A New Law Dictionary and Glossary

Fr. and Eng. [from Lat. bipariitus, from bis, twice or double, and partitus, divided.] In conveyancing. Of two parts; divided in two. Litt. sect. 370. An indenture was formerly cal

Burlaws, Byrlaws. [from G«nn. ^BWCf a countryman, and law.^ In Scotch law. Laws made by country people or husbandmen, respecting rural affairs. Skene in Beg. Maj. lib. 4, c. 39, §

Birretus. L. Lat. In old English practice. The cap or coif of a judge or serjeant at law. Spelman. A cap of linen or silk fitting close to the head, {forma ipsius cranii,) mentione

Lat. Twice. Bis petitum; a thing twice demanded. Cro. Jac. 21. Bis idem exigi bona fides non patitur; et in satisfactionibus non permittitur amplius fieri quam semel factum est; go

In old English law. A fine imposed for not repairing banks, ditches and causeways. Blount. Whishaw,

[Lat. episcopus.] In English ecclesiastical law. The chief of the clergy within a diocese, suborainate to the archbishop of the province, to whom he is sworn to pay due obedience.

In English ecclesiastical law. An officer appointed to hold the bishop's court for him, and to assist him in matters of ecclesiastical law. 1 BL Com. 382. Tomlins. Chakcbllor of th

In ecclesiastical law. The diocese of a bishop, or the circuit in which he has jurisdiction; the office of. a bishop. 1 BL Com. 377—382.

[Lat. bissextilis, from bis, twice, and sexti Us, the sixth.] Leap year is so called because in the Roman calendar, frond which it is derived, the sixth day before the calends of M

Lat. [from bis, twice, and sextus, sixth.] In old English law. The added, repeated or increasing day (dies excrescens) of a leap year; in the Roman calendar, the sixth day before t

In English law. The statute of 9 Geo. I. c. 22; so called from the circumstance of its passage having been occasioned by some devastations committed near Waltham, in Hampshire, by

In English law. An old record frequently referred to by Cowell and other early writers.

A rent or tribute formerly paid by the poorer inhabitants of some of the northern counties of England to some powerful Scottish border chieftain {poienti alicui Scoto limitaneo,) i

[L. Lat. redditus nigri.] In old English law. Rents reserved in work, grain, provisions, or baser money, in contradistinction to those which were reserved in white money or silver;

plur. of Bladum, L. Lat. [L. Fr. blees.] In old English law. Com or grain growing, (segetes in herba); growing crops of grain. Spelman. 2 Inst, 81. Glanv, lib. 2, c. 3. Bract, fol.

Lat. [from blada or bladum, qq. v.] In old English law. A corn monger; mealman or cornchandler; a bladier, or engrosser of corn or grain. Blount. 2 Inst. 81.

pl. Blada. L. Lat. [Sax. blad; L. Fr. bled, ble.] In old English law. Corn or grain; especially a growing crop. Spelman. Bract. fol. 223 b, 300 b. Grain cut, or harvested. Una mens

Blanch fearme, Blanch firmey Blanchfarm. [L. Lat. alha firma, firma hlanca."] In old English law.^ White farm, or white rent, {reditus alhus); rent paid in silver and not in cattle

Lat. [from Fr. hlanc, white.] In old law and practice. White, as paper or parchment is, where there is no writing or other mark upon it; otherwise called alhus. See Album hreve. He

[L. Lat. hlancus.] A void space in writing; a part of a deed, record, or other instrument not written upon, or filled up. See Blancus.

