Law Dictionary

In international law. A term used to designate either of two nations which are actually in a state of war with each other, as well as their allies actively co-operating; as disting

Engl. law. When a party neglects to appear upon a subpena, or an attachment in the chancery, a writ bearing this name issues, and if he does not surrender himself by the day assign

Things acquired In war belong or go to the state. 1 Kent, Comm. 101; 5 C. Rob. Adm. 173, 181; The Joseph, 1 Gall. 558, Fed. Cas. No. 7,533. The right to all captures vests primaril

Spoils of war go to the state.

The term “Bell operating company”— (A) means any of the following companies: Bell Telephone Company of Nevada, Illinois Bell Telephone Company, Indiana Bell Telephone Company, Inco

War.

I. In the civil law. A re-letting. Belocatio tacita: a tacit or implied re-letting, as in case of holding over after expiration of the term.

To appertain to; to be the property of. Property "belonging" to a person has two general meanings: (1) ownership; (2) the absolute right of user. A road may be said with perfect pr

As applied to inhabitancy may relating to paupers, legal settlement, not mere

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

In practice. Inferior; of inferior jurisdiction, or jurisdiction in the first instance, The court from which a canse ia removed for review is called the “court below.” Preliminary;

direct' or 'fully distributed' cost or some other level of cost computation cannot be decided in the abstract.

The term “below-market loan” means any loan if— (A) in the case of a demand loan, interest is payable on the loan at a rate less than the applicable Federal rate, or (B) in the cas

Redress, relief, remedy; reparation. Ubi jus, itai remedium. Where there is a right, there is a remedy. For every legal right the law provides a remedy.* See Damnum, Absque, etc.

I. In old English law. To send back, relinquish; to remise or release; to remand on habeas corpus.

2. He releases damages; an entry on the record remitting an excess of damages awarded by the verdict.

L Is sent back or remitted; a sending back of a record, as from a superior to an inferior court for entry of judgment, a new trial or further proceedings; a relinquishment of damag

The distant cause; the indirect cause; the intermediate cause.

emergit actio, I The impediment being removed, the action arises.

I. Removed; remote, v. Id quod, etc.

To change in place or position; to change residence or domicil; lawfully to deprive of ofl Sce; to transfer a cause from a state to a federal court

2. /r. Reasonable. Benables estovers: reasonable estovers.

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

An officer who had the custody of the queen’s bench prison. The St, 5 &6 Vict. c. 22, abolished this office, and substituted an oflicer called “keeper of the queen's prison,”

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

Seniors in the Inns of Court, intrusted with their government. They have the absolute and Irresponsible power of punishing a barrister of their Inn guilty of misconduct, by either

The term “benchmark” means an annual set of goals and performance measures established for the purpose of assessing performance in meeting a regional investment strategy of a Regio

The term "benchmark administrator" means a person that publishes a benchmark for use by third parties.

The term “benchmark period CPI–U” means the consumer price index for all urban consumers (United States city average) for January 2021. / The term "benchmark period CPI–U&quot

The term "benchmark replacement" means a benchmark, or an interest rate or dividend rate (which may or may not be based in whole or in part on a prior setting of LIBOR),

The term "benchmark replacement conforming changes" means any technical, administrative, or operational changes, alterations, or modifications that— (A) the Board determi

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

To give up; to surrender; to make up and exhibit, as an account; to determine upon and announce, as a verdict or judgment

Well; proper.

Blessed is that interpretation which prevents destruction.

In equity practice. One which is brought to take the testimony of witnesses to a fact material to the prosecution of a suit at Jaw whichis actually commenced, where there is good c

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

In Frenchlaw. The person in whose favor a promissory note or bill of exchange is payable; or any person in

Tending to the benefit of a person; yielding a profit, advantage or benefit; enjoying or entitled to a benefit or profit. In re Importers' Exchange (Com. PI.) 2 N. Y. Supp. 257; Re

Another name for a benefit society. See Benefit.

Voluntary associations for mutual assistance in need and sickness, and for the care of families of deceased members. Niblack, Ben. Soc. and Accid. Ins. These associations form in s

consumptive use measured by diversions less return flows, for a beneficial (nonwasteful) purpose.

A devise from which the devisee is intended by the testator to receive a substantial benefit. See 8 Am. Rep. 356.

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.

