Bouvier's Law Dictionary and Concise Encyclopedia

A bond absolute for the payment of money. It is called also a single bill, and differs from a promissory note only in having a seal; Farmers' & Mechanics' Bank v. Greiner, 2 S. & R

A writing signed by a merchant, ship-owner, or master to testify that goods shipped on board a certain vessel are at the venture of another person, he himself being answerable only

In Equity Practice. One praying for a writ of certiorari to remove a cause from an inferior court of equity. Cooper, Eq. 44. Such a bill must state the proceedings in the inferior

In Equity Practice. One filed by an executor or administrator, who finds the affairs of the deceased so much involved that he cannot safely administer the estate except under the d

A statement of the items which form the total amount of the costs of a suit or action. It must be taxed payment of the costs. See Costs; Taxing Costs.

Paper issued by the authority of a state ou the faith of the state, and designed to circulate as money. Briscoe v. Bank, 11 Pet. (U. S.) 257, 9 L. Ed. 709. Promissory notes or bill

An ancient term including promissory notes and bonds for the payment of money. Comyns, Dig. Merchant, F, 2.

In Equity Practice. One which prays for the discovery of facts resting within the knowledge of the person against whom the bill is exhihited, or of deeds, writings, or other things

A written statement of objections to the decision of a court upon a point of law, made by a party to the cause, and properly certified by the judge or court who made the decision.

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

A certificate, properly authenticated, that a certain ship or vessel therein named conies from a place where no contagious distempers prevail, and that none of the crew at the time

A written accusation of one or more persons of a crime or misdemeanor, lawfully presented to a grand jury. If twelve or more members of the jury are satisfied that the accused ough

One which is instituted by the attorney-general or other proper officer in behalf of the state or of those whose rights are the objects of its care and protection. It is usually te

One in which the person exhibiting it claims no right in opposition to the rights claimed by the persons against whom the bill is exhibited, but prays the decree of the court touch

The written evidence of a contract for the carriage and delivery of goods sent by sea for a certain freight. A written acknowledgment of the receipt of certain goods and an agreeme

A fiction by which the King's Bench acquired jurisdiction in ordinary civil suits. The court could proceed by bill against certain officials of the court, or against any persons ac

A written statement or account of the number of deaths which have occurred in a certain district within a given time. See Vital Statistics.

A special act of the legislature which indicts a punishment less than death upon persons supposed to be guilty of high offences, such as treason and felony, without any conviction

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 that if any m

A detailed inaccount of the items of the claim, and shows the manner in which they arose. The plaintiff is required, sometimes under statutory provisions, which vary widely in the

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 actions. It is necessary to alle

In English Law. The form of proceeding against an attorney of the court, who is not liable to arrest. Brooke, Abr. Bille; 12 Mod. 163. It is considered a privilege for the benefit

The claim made by a third person to the subject-matter in dispute between the parties to a suit in the court of the mayor of London. 2 Chitty, Pr. 492; 1 Marsh. 233.

One which is brought to have a decree of the court reviewed, altered, or reversed. It is only brought after enrollment; 1 Ch. Cas. 54; 3 P. Will. 371; Simpson v. Downs, 5 Rich. Eq.

One which is brought to continue a suit which has abated before its final consummation, as, for example, by death, or marriage of a female plaintiff. It is not the commencement of

One which is a compound of a supplemental bill and bill of revivor, and not only continues the suit, which has abated by the death of the plaintiff, or the like, but supplies any d

A formal and public declaration of popular rights and liberties. The document pre-eminently known by that name was the English statute, 1 W. and M., Sess. 2, c. 2 (1689). What was

A writing evidencing the transfer of personal property from one person to another. Putnam v. Mc Donald, 72 Vt. 4, 5, 47 Atl. 159. It is in frequent use in the transfer of personal

A written description of goods, supposed to be inaccurate, but made as nearly exact as possible, furnished by an importer or his agent to the proper officer of the customs, to proc

A license granted to a merchant, permitting him to trade from one English port to another without paying customs.

