A New Law Dictionary and Glossary

Bacberende, Backberend. Sax. Bearing or carrjdng upon the back. A term applied in early English law to a thief caught with the thing stolen upon his back, {latrocinium drferens a t

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 manner, or found carrying

In Scotch law and conveyancing. An instrument equivalent to a declaration of trust in English conveyancing. A deed which, in conjunction with an absolute disposition, constitutes a

In practice. Endorsement. In England, where a warrant of a justice of the peace in one county is to be executed in another, it must first be endorsed by the justice in such other c

Lat. In old English practice. A staff, rod or wand, anciently used in the ceremony of making livery of seisixH where there was no building on the land. Fiat seysina perfustim etper

Baile, Bailie. L. Fr. [from bailler, to deliver.] Delivery of land; livery. Bail de la seisins; livery of seisin. Britt. c. 33. JN'ul bail ne nul seisins; no livery and no seisin.

[L. Fr. haU, baile, bailie; L. Lat. ballium.'] In old law. Safe keeping, or protection; {custodia, protectio, tutela,) ISpelman, voc. Ballium, Co. Litt. 61 b. See Bail, L. Fr. In p

Lat. In old law. Protection, guardianship, safe keeping; bail. In testamento relictus sub baila, seu tutela, (fee.; being left by the will under the bail or protection, &c. Anon, c

In practice. Requiring, authorizing or admitting of bail; entitled to be discharged on bail. A bailable action is one in which a defendant may be obliged either to find bsul on his

In practice. A bond ^ven to the sheriff on the arrest of a defendant upon mesne process in a civil action, in a penalty of double the sum endorsed on the writ, and with a condition

In English law and practice. An auxiliary court of the court o^ Queen's Bench at Westminster, wherein points connected more particularly with pleading and practice are argued and d

[from Fr. ba Uler, to deliver.] A person to whom goods are delivered or bailed for a certain purpose. See Bailment

In Scotch law. A municipal magistrate, corresponding with the English alderman. Brands. micycL Amer. A bailiff; a ministerial officer to whom writs are directed for service. Home's

Baillif. L. Fr. A bailiff; a ministerial officer with duties similar to those of a sheriff. Per viscont ou per autre bailife le roy; by a sheriff, or by another bailiff of the king

Lat. [O. Fr. baillie.] In old law. Protection, custody; bail. Spelman. See Ballium. The office, authority or jurisdiction, (Fr. baillage) of a bailiff, (bailus or balivus.) Id.

Lat. [from balivus, q. v.] In old law. A bailiff's jurisdiction, a bailiwick; the same as bailium. Spelman. See Bailiwick, Balliva.

[L. Lat. balliva, baliva, bailivia, balia, balivatus; L. Fr. baillie. Derived by some from Fr. bailli, a bailiff; and Lat. vicus, a village.] The district or jurisdiction of a bail

Bailer, Bayler. L. Fr. To deliver, commit or entrust. Celles chartres soient bailies a chescun viscont Dengleterre; these charters shall be delivered to every sheriff of England. A

Fr. [from bailler, to deliver.] In old French law. A person to whom a judicial authority and jurisdiction were assigned or delivered by a superior. The term was applied both to tho

Fr. A bailiwick. Britt. c. 76.

[from Fr. bailler, to deliver.] A delivery of goods in trust, upon a contract expressed or implied, that the trust shall be faithfully executed on the part of the bailee. 2 Bl, Com

The party who bails or delivers goods to another, in the contract of bailment. See Bailment.

Fr. A surety. L. Fr. Diet.

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

Bajulus. L. Lat. [Gr. bastazo.] A protector, keeper, guardian, tutor or instructor. An officer at Constantinople, who had the education and care of the Greek emperor's sons. Spelma

Baleuga, Banleuca. See Banleuca.

Lat. In old law. A bailiwick; the district, territory or jurisdiction of a baili£f. Spelman, voc. Balius.

Ballium. L. Lat. [Ital. balio, from Or. ^alsiv, or ^al Xeiv, to commit.] In old Italian law. Protection, guardianship, education. Pupilli qui protectione balii indigere noscantur,

Lat. In old law. A tutor, protector or guardian. Spelman,

Lat. In old English law. A bailiwick, or jurisdiction. Ubh balivam kabeat vel jurisdictionem; where he has a bailiwick or jurisdiction. Stat. Marlbr. c. 2. 2 Inst. 105. See Balliva

Lat. A bailiwick, district, province or county. Spelman. Cowell.

Lat. A biuliwick. See Balliva.

Ballivus. L. Lat. A bailiff. Nullus balivus de cetero ponat aliquem ad legem manifestam; no bailiff shall henceforth put any man to his open law. Magna Charta, c. 28. See Id. c. 35

Balena, (properly Balcsna). L. Lat. A large fish mentioned in Bracton; probably a kind of whale. Bract, fol. 120, 120 b. 1 Bl. Com. 222.

