The Cyclopedic Law Dictionary

or BACKBEREND. An old English law term for a thief caught with the stolen goods in his possession (upon his back). Spelman; Bracton, 150b.

Commonalty or yeomanry, in contradistinction to baronage. Wharton.

(1) The holder of the first or lowest degree conferred by a college or university, e. g., a bachelor of arts, bachelor of law, etc. (2) A kind of inferior knight; an esquire. (3) A

or BACKWARDATION. A consideration given to keep back the delivery of stock when the price is lower for time than for ready money. Wharton.

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

A bond of indemnification given to a surety. In Scotch Law. A declaration of trust; a defeasance; a bond given by one who is apparently absolute owner, so as to reduce his right to

Indorsement; Indorsement by a magistrate. Backing a warrant becomes necessary when it is desired to serve it in a county other than that in which it was first issued. In such a cas

A yard at the back part of or behind a house, and belonging thereto. The term was formerly much used both in conveyances and in pleading, but is now of infrequent occurrence, excep

That water in a stream which, in consequence of some obstruction below, is detained or checked in its course, or reflows. The term is usually employed to designate the water which

A circumstance attending a transaction tending to throw upon it suspicion of fraud, though not in itself constituting fraud. 64 N. C. 374. An act which, from the common experience

Whatever, connected with the objects of the journey, and not exceeding the limits of reason and custom, a traveller takes with him for his personal use, whether during actual trave

A chest or coffer. Fleta, lib. 2, c. 21. BAIL (Fr. bailler, to deliver). Those persons who become sureties for the appearance of the defendant in court. The delivery of the defenda

An action In which the defendant is entitled to be discharged from arrest only upon giving bond to answer.

Process under which the sheriff is directed to arrest the defendant)- and is required by law to discharge him upon his tendering suitable bail as security for his appearance. A cap

In practice. A specialty by which the defendant and other persons become bound to the sheriff in a penal sum proportioned to the damages claimed in the action, and which is conditi

Contracts. One to whom goods are bailed. See "Bailment."

In Scotch law. An officer appointed to give inf eftment. In certain cases it is the duty of the sheriff, as king's bailie, to act. Generally, any one may be made bailie by filling

A person to whom some authority, care, guardianship, or jurisdiction is delivered, committed, or intrusted. Spelman. A sheriff's officer or deputy. 1 Bl. Comm. 344. A magistrate, w

A deputy bailiff.

In English law. Officers who perform the duties of sheriffs within liberties or privileged jurisdictions, in which formerly the king's writ could not be executed by the sheriff. Sp

In English law. Officers appointed over hundreds, by the sheriffs to collect fines therein, and summon juries; to attend the judges and justices at the assizes and quarter sessions

In English law. Stewards or agents appointed by the lord (generally by an authority under seal) to superintend the manor, collect fines and quitrents, inspect the buildings, order

The jurisdiction of a sheriff or bailiff. 1 Bl. Comm. 344, A liberty or exclusive jurisdiction which was exempted from the sheriflf of the county, and over which the lord appointed

In Canadian law. The unpaid vendor of real estate.

In old French law. A person to whom judicial authority and jurisdiction were assigned or delivered by a superior. BAILMENT (Fr. hailler, to put into the hands of; to deliver). A de

He who bails a thing to another. See "Bailment."

A certificate given by a judge or the clerk of a court, or other person authorized to keep the record, in which it is certified that the bail became bail for the defendant in a cer

In Scotch law. A poor debtor.

In Scotch law. A known term, used to denote one's whole issue. Ersk. Inst. 3. 8. 48. But it is sometimes used in a more limited sense. Bell, Diet.

In Scotch 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.

A large fish, called by Blackstone a "whale." Of this the king had the head and the queen the tail as a perquisite whenever one was taken on the coast of England. Prynne, Ann. Reg.

The amount which remains due by one of two persons, who have been dealing together, to the other, after the settlement of their accounts. "There is a broad distinction between an a

A statement made by merchants and others to show the true state of a particular business. A balance sheet should exhibit all the balances of debits and credits, also the value of m

or BALDAKINIFER. The standard bearer of the Knights Templar. Wharton.

