The Cyclopedic Law Dictionary

Good behavior.

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

Good memory. Used chiefly in respect to testamentary capacity. Abbott.

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

In Scotch law. An assize or jury of countrymen or good neighbors. Bell, Diet.

Perishable goods. perishable goods, such as fattened cattle, grain, fruit, or any other article which may be worse for keeping. Bac. Abr. "Executors;" 1 Rolle, Abr. 910; 5 Coke, 9;

In English law. Goods of outlaws. Hale, Anal. § VIII.

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

Goods waived or thrown away by a thief in his fright for fear of being apprehended. Such goods belong to the sovereign. 1 Bl. Comm. 296. BONAE FIDEI (Lat.j In good faith.

A sealed obligation to pay money, either absolutely or conditionally. 2 Serg. & R. (Pa.) 502; 11 Ala. 19; 1 Harp. (S. C.) 434; 1 Blackf. (Ind.) 241; 6 Vt. 40; 1 Baldw. (U. S.) 129;

Is a term which has not obsynonym with "slavery,'' or as applicable to any kind of personal servitude which is involuntary in its continuation.

An agreement to make title in the future. National, etc., Co. V. Three States, etc., Co. 217 111. 122; Langlois V. Stewart, 156 111. 612.

A surety on a bond.

In English law. Copyholders and customary tenants are sometimes 60 called. 2 Bl. Comm. 148.

In Old English law. Good men. BONI HOMINES (Law Lat.) In old European law. Good men; a name given, In early European jurisprudence, to the tenants of the lord, who judged each othe

ne lis ex lite oritur, et interest reipublicae ut sint fines litium. It is the duty of a good judge to prevent litigations, that suit may not grow out of suit, and it concerns the

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

In the Roman law. Right of possession. Hence bonitarian ownership was an equitable title or special property, as distinguished from quiritarian ownership, that in accordance vnth t

A special writ of jail delivery, which formerly issued of

Lat. Possession of goods or property by edict. Inst. 3, 5, 8, 9, 10; Digs. 3, 28, 37, 38, 43. BONUM DEFENDENTIS EX INTEGRA causa; malum ex quollbet defectu. The good of a defendant

Something over and above, something additional, by way of compensation for something done or omitted; something not a gratuity, but beyond what is regularly due. 16 Wal. 471; 24 Co

A general name given to every literary composition which is printed, but appropriately to a printed composition bound in a volume. A book may consist of but one page, and need not

A statutory remedy existing in several states for the collection of a debt evidenced by entries in books of account.

In English law. Land, also called charter land, which was held by deed under certain rents and fee services, and differed in nothing from free socage land. 2 Bl. Comm. 90. See 2 Sp

The records of a surrogate's court.

In Scotch law. The records of the court of judiciary. by parliament. 1 Sharswood, Bl. Comm. 316; Jacob.

In Scotch law. An account which the director of the chancery keeps particularly to note a seizure when he gives an order to the sheriff in that part to give it to an heir whose ser

Certain days in the year on which copyhold tenants were bound to perform certain services for the lord. Called, also, "due days." Whishaw.

or BOTE. An old Saxon word, equivalent to "estovers." Brownl. & G. 170. BOOTING (or BOTING) CORN. Certain rent corn, anciently so called. Cowell; Blount.

Personal property captured by a public enemy on land, in contradistinction to "prize," which is such property captured by such an enemy on the sea. After booty has been in complete

An old Saxon word, signifying a cottage; a house; a table.

A species of base tenure by which bord lands were held. The tenants were called bordarii (q. v.)

OP BORDIMANNI. In old English law. Tenants of a less senrile condition than the villani, who had a. bora or cottage, with a small parcel of land, allowed to them, on condition they

BORGHBRECH, or burghbrech. In Saxon law. Breach or violation of pledge (fide jussionis violatio); pledge-breach (plegii fractio). Spelman. The offense of violating the horg, or ple

A process granted by a judge ordinary, on either side of the border between England and Scotland, for arresting the person or effects of a person living on the opposite side, until

A customary small toll paid to the lord of a town for setting up boards, tables, booths, etc., in fairs or markets.

Lands held in bordage. The demesnes which the lords keep in their hands for the maintenance of their bord or table. Cowell.