Balium. L. Lat. In old law and practice. Protection, custody, guardianship. Spelman, Infantem dimissum sub ballio et tutela, &c.; sent away when a child under the bail and protecti

Baliva. L. Lat. In old law and practice. A bailiwick; the district or territory under the jurisdiction of a sheriff; a sheriff's county. Co. Litt. 61 b. Infra-nominatus A. B. non e

Balivus, Baillius, Baillivus, L. Lat. [L. Fr. bailife, baillif, bailli.] In old law. A bailiff, baily or bailie; a person to whom some authority or trust is committed or deputed. S

Lat. [from balneum, a bath.] In the Roman law. Thieves, who stole the clothes of bathers in the public baths. Dig. 47. 17. 4 Bl. Com. 239.

Bann: pl. Banns. [L. Lat. bannus, bannum; pl. banni, banna.] In old law. A proclamation or public notice. Any public summons or edict, whereby a thing is commanded or forbidden; a

[L. Lat. bancus; L. Fr. banke, bancke, banque.] Bench; the place where a court permanently or regularly sits. This word is probably an abbreviation of bancus, and is still used, as

Lat. In old English practice. Counters of the bench, sometimes called serjeant counters; advocates or pleaders. Placitantium advocatorum, (quos banci narratores vulgariter appellam

Lat. In old English law and practice. A bench, or high seat; a seat of judgment, or tribunal for the admihistration of justice. See Bench. The original name of the English Court of

Lat. The king's bench, as supposed to be always held coram 17 ipso rege, before the king himself. See Bancus, King's Bench. BANCUS REGIN^. L. Lat. The queen's bench. See Queen's be

In old English law. A public denunciation of a malefactor; the same with what was called hutesium, hue and cry. Spelman. See Hutesium. Bract. fol. 116. According to Cowell, who cit

Miles Banerettus, Benerettus. L. Lat. A banneret or knight banneret. Sjpelman. See Banneret.

Banke, Bancke, Banque, Banky, L. Fr. In old English law. Bench; the bench. The name formerly given in French to the two superior common law courts in England. Bank, {banke, or banq

Banc. [L. Lat. bancus.] In practice. The regular term of a court of law, as distinguished from a sittings at nisi prius. The ancient phrase in banco, sometimes translated in bank o

[from L. Fr. banke, Lat. bancus, a bench, table or counter; and roupt or rout, Lat. ruptus, broken.] In English law. A trader who secretes himself, or does certain other acts tendi

In American law. The meaning of this term remains perhaps to be settled, although the tendency hitherto has been to give it the looser sense of insolvent, or in other words, to use

The act of becoming a bankrupt; the state or condition of a bankrupt.* A status, or condition fixed by legislative provision. 2 Bel Vs Com. 214. A condition following upon the comm

A law for the benefit of the creditors of a bankrupt, (q. v.) and for the relief of the bankrupt himself. A law which, upon a bankrupt's surrendering all his property to commission

Banleuga, Baleuca. L. Lat. [Fr. banlieue; from ban, a territory and huca, a league.] In old law. A space around certain cities, towns, monasteries, &c., distinguished from other gr

Baneret. [L. Lat. hanerettus, miles banerettus.^ In old English law. A name of dignity now nearly, if not entirely, extinct, denoting a degree next after a baron, and before a knig

Lat. [from bannire, q. v.] We ban or expel. The form of expulsion of a member from the University of Oxford; by affixmg the sentence in some public places, as a promulgation of it.

Lat. The bans of matrimony. Spelman, CowelL Bracton uses the singular bannum. Bract. fol. 307 b. See Bannum.

Banniare. L. Lat. [from hannumt q. v.] In old European law. To proclaim; to decree or declare publicly; to publish an edict, decree or proclamation, {bannum.) Bannivimus^ ut unusgu

Lat. [from bannire, q. v.] In old law. Banishment; expulsion by a ban, or public proclamation. Reg. Orig. 312 b. See Bannum. A banning, or putting to the ban. See Bannire.

Banniatus. L. Lat. [from bannire, q. v.] Banished, outlawed. Reg. Orig. 312 b. An outlaw. Pat. 15 Edw. III. Cowell. Blount.

[L. Lat. banni, banna, from Sax. ban, a public notice.] The public proclamation which the law of England requires of the intention of parties to enter into the marriage covenant. S

Lat. [Sax. 6an.] In old European law. An edict, statute or public ordinance; a ban. Pontes qui per bannum fieri solebant; the bridges which used to be established by ban. LL. Longo

Lat. In old law. A proclamation. Bannus regis; the king's proclamation, made by the voice of a herald, forbidding all present at the trial by combat, to interfere either by motion

Fr. A bench; the table or counter of a trader, merchant or banker. Banque route; a broken bench or counter; bankrupt; or in old English, lan Jcerout. See Bankrupt,

Barr. [Fr. harre; L. Lat. harra, exceptio peremptoria.'] In pleading. A special plea, constituting a sufficient answer to an action at law; and so called because it barred, i. e. p

[L. Lat. barra.] In practice. The place in court which counsellors or advocates occupy while addressing the court or jury, and where prisoners are brought for the purpose of being

Lat. In old English law. A barretor, (q. v.) Spelman,

Lat. In old English law. A barkary, or tan house; a place to keep bark for the use of tanners. Cowell, Towns. PL 55.