In Spanish law. Vacant land having no particular owner, and usually abandoned to the public for the purposes of pasture. The word is supposed to be derived from the Arabic bait, si

In civil law. A teacher; one who has the care of youth; a tutor; a guardian. Du Cange, "Bajultis;" Spelman.

or BALLIVA. Equivalent to halivatus. Bolivia, a bailiwick; the jurisdiction of a sheriff; the whole district within which the trust of the sheriff was to be executed. Cowell. Occur

Heavy substance carried in the hold of a ship to trim her, and bring her to a safe and proper draft. It differs from "dunnage" {q. v.) 13 Wall. (U. S.) 674. Rock, gravel or other m

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.

A paper bearing the names of candidates for designated offices, and delivered by electors to the election officers in expressing their choice for such offices. It is usually printe

In Old English and Civil Law. A proclamation; a public notice; the announcement of an intended marriage. Cowell. An excommunication; a curse, publicly pronounced; proclamation of s

or BANNAL (Fr.) In old French and Canadian law. Having qualities derived from a ban or privileged space; privileged, A banal mill is one to which the seignior or lord may require h

In Canadian law. The right by virtue of which a lord subjects his vassals to grind at his mill, bake at his oven, etc. Used also of the region within which this right applied. Guyo

In old English law. Advocates; countors; Serjeants. Applied to advocates in the common pleas courts. 1 Bl. Comm. 24; Cowell. BANCUS (Lat.) A bench; the seat or bench of justice; a

In old Scotch law. A proclamation calling out a military force. 1 Pitc. Crim. Tr. pt. 1, p. 205.

A man outlawed; one under ban.

A malefactor. Bracton, lib. 1, tit. 8, c. 1. BANL Forfeited goods; deodand (q. v.)

A punishment inflicted upon criminals, by compelling them to quit a city, place, or country for a specified period of time, or for life. See 4 Dall. (Pa.) 14. It is to be distingui

Bank notes, checks and other securities for money which will be received as cash by the banks in the place where the word is used.

A fund deposited by a customer of a bank into its common cash, to be drawn out by checks from time to time, as the depositor may require. in the depositor's bank book, and the othe

Demand notes of a bank, ■ designed to circulate as money. See 3 Scam. (HI.) 328.

A dealer In capital, — an intermediate party between the borrower and the lendet, — who borrows of one party and lends to another; and the business of banking is, among other thing

Old EJnglish. Bankrupt. BANKER'S ^OTE. A promissory note given by a private banker or banking institution not incorporate, but resembling a bank note in all other respects. 6 Mod.

A promissory note, payable on demand to the bearer, and intended to circulate as money, made and issued by a person or persons acting as bankers, and authorized by law to issue suc

(See "Banque.") A person against whom an involuntary petition or an application to set a composition aside has been filed, or who has filed a voluntary petition, or who has been ad

The state or condition of a bankrupt. See "Insolvency." (q. v.)

A certain space surrounding towns or cities, distinguished by peculiar privileges. Spelman. It is the same as the French banlieue.

In Canadian law. See "Banleuca."

or BANE RET. One knighted on the field. So called, according to Wharton, from the formula of cutting off the point of his standard, so as to make it a banner. BANNI NUPTIARUM (Law

AD MOLENdlnum. To summon tenants to serve at the lord's courts, to bring corn to be ground at his mill.

One outlawed or banished. Calv. Lex.

A ban. (g. v.) lamation, made by the voice of a herald forbidding all present at the trial by combat to interfere, either by motion or word, whatever they might see or hear. Bracto

A bench; the table or counter of a trader, merchant, or banker. Banque route, a broken bench or counterbankrupt, or, in old English, bankerout. '

Public notice or proclamation of a matrimonial contract, and the intended celebration of the marriage of the parties in pursuance of such contract, to the end that persons objectin

(1) A particular part of the court room. As thus applied, and secondarily in various ways, it takes its name from the actual bar, or inclosing rail, which originally divided the be

In old Lombardlc law. An uncle (patruus). Spelman.