In pleading. The old name of a plea in bar, put in in an action of trespass, to oblige the plaintiff to assign the certain place where the trespass was committed; otherwise called

The indorsement of a bill of exchange or promissory note, by merely writing the name, of the indorser, without mentioning any person to whom the bill or note is to be paid; called

[Lat. blasphemia, from Gr. blasphemia, evil speaking or reviling.] In criminal law. An offence against religion, either by denying the being or providence of God; or by contumeliou

In international law. The investment of a seaport by a competent naval force, with the view of cutting off all communication of commerce.* 1 Kent's Com. 1 44 — 146. A sort of circu

[Lat. sanguis; L. Fr. san Jce.l Kindred; relation by natural descent from a common ancestor; consanguinity. Webster. A person is said to be o^^^e blood qi another, when he is desce

Blodwite. [L. Lat. blodwita, blotwyta; from Sax. blod, blood, and wite, an amercement.] In Saxon law. An amerciament for bloodshed, (mulcta effusi sanguinis.) Spelman. Called by Sc

In forest law. The having the hands or other parts bloody, wlych, in a person. caught trespassing m the forest against venison was one of the four kinds of circumstantial evidence

held not to be a ship or vessel. 6 Mason's B. 120, 232.

Sax. A book, or writing; a deed or charter. Boc land, (q. v.); deed or charter land. Land boc; sl writing for conveying land; a deed or charter; a landbook. See Land boc.

Sax. A scribe, notary or chancellor among the Saxons. Crabb's Hist. Eng. Law, 28.

S»x. [quasibo<^hoard,'\ A place where books, writings or evidences were kept. Cowell.

Sax. ' [quasi book-land; L. Lat. terra libraria or hoereditaria,'] In Saxon law. Land held and conveyed by writing, boc, deed or charter; deed land, or charter land, so called to d

See Corpus, Body of a county. See Corpus comitatus,

(or IITCORPO-

A term applied to a corporation, which is usually designated as a body corporate and politic. A body to take in succession framed by policy. Co. Litt. 250 a. Particularly applied i

Boilary, Bullary. [L. Lat. salina.] In old English law. A salt house or salt pit, where salt is boiled. Co. Litt. 4 b. Cro. Jac. 150.

Boys, Boyes. L. Fr. [L. Lat. boscus, q. v.] Wood. Haut bois; high wood. Sub bois; under-wood, or coppice. Cowell, voc. Boscus.

[from Sax. bolt, a house.] In English practice. A term formerly used in the Enghsh inns of court, but more particularly at Gray's Inn, signifying the private arguing of cases, as d

Lat. [from bomhus, Gr. ^ofi^og, the sound of the discharge.] In old law. A gun or cannon. Spelman. Bombardius; a gunner. Towns. PI. 214.

Lat. fplur. of b(mum^ not used; Fr. Wctw.] Goods; personal chattels; moveable property. A term still used in modem law, as in the phrase nulla bona, (q. v.) and others. Like biens,

Lat. [ahl of bona fides, q. v.l In good faith; honestly, without fraud, collusion, or deceit: really, actually, without pretence. This very common term, with the less frequent bonc

Lat. In the civil and common law. Good faith, honesty, sincerity. See Bona fide. Bona fides non patitur ut bis idem exigatur. Good faith does not suffer the same thing to be demand

Lat. [gestura, from gerere, to bear.] In old English law. Good abearing, or good behavior. Jacob. Whishaw. See bearing.

Lat. In Scotch law. The good country; good men of the country; good neighbors. A name given to an assise or jury. Skene de Verb. Signif. Cowell. WMshaw. See Boni homines, Patria.

[Lat. obligatio, scriptum obligatorium.l A deed or instrument under seal, bywhicna person binds or obliges [obligat^ himself, his heirs, executors and administrators, to pay a cert

In English law. Copyholders and customary tenants are sometimes so called. 2 Bl. Com. 148.

Fr. Inold English laif. Qood men (of the jury), Jftrr. c. 1, § 3. 9 Co. pref.

Lat. [L. Fr. bones gents, notables.] In old European law. Good men; a name given in early European jurisprudence to the tenants of the lord, who judged each other in the lord's cou

Lat. In the civil law. Possession of goods; called in Greek praetorian succession. The right of pursuing and retaining the property of a person deceased, not strictly due by the ci

In English law. A table or tariff of duties or customs, sanctioned by the authority of parliament. 1 Chitt. Bl. C(ym. 316, and note.