Barcarium, Berquarium. L. Lat. [Fr. bergerie from berger, a shepherd.] In old English law. a sheepcote or sheepwalk; a berghery. Spelman. Cowell. Barcarius, Barquarius, Berqtuxrius

Barector. L. Lat. In old English law. A barretor, or barrator. Spelman, See Barretor.

Bargia. L. Lat. In old law. A barge. Spelman. Towns. PI. 226.

In conveyancing. The transferring of the property of a thing from one to another, upon valuable consideration, by way of sale. Shep, Touch, (by Preston), 221. The i Dstniment, conv

Lat. In old conveyancing. To bargain; to agree. Towns. PI. 55. Barganizavit et vendidit; he hath bargained and sold. Barganizasset; he had bargained. Reg, Grig, 108.

Fr. and Eng. [L. Lat. baro, q. v.] A lord or nobleman; the most general title of nobility in England. 1 Bl. Com. 398, 399. A particular degree or title of nobility, next to a visco

[L. Lat. baronagium.] In English law. The collective body of the barons, or of the nobility at large. Spelman. voc. Baronagium. P. Cyclopadia.

Barnagium. L. Lat. In English law. The whole body of the barons (integra classis baronum;) the baronage in the king's court answering to the homage in the court of the manor or inf

Fr. Husband and wife. A phrase of constant occurrence in the older law books, and not yet obsolete. Baron, in this connexion, is supposed by Blackstone and other writers, to have t

[L. Lat. baronettus, q. v.] An English name of dignity, which in its etymology imports a little baron. It is an hereditary dignity created by letters patent, and usually descendibl

Baroncellus, Baronulus, Baronculus, Bariculius, Baroniculus. L. Lat. [dimin. of baro, q. v.] In old English law. A baronet; a little or lesser baron. The term occurs in authors of

Baronatus. L. Lat. [from baro, q. v.] In old English law. A barony. The dignity, territory, patrimony or fee of a baron. Spelman, voc. Baro. Co. Litt. 83 b. A manor, or the territo

Lat. A baroness, the wife of a baron. Bract, fol. 361 b.

Fr. Under the protection of a husband; married. 1 Bl. Com. 442. La feme que est covert de baron; the woman which is covert of a husband. Litt. sect. 670. See Baron, Baron d: Ferns.

[L. Lat. barones scaccarii, or de scaccario.]^ The six judges of the Court of Exchequer in England, of whom one is styled the chief baron; answering to the justices and chief justi

[L. Lat. baronia, baronatus.] In English law. The dignity of a baron. Spelman, voc. Baronia. A species of tenure. To hold by barony anciently meant to hold lands by the service of

Lat. [L. Fr. barre.] In old pleading and practice. A bar to an action; a plea containing a sufficient answer to the action; a plea in bar. See Bar. The bar of a court. Apprenticius

Lat. A barrister; a pleader at the bar, {repagularius causidicus.) Blount.

See Barretor.

Fraudulent; having the character of barratry. Story, J. 8 Cranch R. 39.

\L.Lsit.barataria; from Ital. barratria, or tr. barat, deceit, fraud.] In marine insurance. Fraudulent conduct on the part of the master of a vessel, in his character of master, or

In Scotch law. The crime of a judge who receives a bribe for a judgment. Brands. See Barretor.

Barrettor, Barrator, Bar rator, [L. Lat. barector, barectator, baraterius. According to Coke, from Fr. barat, a wrangling suit, a brawl or quarrel; acoording to others, from Fr* ba

Barratry. pL. Lat. barratria, barateria.] In criminal law. The act or oflfence of a barretor, (q. v.); usually called common barretry. The offence of frequently exciting and stirri

(and formeriy) BAR-

Berton. [from bar, a lord, and tun, a land or farm. Spelman, voc. Baro.] A word used in Devonshire, and other parts of England, for the demesne lands (praedium dominicum) of a mano

In old Eng Ush law. Low, or inferior knights, by tenure of a base military fee, as distinguished from baro7is and bannerets, who were the chief or superior knights. CowelL Kennet V

In English law. Any inferior court that is not of record, as a court baron, &c. Kitchin, 95, 96. Cowell.

[Fr. bas estat.] In English law. That estate which base tenants have in their land. Cowell.

In English law. An estate or fee which has a qualification subjoined thereto, and which must be determined whenever the qualification annexed to it is at an end. As in the case of

In old English law. Such services as were only fit for peasants, or persons of a servile rank; as to plough the lord's land, to make his hedges, to carry out his dung, or other mea

[Gr. (Jaai Xe,)^.] King, A title frequently given to the kmg in E:,ngland, in charters before the conquest. In imitation of that assumed by the emperors of the east and west. 1 BL

Lat. [horn Qr. Paai Uxa, royal, or ^aadiog, Basil.] A compilation of Roman and Greek law, in the Greek language, made during the latter part of the ninth and the beginning of the t

Bassa, Basso. L. Lat. In old English law. Low. Bassa haia; a low hed^e. Reg. Orig. 257 b. Bealto et basso; of high and low. A term applied to the absolute submission of all differe