The Cyclopedic Law Dictionary

A stream which is the outlet of a swamp near the sea. Applied to the creeks in the lowlands lying on the Gulf of Mexico.

Money paid for the maintenance of a beacon. Oomyn, Dig. "Navigation" (H). BEADLE (Saxon, beodan, to bid). A church servant chosen by the vestry, whose business it is to attend the

One who bears or carries a thing. dorsement, and whoever fairly acquires a right to it may maintain an action against the drawer or acceptor.

Such as bear down or oppress others; maintainers.

Words frequently used in pleading and conveyancing to introduce the date which has been put upon an instrument. When, in a declaration, the plaintiff alleges that the defendant mad

Four-footed animals. They were anciently divided into "beasts of the plow," — ^those used in husbandry; "beasts of the chase," — ^the buck, doe, fox, marten, and roe; "beasts of th

In Suffolk, England, imports land and common for one beast. 2 Strange, 1084; Rose. Real Actions, 485.

See "Assault.." BEAUPLEADER (Law Fr. fair pleading). A writ of prohibition directed to the sheriff or other, directing him not to take a fine for beaupleader. There was anciently a

In English law. A crier or messenger of court, who summons men to appear and answer therein. Cowell. An inferior officer in a parish or liberty. See "Beadle."

The jurisdiction of a bedel, as a bailiwick is the jurisdiction of a bailiff. Co. Litt. 234b; Cowell.

That portion of the river which is alternately covered and left bare, as there may be an increase or diminution in the supply of water, and which is adequate to contain it at its a

A fermented liquor, made from any malted grain, with hops and other bitter flavoring matters. A fermented extract of the roots and other parts of various plants, as, spruce, ginger

One who obtains his livelihood by asking alms. The laws of several of the states punish begging as an offense. Words of solicitation are not necessary, but the solicitation may be

Manner of having, holding, or keeping one's self; carriage of one's self, with respect to propriety, morals, and the requirements of law. Surety to be of good behavior is a larger

Conviction of the mind, arising not from actual perception or knowledge, but by way of inference, or from evidence received or information derived from others. It differs from "kno

Actua Uy at war. Applied to nations. Wheat. Int. Law, 380 et seq.; 1 Kent, Comm. 89. The subject of a hostile power. BELLO PARTA CEDUNT REIPUBLIcae. Things acquired in war go to th

Inferior; preliminary. The court below is the court from which a cause has been removed. See "Bail."

A tribunal for the administraguished from counsellors and advocates, who are called the "bar." The term, indicating originally the seat of the judges, came to denote the body of ju

A senior In the Inns of Court, intrusted with their government or direction. The benchers have the absolute and irresponsible power of punishing a barrister guilty of misconduct, b

An order issued by or from a bench, for the attachment or arrest of a person. It may issue either in case of a contempt, or where an indictment has been found. It is so called beca

An ecclesiastical preferment. In its more extended sense, it includes any such preferment; in a more limited sense,

Benefit of discussion (g. v.)

In French law. The right of contribution between sureties.

This, in French, corresponds to the beneficium irir ventarii of Roman law, and substantially to the English-law doctrine that the executor properly accounting is only liable to the

The enjoyment of an estate in one's own right, and for his own benefit, and not as trustee for another. 3 Hurl. & C. 1030.

Profit, benefit, or advantage resulting from a contract, or the ownership of an estate, as distinct from the legal ownership or control. A cestui que trust has the beneficial inter

"A power is beneficial when no person other than the grantee has, by the terms of its creation, any interest in its execution." Rev. St. N. Y. § 79. A power is beneficial if, by th

A term suggested by Judge Story as a substitute for cestui que trust (q. V.) (1 Story, Eq. Jur. § 321), and now quite largely adopted. BENEFICIO PRIMO (more fully, beneficio primo

In Roman law. The power of an heir to abstain from accepting the inheritance. Sandars, Just. Inst. (5th Ed.) 214; Cum. Com. Law, 156. ' BENEFICIUM CEDENDARUM ACTIOnum. The privileg

Benefit of clergy (q. v.)

