

CROSS, in chancery practice... A cross bill is one which. is brought by a defendant in a suit against the plaintiff, respecting the matter in question in that bill.- Coop. Eg. Pl.

SINGLE, contracts, is a writing by which one person or more, promise to another or others, to pay him or them a sum of money at a time therein specified, without any condition. It

SUPPLEMENTAL, chancery practice. A supplemental bill is occasioned by some defect in a suit already instituted, whereby the parties cannot obtain complete justice, to which otherwi

TRUE, vide True Bill.

practice. When an issue arises upon a declaration or peremptory plea, and it is decided in favour of the defendant, the judgment is, in general, that the platatiff take nothing by

practice. When the proceedings of the courts were recorded in latin, and the grand jury found a bill of indictment to be supported by the evidence, they endorsed onit billa vera; n

a man of double tongue, in a Iegal sense is the name of a jury who pass in any case between a citizen and an alien; a jury de medictate lingua. Cunn. Dict. This kind of jury is abo

conwhich a debtor acknowledges himself indebted in a certain sum, say one hundred dollars, and for the payment of the debt binds himself in a larger sum, say two ‘hundred dollars.

com. law, contracts. <A writing signed by a merchant, to testify that the goods shipped on board a certain vessel belong to another person who is to take the hazard, the subscriber

legislation, punishment, is an act of the legislature by which one or more persons are declared to be attainted, and their property confiscated. The constitution of the United Stat

in chancery practice. A bill of certtorarit is one praying the writ of certiorart to remove a cause from an inferior court of equity. Coop. Eq. Pl. 44.

practice, a statement of the items which form the total amount of the costs of a suit or action. This is demandable as a matter of right before the payment of the eosts.

or BILL OB-

against the mortgagor, for the purpose of having the estate sold, and thereby to obtain the sum mortgaged on the premises with interest and costs. 1 Madd. Ch. Pr. 528.

tn commercial law, is a certificate, properly authenticated, that a certain ship or vessel therein named, comes from a place wherein no contagious distempers prevail, and that none

See Indictment.

chancery practice. A bill of information, is a bill instituted in behalf of the state, or those whose rights are the objects of its care and protection. It is commenced by informat

chancery practice. A bill of interpleader, is one in which the person exhibiting it claims no right in opposition to the rights claimed by the person against whom the bill is exhib

merc. law. An account containing in detail the names of the items which compose a parcel or package of goods; it is usually transmitted with the goods to the purchaser, in order th

practice, is a detailed statement of a plaintiff ’s cause of action, or of the defendant’s set-off. In all actions in which the plaintiff declares generally, without specifying his

chancery practice. A bill of revivor is a continuance of the original bill, when by death some party to it has become incapable of prosecuting or defending a suit, or a female plai

English law..A statute passed in the reign of William and Mary, so called because it declared the true rights of British subjects.. W. & M. stat. 2, c. 2. - BILL OF SALE, contracts

chancery practice. A bill quia timet, is one which is filed when a person is entitled to property of a personal nature after another's death, and has reason to apprehend it may be

It is provided by the constitution of the United States, art. 1, s. 10, that no state shall “emit bills of credit, or make any thing but gold and silver coin a tender in payment of

commerce, are engagements which a merchant has entered into in writing and which he is to pay on their becoming due. Pard. n. 85.

commerce, are promissory notes, bills of. exchange, bonds, and other evidences or securities which a merchant or trader holds and which are payable to him. Pard. n. 85.

En pure sacote—53—in his Coat only—in pure Sackcloth. Ga rdassent— 102—support—dcfend. Nest atteintable—113—is not to be attainted—is not attestable. Son peir—116—his equal

the cap or coif of a judge or serjeant at law. Cunn. Dict.

is the act of being wholly brought into the world. The whole the mother, in order to make the birth complete. 5 C. & P. 329; S. C. 24 E.C. L. R. 344; 6C. & P. 349; S.C. 25 E.C. L.

Engl. law, is an act of parliament made in the 9 Geo. 2, which bears this name, to punish certain marauders who committed great outrages, in disguise, and with black faces.

A space left in a writing which ought to have been filled the ambiguity occasioned by blanks may be explained; 2, in what cases it cannot be explained. 1. When a blank is left in a

contract, is an indorsement which does not mention the name of the person in whose favour it is made; it is usually made by writing the name of the indorser on the back of the bill

crim. law, is to attribute to God that which is contrary to his nature, and does not belong to him, and to deny what does. This offence has been enlarged in Pennsylvania, and perha

one who is deprived of the faculty of seeing. Persons who are blind may enter into contracts and make wills like others. Carth. 53; Barn. 19, 238. When an attesting witness becomes

Such wood as by the common law or custom is reputed timber. 2 Inst. 642.

good faith. The law requires all persons io their transactions to act with good faith; anda contract where the parties have not acted bona fide is void at the pleasure of the innoc

Engl. ecclesiastical law, notable goods. When a person dies having at the time of his death goods in any other diocese, besides the goods in the diocese where he dies, amounting to

perishable goods. An executor, administrator or trustee, is bound to use due diligence in disposing of perishable goods, such as fattened cattle, grain, fruit, or any other article

contracts. A premium paid to a grantor or vendor, as, the bank paid a bonus to the state for its charter; a consideration given for what is received.

Itis a work of the mind, written or printed, so large in extent as to form avolume. The copy-right (q- Vv.) or exclusive right to print and publish a book, may be secured to the au

An ancient record made in the time of William the Conqueror, and now remaining in the English exchequer, consisting of two volumes of unequal sizes, containing surveys of the lands

war, is the capture of personal property by a public enemy on land, in contradistinction to prize, which is a capture of such property by such an enemy on the sea. After booty has

Eng. law. This, as the name imports, rclates exclusively to the English law. Itis a custom in many ancient boroughs by which the youngest son succeeds to the burgage tenement on th

Contracts. Is he to whom a thing is lent at his request. The contract of loan confers rights and imposes duties on the borrower. In general, he has the right to use the thing borro

contracts, a recompense, satisfaction, amends, profit or advantage: hence came the word manbote, denoting a compensation for a man slain; lhouse-bote, cart-bote, plough-bote, signi

or bootless, without recompense, reward or satisfaction made; unprofitable or without success.

maritime law, isa contract in nature of a mortgage of a ship, on which the owner borrows money to enable him to fit out the ship, or to purchase a cargo for a voyage proposed; and