In English law. A certain number of days in the year in which the tenants of copy hold lords performed base or corporal services for their lord, such as reaping or carrying his com

See Bote. BOOTING or BOTING CORN. Certain rent com, anciently so called. CoweU. Blount.

Sax. A house or cottage, a table. Kennetts' Par. Ant. Spelmaii, voc. Bordarii.

[L. Lat. bordagium, from Sax. bord, a house, cottage or table.] In old English law. A species of base tenure, by which certain lands, (termed bord lands,) were anciently held in En

Bordimanni. L.Lat. [from Sax. hard, or Fr. borde, a house or cottage; a table.] In old English law. Bordmen, bordars, or cottagers. One of the classes of tenants or agncultural occ

Bordhalpenny. [from Sax. bord, a table.] In old English law. Money paid at fairs and markets, for the privilege of setting up tables, boards and stalls for the sale of wares. Spelm

Lat. In old English law. Bordmen. Spelman, voc. Bordarii. Sometimes erroneously written bordvanni. Co, Lilt, 5 b. Blount, See Bordarii,

[from Sax. bord, a table.] In old English law. The demesne lands which lords reserved for the maintenance of their board (bord,) or table; (quod quis habet ad mensam suam.) Bract,

[from Sax. bord, a house.] In old English law. The quantity of food or provisions (otherwise called ferm,) which the bordarii or bordmen paid for their bordland. Cowell.

A tenure of bordlands. Blount, See Bordage.

Borh, Borhoe, Sax. In Saxon law. A pledge, pledge giver, or surety, (Lat. vas, fidejussor.) The name given among the Saxons to the head of each family composing a tithing or decenn

(otherwise Friborgesman.) Sax. [from borg, (q. v.) and man.] In Saxon law. The name given to the head of each family composing a tithing. Gilb. C. Pleas, Introd. note. Spelman, voc

Burghbrech. [Sax. borhbryce, borgbryce, borhbrece, borhbriche; from borh, or borg, a pledge, and bryce, a breach.] In Saxon law. Breach or violation of pledge, (fidejussionis viola

Borghealder, Borghiealder, Borgiealder, Borhoealder, corrupted into Borowholder; BORHESEALDER, corrupted into Borsholder, and Bursholder. Sax. [from bork, a pledge, and alder, elde

(the same as Borh, or Borg.) Sax. A pledge. Corrupted into borow, borough, and burrow. Spelman, voc. BorS' holder.

Borow, Burrough, Burgh. [L.Lat. burgus; L. Fr. burg, bourg, burghi\ In Eitglish law. A word which has been variously defined; as A town. Co. Litt. 108 b. An ancient town. Litt, sec

Borow English, Burgh English. [Sax. borhoe englise.] A particular custom prevailing in certain ancient English boroughs and copyhold manors, by which land descended to the youngest

Borow-head. The chief man, or head of a borough. Cowell, See Head borough.

B(yr<m'holder, See Borhealder, Borsholder.

Bursholder. [corrupted from the Sax. borhesalder, another form of borhealder, borghiealder, or borhoealder, Spelman, Bract. fol. 124 b. See Borhealder.] In English law. The head, c

Eng. and Fr. [L. Lat. boscagium, from boscus, Ital. bosco, a wood.] In English law. The food which wood and trees yield to cattle; browse-wood, mast, &c. Spelman, voc. Boscagium. C

Lat. [Ital. bosco, Flem. bosc, from Gr. ^daxe^y, to feed; Fr. bois,] In old English law. Wood generally; all manner of wood. Co, Litt. 4 b. Reg, Orig, 1 h, 2. Magna Charia, c. 21.

Bota, Bot, Boot, Sax. In Saxon law. A reparation, or making good 'of any damage done; (Lat. emendatio, refec Ho, restauratio.) Spelman. Circ bota, burg bota, brug bota, (qq. v.); t

In old English law. Without amends; without the privilege of making satisfaction for a crime by a pecuniary payment; without relief or remedy, {sine remedio.) Cowell. Blount. This

Lat. In old English law. A booth, stall, or tent to stand in, in fairs or markets. Cowell. Blount.