A tenure of bord lands.

Country people; derived from the French.bourre (Lat. floccus), a lock of wool, because they covered their heads with such stuff. Blount. BORG (Saxon). Suretyship. Borgbriche (viola

In old Scotch law. A pledge or surety given by the seller of goods to the buyer, to make the goods forthcoming as his own proper goods, and to warrant the same to him. Skene de Ver

In the old sense of the word, borough is "an ancient towne, holden of the king or any other lord, which sendeth burgesses to the parliament." Litt. § 164; Co. Litt. 109a. Many of t

In English law. Private courts of limited jurisdiction held in particular districts by prescription, charter, or act of parliament, for the prosecution of petty suits. 19 Geo. III.

A custom prevalent in some parts of England, by which the younger son inherits the estate in preference to his older brothers. 1 Bl. Comm. 75. ' The custom is said by Blacktone to

or BOROW-HEAD. The chief man or head of a borough. Cowell. See "Headborow."

The chief municipal ofl Bcer in towns unincorporated before the municipal corporations act (5 & 6 Wm. IV. c. 76).

Courts established in boroughs under the municipal corporations act (5 & 6 Wm. IV. c. 76, amended by 6 & 7 Wm. IV. c. 105, and 6 & 7 Vict. c. 89). They are held by the recorders of

To obtain the use of the property of another, with an agreement to return the same, ordinarily in specie, but where, as in case of money, the nature of the case does not admit of i

In old Scotch law. A pledge. Skene de Verb. Sign. voc. "Forensis."

He to whom a thing l8 lent at his request. As used in usury laws, it includes any person who is a party to the original con- Y.) 329; 7 Hill (N. Y.) 391; 75 N. Y. 516, 523, 31 Am.

A corruption of borhesalder, another form of borhealder. Spelman. In Saxon Law. The borough's ealder, or head borough, supposed to be the most discreet man in the borough, town, or

That food which wood and trees yield to cattle. To be quit of boscage is to be discharged of paying any duty of wind-fall wood in forest. Whishaw; Manw. For. Law. BOSCARIA (from La

Wood growing; wood; both high.wood or trees, and underwood or coppice. The high wood is properly called saltus. Cowell; Spelman; Co. Litt. 5a.

A recompense or compensation. The common word "boot" comes from this word. Cowell. The term is applied as well to making repairs in houses, bridges, etc., as to making a recompense

In old English law. Without amends; without the privilege of making satisfaction for a crime by a pecuniary payment; without relief or remedy. Cowell; Blount. The word (written "bo

In old English law. A booth, stall, or tent to stand in, in fairs or markets. Cowell; Blount. soil for the pitching or standing of booths in fairs or markets.

BUTHNA, or BOTHENA. In old Scotch law. A park where cattle are inclosed and fed. Bothna also signifies a barony, lordship, etc. Skene de Verb. Sign. BOTTOMAGE (Law Fr.) Bottomry. L

A contract in the nature of a mortgage, by which the owner of a ship, or the master, as his agent, borrows money for the use of the ship, and for a specified voyage, or for a defin

or BUDGE OF court. A certain allowance of provision from the king to his knights and servants that attended him in any military expedition. The French avoir bouche a ccnirt, is to

A symbol which gave seisin of land, to hold of the donor in capite.

A written memorandum of a sale, delivered by the broker who effects the sale, to the vendee. Story, Ag. § 28; 11 Adol. & E. 589; 8 Mees. & W. 834. Bought and sold notes are made ou

A public drive, adapted a street, avenue, or highway, though a carriage way over it be a chief feature. 52 How. Pr. (N. Y.) 440. Originally "boulevard" was a bulwark or rampart of

Any separation, natural or artificial, which marks the confines or line of two contiguous estates. Hunt, Boundaries. The term is applied to include the objects placed or existing a

A sheriff's officer, who serves writs and makes arrests. He is so called because bound to the sheriff for the due execution of his office. 1 Bl. Comm. 345.

A tree marking or standing at the corner of a field or estate.

Visible marks or objects at the ends of the lines drawn in surveys of land, showing the courses and distances.

An additional benefit conferred upon, or a compensation paid to, a class of persons. It differs from a reward, which is usually applied to a sum paid for the performance of some sp

Lands given away by the government by way of bounty.