A bill of exchange accepted, or a promissory note made, by a merchant, whereby he has engaged to pay money. It is so called as being payable by him. An account is usually kept of s

A written obligation by which a debtor acknowledges himself indebted in a certain sum, and binds himself for the payment thereof, in a larger sum. - Bonds with conditions have supe

A bill to guard against possible future injuries and to conserve present rights from possible destruction or serious impairment. The limits of the application of the remedy are not

A promissory note, hill of exchange, or other written instrument for the payment of money at a future day, whi<h a merchant holds. So called because the amounts for which they are

See Assets.

See Marshalling Securities.

One which is brought to secure the testimony of witnesses with reference to some matter which is not in litigation, but is liable to become so. It differs from a bill to take testi

Used to designate a temporary insurance against fire. In effect, an agreement to insure, but taking effect immediately. It is usually unwritten. See Agreement for Insurance.

A term applied to the contract of apprenticeship, which see. The contract must he by deed, to which the infant, as well as the parent or guardian, must be a party, or the infant wi

The act by which a magistrate or court hold to bail a party accused of a crime or misdemeanor. The binding over may be to appear at a court having jurisdiction of the offence charg

Of two parts. This term is used in conveyancing; as, this indenture bipartite, between A, of the one part, and B, of the other part.

BIRRETUS. A cap or coif used formerly in England by judges and sergeants at law. Spelman, Gloss.

The act of being wholly brought Into the world. The conditions of live birth are not satisfied when a part only of the body is born. The whole body must be brought into the world a

him under the statutes of descent and distribution; Carpenter’s Estate, 170 Pa. 208, 32 Atl. 637, 29 L. R. A. 145, 60 Am. St. Rep. 765; Owens v. 6wens, 100 N. 0. 240, 6 S. E. 794;

In England, an ecclesiastical officer, who is the chief of the clergy of his diocese, and is the next in rank to an archbishop. A bishop is a corporation sole; 1 Bla. Com. 469. In

In Ecclesiastical Law. The extent of country over which a bishop has jurisdiction; a see; a diocese.

In English Law. An ecclesiastical court held in the cathedral of each diocese, the judge of which is the bishop's chancellor.

The day which is added every fourth year to the month of February, in order to nial^e the year agree with the course of the sun. By statute 21 Hen. III., the 28th and 29th of Febru

A term used by the old writers to distinguish one parcel of land from another, to avoid ambiguity, as well as the inconvenience of a fuller description. "White acre" is also so use

In English Law. The act of parliament, 9 Geo. II. c. 22. This act was passed for the punishment of certain marauders who committed great outrages disguised and with faces blackened

An ancient book compiled in the reign of Edward III. It has always been deemed of the highest authority in matters concerning the admiralty. It contains the laws of Oleron, at larg

The name of a book kept in the English exchequer, containing a collection of treaties, conventions, charters, etc.

A portion of the full dress of a judge. It is not known when the custom of putting on the black cap when passing sentence of death was introduced into England. Townsend, Man. of Da

A professed gambler, a person who makes a business of betting — not necessarily dishonest, though disreputable: 3 H. & N. 376; 31 L. T. O. S. 217, per Pollock, C. B. In the same ca

A list of names of persons kept for the purpose of prohibiting or recommending against dealings with them. The publication of such a list is libellous per se unless justified or pr

Rents reserved, payable in work, grain, and the like. Such rents were called black mail (reditus nigri) in distinction from white rents (blanche firmes), which were rents paid in s

Rents reserved in work, grain, or baser money than silver. Wbishaw.

GENTLEMAN USHER OF

Growing crops of grain. Spelman, Gloss. Any annual crop. Cowell. Used of crops, either growing or gathered. Reg. Orig. 94 &; Coke, 2d Inst. 81. BLANC SE1GN. It is a paper signed at

A rent reserved, payable in silver.

In Scotch Law. A tenure by which land is held. The duty is generally a trifling one, as a peppercorn. It may happen, however, that the duty is of greater value; and then the distin

A space left in a writing, to be filled up with one or more words to complete the sense. When a blank is left in a written agreement which need not have been reduced to writing, an

See Common Bab.

A policy which contemplates that the risk is shifting, fluctuating, or varying, and is applied to a class of property, rather than to any particular thing. 1 Wood, Ins. § 40. See H

An indorsement which does not mention the name of the person in whose favor it is made. Such an indorsement is generally effected by writing the indorser's name merely on the back

A mode of rending rock and other solid substances by means of explo sives. Blasting rock in the city of New York is necessary and therefore legal; Gourdier v. Cormack, 2 E. D. Sm.