Lat. [from botha, q. v.] Boothage, or customary dues paid to the lord of the manor, for the pitching and standing of booths in a market or fair. Kennett's Par. Ant. 580, cited in C

Fr. Bottomry. Ceo est bottomage, quant argent est borrow sur le keil del neif, et le neif oblige al payment de ceo, &c.; bottomry is when money is borrowed upon the keel of a ship,

Bottomary, Bottomree. putch bomerie, bodem>ery; Germ, bolmmrei; L. Fr. bottomage; Fr. contrat a la grosse aventure; Lat. fcenus nauticum, pecunia trajectitia.] In maritime law. An

Bouch. L. Fr. Mouth. Ne gist en le bouche; it does not lie in the mouth; i. e. it is not for one to say. Litt. sect. 58. A phrase still used. JEn bouch del lay gents; in the mouth

Notes or memoranda of the purchase and sale of goods, made by the broker efiecting it.* When a broker is employed to buy and sell goods, he is accustomed to give to the buyer a not

[L. Lat. bunda, q. v.] A limit, or enclosing line of lands. In the common phrase "metes and bounds," metes properly signify the angles, corners or turning points, and bounds the li

In English law. Sheriff's officers are so called, from their being usually bound to the sheriff in an obligation with sureties, for the due execution of their office. 1 BL Com. 346

See Bur^essours. BOVATA (or BOVATUS) TERR^. L. Lat. [from hos, an ox; L. Fr. love de terre.] In old English law. An oxgang, or oxgate of land; as much as an ox could ^1, or ffo ove

Lat. In old English law. A place for brewing ale. Bract, fol. 207 b. See Brasitorium.

Fr. An arm of the sea. Britt. c. 33.

Fr. To brew. Kelham. Braceresses; brewers. Britt. c. 30.

Lat. An arm of the sea. See Arm of the sea.

Lat. A gold beater. Towns. Pl. 260.

In criminal law. The punishment of marking convicted felons with a hot iron (in the shape of a letter or otherwise) on the hand or face. Burning in the hand (q. v.) on the allowanc

Lat. [L. Fr. bracer; from brasium, malt.] In old English law. To brew. Domesday. Blount. Brasiator, braciator; a maltster; a brewer. Reg. Orig. 280. Spelman, voc. Brasium. Brasiatr

Braseum, L. Lat. [from Gr. fi^9<Tm, to boil.] In old English law. Malt. Sp Hman, Meg, Orig. Ill, 127.

[Lat. /rocfe'o, infractio, violatio.] The breaking or violating of a law, right or dutj, either by commission or omission. See infra. The breaking, or forcibly passingr through, or

In pleadmg. That part of the declaration immediately preceding the ad damnum clause, in which the vidation of the' defendant's contract is stated. 1 Chitt. PL 332, 374.

In the law of burglary. A substantial and forcible irruption, as by breaking or taking out the glass of a window, or otherwise opening it; picking a lock, or opening it with a key;

Lat. In old English law. A breach, or decay, or any other want of repair. Pat. 16 Ric. II. cited in CowelL

Sax. [from bred, and wite, a fine or penalty.] In Saxon and old English law. A fine, penalty or amercement imposed for defaults in the assise of bread. Kennett's Par. Ant. 114. Cow

In old Irish law. A judje, 1 BL Com. 100. Brehons, {breitheamhuin;) judges.

[Irish, breitha-neimeadh.] The native system of law which prevailed in Ireland, before the conquest by Henry II. 1 Bl. Com. 100. Co. Litt. 141 a. For a particular view of this syst

Bretois. Fr. Britons or Welshmen. Lex de Bretoyse; the law of the Welsh marches. Blount CowelL

(plur. Brevia.) L. Lat. [Fr. brief; 0. Fr. bref brief ve, brieffe; Scotch brieve; from Lat. brevis, brief, short.] In old English law. A writ; properly an original writ, {breve ori