A royal charter confirmed by St. 2 Anne, c. 11, providing for the forming a perpetual fund for the.augmentation of poor ecclesiastical livings. Wharton. BOURQ (Pr.) In old French l

Inthe Prench law. An aggregation, sanctioned by government, of merchants, captains of vessels, exchange agents, and courtiers, the two latter being nominated by the government, in

or BOUWERIE (Dutch). A farm.

or BOUWMASTER (Dutch). A farmer.

As much land as one ox can cultivate. Said by some to be thirteen, by others eighteen, acres in extent. Skene de Verb. Sign.; Spelman; Co. Litt. 5a.

An under officer of the forest, whose duty it is to oversee and true inquisition make, as well of sworn men as unsworn, in every bailiwick of the forest, and of all manner of tresp

Manufacturers of bows and shafts. An ancient company of the city of London. 12 Edw. IV. c. 2; 33 Hen. VIII. c. 6.

A conspiracy to injure the business of any person by inducing others to abstain from business relations with him. The methods are so diverse as not to be comprehended by any defini

In Spanish law. An advocate; one who pleads the causes of others, either suing or defending. Las Partidas, pt. 3, tit. 1, 1-6. Called, also, abogadas. Amongst other classes of pers

A portion of the descendants of a person, who trace their descent to some common ancestor, who is himself a descendant of such person. The whole of a genealogy is often called the

An ancient mode of punishment by inflicting a mark on an offender with a hot iron. It is generally disused in civil law, but is a recognized punishment for some military offenses.

An Instrument of punishment formerly made use of in some parts of England for the correction of scolds, which it was said to do so effectually and so very safely that it was looked

Tumult; loud, angry contention. See 42 N. H. 464. Originally used in connection with disturbances in churches or churchyards. 4 Bl. Comm. 146; Steph. Cr. Dig. 102.

In Contracts. The violation of an obligation, engagement, or duty. Breach may be either by renunciation,— that is, by the declaration of the party that he does not intend to perfor

Every unwarrantable entry upon the soil of another is a breach of his close. 3 Bl. Comm. 209.

A violation of, or a failure to perform the conditions of a bond of covenant. The remedy is in some cases by a writ of covenant; in others, by an action of debt. 3 Bl. Comm. 156J

See "Pound Breach."

An unlawful breaking out of prison. This is of itself a misdemeanor. 1 Russ. Crimes, 378; 4 Bl. Comm. 129; 2 Hawk. P. C. c. 18, § 1; 7 Conn. 752. The remedy for this offense is by

An act in violation of the privilege of a legislative body.

A violation of public order; the offense of disturbing the public peace. 6 Coldw. (Tenn.) 28-3. An act of public indecorum is also a breach of the peace.

(1) The willful misappropriation, by a trustee, of a thing which had been lawfully delivered to him in confidence. The distinction between larceny and a breach of trust is' to be f

Parting or dividing by force and violence, a solid substance, or piercing, penetrating, or bursting through the same. In cases of burglary and housebreaking, the removal of any par

The judgment or conscience of the court. A record is In the breast of the court, subject to correction, until the term is closed, after which it imports verity.

In medical jurisprudence. The air expelled from the chest at each expiration.

In Saxon and old English law. A fine, penalty, or amercement imposed for defaults in the assize of bread. Kennett, Par. Ant. 114; Cowell.

The ancient system of Irish law; so named from the judges, called "Brehons," or "Breitheamhuin." Its existence has been traced from the earliest period of Irish history down to the

A payment in bran, which tenants anciently made to feed their lord's hounds. Blount.

In civil law. Persons appointed to take care of houses destined to receive foundlings. Clef des Lois Rom. "Administrateurs."

or BRETTWALDA. The leade;: of the Saxon heptarchy. Steph. Lect. 696. BRETTS and SCOTTS, LAWS OF THE. A code or system of laws in use among the Celtic tribes of Scotland down to the

See "Breve Innominatum." BREVE (Law Lat.) In old English law. A writ; ^properly an original writ (breve originate), by which all actions in the superior courts of England were once

A writ of right. The writ of right patent is of the highest nature of any in the law. Cowell; Fitzh. Nat. Brev.

A writ containing a general statement only of the cause of action.