The condition of one who is deprived of the faculty of seeing. Persons who are blind may enter into contracts and make wills like others; Carth. 53; Barnes, 19; Boyd v. Cook, 3 Lei

In International Law. The actual investment of a port or place by a hostile force fully competent, under ordinary circumstances, to cut off all communication therewith, so arranged

Relationship; stock; family. 1 Roper, Leg. 103; 1 Belt, Suppl. Ves. 365. Kindred. Bacon, Max. Reg. 18. 3 Brothers and sisters are said to be of the whole blood if they have the sam

Evidence from the tracking of a prisoner by bloodhounds is not permissible until it is shown that they were reliable and accurate; State v. Adams, 85 Kan. 435, 116 Pac. 608, 35 L.

An amercement for bloodshed. Cowell. The privilege of taking such amercements. Skene. A privilege or exemplion from paying a fine or amercement assessed for bloodshed. Cowell; Term

A name often applied to severe laws for the regulation of religious and personal conduct in the colonies of Connecticut and New Haven; hence any rigid Sunday laws or religious regu

A popular name for acts providing for the regulation and supervision of investment companies, for the protection of the community from investing in fraudulent companies. The first

One who makes a special contract with another person for food with or without lodging. Berkshire Woollen Co v. Proctor, 7 Cush. (Mass.) 424; Pollock v. Landis, 36 la. 651. To be di

See Health; Delegation.

An inservice, subordinates of the commissioner of immigration, whose duties are declared administrative. Its 6 are not binding upon the Secretary of Commerce. The act of congress m

A county board of representatives of towns or townships, under a system existing in Borne states, having charge of the fiscal affairs of the county. This system originated in the s

See Cuambeb of Commerce; Grain.

A boat does not pass by the sale of a ship and appurtenances; Molloy, b. 2. c. 1, § 8; Beawes, Lex. Mere. 50: Starr v. Goodwin, 2 Root (Conn.) 71; Park Ins. 8th ed. 126. But see Br

A place, where books, evidences, or writings are kept. Cowell. These were generally in monasteries. 1 Spence, Eq. Jur. 22.

Alodial lands held by written evidence of title. Such lands might be granted upon such terms as the owner should see fit, by greater or less estate, to take effect presently, or at

A person. Used of a natural body, or of an artificial one created by law, as a corporation. A collection of laws; that is, the embodiment of the laws in one connected statement or

A corporation. This is an early and undoubtedly correct term to apply to a corporation. Co. Litt. 250 a; Ayliffe, Par. 196; Ang. Corp. § 6.

See Corporation. BONA (Lat. bonus). Goods; personal property; chattels, real or personal; real property. Bona et catalla (goods and chattels) includes all kinds of property which a

Goods confiscated or forfeited to the imperial fisc or treasury. 1 Bla. Com. 299.

The Negotiable Instruments Act provides, § 52: A holder in due course is a holder who has taken the instrument under the following conditions: 1. That it is complete and regular up

See Purchaser eor Value without Notice.

Good faith, honesty, as distinguished from mala fides (bad faith). Bona fide. In good faith.

Forfeited goods. 1 Bla. Com. 299.

Good behavior.

Voluntarily; by mutual consent. Used of a divorce obtained by the agreement of both parties.

In Civil Law. Movables. Those things which move themselves or can be transported from one place to another; which are not intended to make a permanent part of a farm, heritage, or

Chattels or goods of sufficient value to be accounted for. Where a decedent leaves goods of sufficient amount (bona notabilia) in different dioceses, administration is granted by t

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

Goods to which no one claims a property, as shipwrecks, treasure-trove, etc.; vacant goods. Bona vacantia belonged, under the common law, to the finder, except in certain instances

Goods thrown away by a thief in his fright for fear of being apprehended. By common law such goods belonged to the crown. 1 Bla. Com. 296.

A term which has not obtained a juridical use distinct from the vernacular, in which it is either taken as a synonym with slavery, or as applicable to any kind of personal servitud

A warehouse for the storage of goods, wares and merchandise, deposited pursuant to law, held under bond for the payment of duties or revenue taxes. Under the act authorizing person

A writ addressed to the sheriff, when a writ of error has been brought, commanding that the person against whom judgment has been obtained be not suffered to remove his goods till

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