In Scotch Law. The privilege of retaining a competence belonging to the obligor in a gratuitous obligation. Such a claim oonstitutes a good defense in part to an action on the bond

In Scotch and civil law. A privilege whereby a cosurety may insist upon paying only his tioners (sureties) bind themselves "conjunctly and severally." Ersk. Inst. lib. 3, tit. 3, §

Benefit of inventory {q. v.) BENEFICIUM NON DATUM NISI PROPter officium. A remuneration not given unless an account of a duty performed. Hob. 148.

In Scotch and civil law. The privilege of the surety allowing him to require that the creditor shall take complete legal proceedings against the debtor to exhaust him before he cal

In the civil law. The right to have the goods of an heir separated from those of the testator in favor of creditors.

In civil law. The release of a debtor from future imprisonment for his debts, which the law operates in his favor upon the surrender of his property for the benefit of his creditor

In English law. An exemption of the punishment of death, which the laws impose on the commission of certain crimes, on the culprit demanding it. By modern statutes, benefit of cler

In civil law. The right which a surety has to cause the property of the principal debtor to be applied in satisfaction of the obligation in the first instance. Civ. Code La. arts.

In clvU law. The right of one of several joint sureties, when sued alone, to have the whole obligation apportioned amongst the solvent sureties, so that he need pay but his share.

In civil law. The privilege which the heir obtains of being liable for the charges and debts of the succession, only to the value of the efl Fects of the succession, by causing an

A feudal service rendered by the tenant to his lord with plow and cart. Cowell; Spelman.

Good will; kindness; humanity. It is a broader word than "charity." 19 N. J. Eq. 307; 44 Conn. 60; 11 Mass. 267. In Old English Law. A voluntary gratuity given by the subjects to t

A term of wider and more indefinite meaning than "charitable," and generally held too indefinite to up- BENIGNAE FACIENDAE SUNT INTERpretatlones chartarum, ut res magis valeat quam

pretationes propter simpiicitatem laicorum, ut res magis valtae quam pereat; et verba intentione, non e contra, debent inservire. Cdnstructions should be liberal, on account of the

IN VERBiS general Ibus seu dubiis, est preferanda. The more favorable construction is to be placed on general or doubtful expressions. 4 Coke, 15; Dig. 50. 17. 192. 1; 2 Kent, Comm

A service which certain tenants were anciently bound to perform, as to reap their landlord's corn at harvest. Said by Whishaw to be still in existence in some parts of England. Blo

To give personal property by will to another. 13 Barb. (N. Y.) 106. The word may be construed "devise," so as to pass real estata 36 Me. 216; 119 Mass. 525.

A gift by will of personal property. It is synonymous with "legacy" (g. V.)

A sheep fold; a tan house or heath house, where barks or rinds of trees are laid to tan. Domesday Book; Co. Litt 66.

BEREWICHA, BEREWICHus, berewita, or berwita (Law Lat.) In old English law. A manor, or rather a part of a manor, separated from the main body; a smaller manor, belonging to a large

or BERGMOTH. In old English law. A court for deciding controversies among the Derbyshire miners. Blount; Cowell.

A test used by neurologists consisting in the application of a test tube containing hot water, a test tube containing cold water, a piece of metal which feels cold when applied to

The side opposite the tow path of a canal.

In Saxon law. Burning; the crime of house burning, now called "arson." Cowell; Blount. BERRA (Law Lat.) In old law. A plain; open heath. Cowell; Spelman.

A large farm; the barnyard of a large farm. BES (Lat.; pi. b esses). In the Roman law. A division of the as, or pound, consisting of eight unciae, or duodecimal parts, and amountin

BESAYEL, BESAILE, or BEsaiel (Law Fr). In old English law. A great-grandfather. 1 Bl. Comm, 186. A writ (law Lat. brev. de proavo) which lay where a great-grandfather died seised o

The best evidence ol which the nature of the case admits, not the highest or strongest evidence which the nature of the thing to be proved admits of; e. g., a copy of a deed is not

Carnal connection between a human being and a beast. 10 Ind. 356. See "Buggery."

An agreement that some valuable thing or sum of money, in contributing which all the parties take part, shall become the property of some one or more of them on the happening of so

or BETROTHAL. A contract between a man and a woman that at a future time they will intermarry.