An estate in expectancy is one where the right to the possession is postponed to a future period, and is "beneficial" where the devisee takes solely for his own use or benefit, and

It is not, however, every legal interest that is made liable to sale on a fi. fa. The debtor must have a beneficial interest in the property.

It is a settled rule of law that the beneficial interest of the cestui que trust, whatever it may be, is liable for the payment of his debts. It cannot be so fenced about by inhibi

one who owns 'more than 10 per centum of any class of any equity security (other than an exempted security) which is registered pursuant to section 75l (§ 12) of this title.' 15 U.

the Indians are beneficial owners of the land and the timber standing upon it and of the proceeds of their sale, subject to the plenary power of control by the United States, to be

"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

See Beneficial Associations.

A mutual benefit association.

the use by a federal contractor of property owned by the United States in connection with commercial activities carried on for profit, which constitutes a separate and distinct tax

If the plaintiff were permitted to own the current of the stream as appurtenant to his right of appropriation and diversion, he would be able to add indefinitely to the water right

the cestui que trust who enjoys the advantages of such administration

Except as provided in subparagraph (B), the term "beneficiary countries" means Colombia, Mexico, and Peru.

The term "beneficiary country" means any country listed in subsection (b) with respect to which there is in effect a proclamation by the President designating such countr

The term “beneficiary developing country” means any country with respect to which there is in effect an Executive order or Presidential proclamation by the President designating su

In the law of Louisiana. One who has accepted the succession under the banefit of an inventory regularly made. Civ. Code La. 1900, art. 883. Also one who may accept the succession.

the terms “beneficiary sub-Saharan African country” and “beneficiary sub-Saharan African countries” mean a country or countries listed in section 107 of the African Growth and Oppo

the terms “beneficiary sub-Saharan African country” and “beneficiary sub-Saharan African countries” mean a country or countries listed in section 107 of the African Growth and Oppo

An ancient writ, which was addressed by the king to the lord chancellor, to bestow the benefice that should first fall in the royal glft, above or under a specified value, upon a p

A writ of; the king designating the appointee to the first vacant benefice.

A benefice.

Lat. In the civil law. A benefit or favor; any particular privilege. Dig. 1. 4. 3. Cod. 1.11. I Mackeld. Civ. Law, 182, § 189. Used in the same sense in English law, as in the old

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

A Roman law right of subrogation by the surety to the claims of the creditor against the principal.

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

The right to exact contribution from cosureties.

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.

See Beni 1 1 l of Inventory.

A benefit not conferred unless in recognition of an obligation.

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.

something that guards, aids, or promotes well-being: advantage, good; useful aid; payment, gift [such as] financial help in time of sickness, old age, or unemployment; or a cash pa

See Beneficial Associations.

The original name for what is now more commonly called a "building society," (q. v.)

The term “benefit commencement date” means the annuity starting date (or in the case of a retroactive annuity starting date, the date on which benefit payments begin). / The term “

the term “benefit computation year” has the meaning provided in section 215(b)(2)(B)(i) of the Social Security Act;

the term “benefit computation years” means those computation base years, equal in number to the number determined under subparagraph (A), for which the total of such individual's w

For purposes of this subparagraph, the term “benefit improvement” means, with respect to a plan, a resumption of suspended benefits, an increase in benefits, an increase in the rat

The term “benefit income” means any recurring payment received by a qualified individual as an annuity, pension, retirement, or disability benefit (including any veterans’ compensa

The term “benefit issuer” means any office of the State agency or any person, partnership, corporation, organization, political subdivision, or other entity with which a State agen

"benefit liabilities" means the benefits of employees and their beneficiaries under the plan (within the meaning of section 401(a)(2) of title 26);

The English rule is that only he can sue from whom the consideration has moved. That is, even a promisee cannot sue, if he has not provided the consideration; 1 B. & S. 393; K R. 4

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 the 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 properly for the benefit of his cred

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.

The term “benefit”, “benefit of employment”, or “rights and benefits” means the terms, conditions, or privileges of employment, including any advantage, profit, privilege, gain, st

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

The term “benefit percentage” means the employer-provided contribution or benefit of an employee under all qualified plans maintained by the employer, expressed as a percentage of

The term “benefit period” means, with respect to an individual— (A) the benefit year and any ensuing period, as determined under applicable State law, during which the individual i

the 4 term "plan assets" means plan assets as defined by such regulations as the Secretary may prescribe, except that under such regulations the assets of any entity shal