Money paid to support a barbican or watch tower.

See "Trustee." BARET (Law Fr.) A wrangling suit. Britt. c. 92; Co. Litt. 368b.

In English law. A fee taken by the sheriff, time out of mind, for every prisoner who is acquitted. Bac. Abr. "Extortion." BARAGARIA (Spanish). A concubine. BARATRIAM COMMITTIT QUI

An agreement between parties concerning the sale of property; or a contract, by which one party binds himself to transfer the right to some property for a consideration, and the ot

A contract or bargain by the owner of land, in consideration of money or its equivalent paid, to sell land to another person, called the "bargainee," whereupon a use arises in favo

The grantee of an estate in a deea of bargain and sale; the person to whom property is tendered in a bargain.

The person who makes a bargain; he who is to deliver the property and receive the consideration.

The third of an Inch. Wharton.

Courte held In certain mining districts belonging to the Duchy of Lancaster, for regulation of the mines, and for deciding questions of title and other matters relating thereto. 8

A man, whether slave or free. Si quis homicidium perpetraverit in barone libra seu servo, if any one shall have perpetrated a murder upon any man, slave or free. A freeman or freed

A general titl& of nobility (1 Bl. Comm. 398); a particular title of nobility, next to that of viscount; a judge of the exchequer (Cowell; 1 Bl. Comm. 44). A husband. In this sense

The nobility generally; the collective body of barons.

An English Otle of dignity. It is an hereditary dignity, descendible, but not a title of nobility. It is of very early use. Si)©lman; 1 Bl. Comm. 408.

Man and woman; husband and wife. It is doubtful if the words had originally in this phrase more meaning than man and woman. The vulgar use of man and woman for husband and wife sug

wich, Romney, Hastings, Hithe and Dover, Winchelsea and Rye.

The judges of the exchequer. See "Exchequer."

The dignity of a baron; a species of tenure; the territory or lands held by a baron. Spelman.

A quantity of land amounting to fifteen acres. In Ireland, a subdivision of a county.

or BAR RE. In old practice. A plea in bar. Dyer, 56. The bar of the court; a barrister. Co. Litt..372a; 1 Ld. Raym. 595.

One -who commits barratry. BARRATRY (Fr. barat, bamterie, robbery, deceit, fraud). In Criminal Law. Common barratry is the offense of frequently exciting and stirring up quarrels a

A debt which bears no interest.

Sterility in a female; the incapacity to produce a child.

In English law. A counsellor admitted to plead at the bar. Inner Barrister. A Serjeant or king's counsel who pleads within the bar. Ouster Barrister. One who pleads ouster, or with

A contract by which parties exchange goods for goods. It differs from a sale in that a barter is always of goods for goods; a sale is of goods for money, or for money and goods. In

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

Knights by tenure of a base military fee, as distinguished from bannerets, who were the chief or superior knights. Kennett, Par. Ant.; Blount.

In English law. Any inferior court that is not of record, as a court baron, etc. Kitch. Cts. 95, 96; Cowell.

The estate which "base tenants" (q. v.) have in their land. Cowell.

A fee which has a qualification annexed to it, and which must be determined whenever the annexed qualification requires. A grant to A. and his heirs, tenants of Dale, continues onl

In Scotch law. A subordinate right; the right of a subvassal in the lands held by him. Bell, Diet.

Such services as were and those of servile rank. 2 Bl. Comm. 62; 1 Washb. Real Prop. 25,

(1) Tenants who held their lands at the ■will of their superior lord, as distinguished from "frank tenants" (g. v.), who were freeholders. (2) Tenants who rendered to their lords s

A tenure by villeinage, or other customary service, as distinguished from tenure by military service, or from tenure by free service. Cowell.

The title of the Etnperor Justinian in Novs. 2. 3. 4. 6. et seq., and sometimes applied to the king of England, in charters prior to the Norman conquest. 1 Bl. Comm. 242.