The right which, In a court of equity, a second incumbrancer has who has taken securities against subsequent dealings to his prejudice, which a prior incumbrancer neglected to take

Improvements made to an eetate. It signifies such improvements as have been made to the estate which render it better than mere repairs. 11 Me. 482; 23 Me. 110; 24 Me. 192; 18 Ohio

A grant of land lying between two named lots would not emlsrace either of the named lots. 14 111. 333. When the word "between" is used with reference to a period of time bounded by

Out of the kingdom of England; out of the state; out of the United States. -In England. By St. 3 & 4 Wm. IV. c. 27, no island under the English dominion, and lying adjacent to the

A particular influential power which sways the judgment; the inclination or propensity of the mind towards a particular object. "Bias is not synonymous with 'prejudice.' A man cann

(1) An offer to pay a specified price for an article about to be sold at auction. (2) An offer to do work or furnish materials at a specified price.

or BIDALL. An invitation of friends to drink ale at the house of some poor man, who thereby hopes charitable contribution for his relief. Something like this seems to be what we ca

One who offers to purchase an article offered for sale at a public auction BIELBRIEF (Ger.) In European Maritime Law. A document furnished by the builder of a vessel, containing a

or BIGATA. A cart or chariot drawn with two horses, coupled side by side; but it is said to be properly a cart with two wheels sometimes drawn by one horsfe, and in the ancient rec

In civil law. One who had been twice married, whether both wives were alive at the same time or not; one who had married a widow. Especially used in ecclesiastical matters as a rea

At Common Law. The willfully contracting a second marriage when the contracting party knows that the first is still subsisting. The state of a man who has two ^ives, or of a woman

A book in which bankers, merchants, and traders write a statement of all they owe and all that is due to them. A balance sheet. 3 Mart. (La.; N. S.) 446. The term is used in Louisi

In English law. A writ addressed to a corporation for the carrjang of weights to such a haven, there to weigh the wool that persons, by our ancient laws, were licensed to transport

A contract in which both the contracting parties are bound to fulfill obligations reciprocally towards each other. Lee. Elm. § 781. See "Contract."

Collateral.

Using two languages. A term formerly applied to juries half of one nation and half of another. Plowd. 2. BILL 'Lat. billa). A formal written statement, account, or declaration. The

SINGLE. In contracts. A written unconditional promise by one or more persons to pay to another person or other persons, therein named, a sum of money at a time therein specified. I

A bill of lading. BILLA VERA (Lat. a true bill). The form of words indorsed on a' bill of indictment, when proceedings were conducted in Latin, to indicate the opinion of the grand

In Scotch law. A department of the court of sessions, in which petitions for suspension, interdict, etc., are entertained. It is equivalent to sittings in chambers in the English a

In French law. A contract to furnish a bill of exchange; a contract to pay the value of a bill of exchange already furnished. Guyot, Rep. Univ. Where a person intends to furnish a

Quartering them in the houses of citizens.

In equity practice. One filed in a court of equity praying for an injunction after a judgment at law when there is any fact which renders it against conscience to execute such judg

In equity practice. One which is filed by a mortgagee against the mortgagor, for the purpose of having the estate sold, thereby to obtain the sum mortgaged on the premises, with in

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. 2 Serg. & R. (Pa.) 115, See Read; PI. 236; We

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 Scotch law. A petition in writing, by which a party to a cause applies to the supreme court to call the action out of the inferior court to itself.

An abolished, criminal prosecution. Wharton. See "Battel."

A special act of tried in the courts, and passing sentence of death and attainder upon him. If the act inflicts a less punishment than death, it is called a "bill of pains and pena

A bill prayins for a writ oi certiorari. Sep "Certiorari."

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. See "Costs."

In Constitutional Law. Paper Issued by the authority of a state on the faith of the state, and designed to circulate as money. 11 Pet. (U. S.) 257. Promissory notes or bills issued

An ancient term, including promissory notes and bonds for the payment of money. Comyn, 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 exhibited, or of deeds, writings, or other things

A statement required by the revenue laws of the consignor, consignee, origin, destination, and character of goods entered at the custom house for export or import.

A written statement of objections to the decision of the 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

A written order from one person to another, directing the person to whom it is addressed to pay to a third person a certain sum of money therein named. Byles, Bills, 1. An uncondit

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

or vessel therein named comes from a place where no contagious distempers prevail, and that none of the crew at the time of her departure were infected with any such distemper. It

An act of parliament frequently passed in England for the relief of officers who have not properly qualified, as by failure to take the oath of office, etc. Abbott; Wharton.