Glossary of Technical Terms, Phrases, and Maxims of the Common Law

sax, (Carrying on the back.) A term used of a t Mef caught with the stolen goods.

In Scotch law, a declaration of trust.

Indorsement. Backing a w^arrant: the indorsement of a warrant, issued in one county, by a justice of the peace of another, which enables it to be served in the latter county.

A yard be Mnd a house.

The person to whom a bailment is made.

In Scotch law, a magistrate, alderman, bailiff; v. Court, 92.

A keeper; a sheriff's officer; a land steward.

The person making a bailment.

A memorandum of special bail signed by the judge and filed in court.

Banns. A proclamation; edict; the announcement in church of a proposed marriage. The spiritual judge might dispense with these by giving a marriage license; but a marriage without

Bank, Bancus, I. A bench; the fuU bench; the fuU court, as distinguished from the sitting of a single judge at nisi prius. Communis Bancus, abb. C. B.: the Common Bench, the Englis

Bank-bill. A promissory note issued by a bank and payable to bearer on demand, intended for circulation as money. Bankruptcy Courts: v. Court, 50.

A partition running across a court-room, separating the public and outer barristers from the court, attorneys, sergeants. Queen's counsel, officers, and parties appearing in person

A method of conveying land without livery of

/., Baron,//-. A freeman; a baron. Baron et feme: husband and wife. Court Baron: v. Court, 11, 34.

1. A vassal holding directly of the King. 2. The fifth and lowest Enghsh degree of nobility. 3. A judge of the Court of Exchequer.

I., Barre,/r. A plea in bar; the bar of a court.

Fraudulent, negligent, or wilfully injurious conduct on the part of the master and crew of a ship, to the damage, and without the knowledge of, the owner.

The offence of frequently exciting groundless suits.

In England, a counsel admitted to plead at the bar. Outer or utter barristers: those who appear without the bar, as distinguished from inner barristers (sergeants, or Queen's couns

1. A fee with a qualification; determinable upon some collateral event. 2. A tenure in fee at the wiU of the lord. Base tenure: by base services, as by villenage or customary servi

Li the common law, a person bom out of matrimony, or under circumstances which render it impossible for him to have been the son of the husband. Bastard-eigne,/-..- the son of two

The statutory method of procedure against the putative father to secure the bastard's maintenance. Baston,/-. A staff or club; an officer, tipstaff.

Bataile,/r. Combat; duel. ^Vager of battel: a method of trial by personal conflict which prevailed in the courts of chivalry; on appeals and approvements for felony; and on writs o

The physical injury of one person by another; usually employed, in connection with assault, of unlawful injury.

The buck, doe, fox, mai-ten, and roe. Beasts of the forest: the hart, hind, boar, and wolf. Beasts of the warren: the hare, coney, pheasant, and partridge.

A crier; an apparitor; a bailiff; a beadle.

/. War. Bello parta cedunt reipublicae: things acquired in war go to the state.

A seat of judgment; a court; the judges; v. Court, 5, 18. Bench ^warrant: a warrant issued by the judge or court itself for the arrest of a person indicted, or for contempt; a just

The governing members of the English Inns of Court.

/. Well; sufficiently; in due form. Beuedicta est ezpositio quando res redimitur a destnictione: that is a blessed interpretation wheu a thing is saved from destruction [by which e

In England, a church living.

The cestui que trust.

A benefice. Beneficium clericale: benefit of clergy.

A privilege of exemption from capital punishment, granted to all who could read. The prisoner was then handed over to the Court Christian, where he cleared himself upon his o^th an

I. Good pleasure. Durante beneplacito ipsius: during his good pleasure.

An extraordinary aid granted by freemen to the sovereign, nominally voluntary.

propter simplicitatem laicorum, ut res magis valeat quam pereat; et verba intentioni, non e contra, debent inservire, i. Interpretations are to be made liberally, by reason of the

To give personal property by will.

bernita, /. A manor; part of a manor; a hamlet appurtenant to a manor; a town.

The old name of the Barmote Court j v. Court, 73.

I., Berg. 1. A plain, an open field. 2. A berg; a mancr; a burgh.

sax:. Arson; any capital offence.

Besayle, etc.,/r. A great-grandfather. A writ like Aiel, brought on the seisin of a great-grandfather; v. Aiel.

the Court of Chancery and certain statutory powers. In modem six superior courts of equity, over which cery proper, just mentioned, had appellate (16.) Court of the Master of the

bestlales, etc., fr. Beasts; cattle.

A permanent improvement or addition made to lands or houses by the occupant; something more than repairs.

Ballivia, I. A sheriff's jurisdiction; or a liberty exempted therefrom; a county. Bailment A delivery of goods by one person to another for a purpose or trust; the contract resulti

beyond the four seas. Out of the kingdom of Great Britain and Ireland. Out of the United States. Out of the State. Bien,y>-. "Well; advisable; lawfully. Del bien estre: de bene ess

I. The period o\ two years.

fr. Goods; goods and chattels; property in general. Biens meubles: bona mobilia, movable goods.

The oifence of having two wives or husbands at the same time. In the civil and cauon law, having them either at the same time, or one after the death of the other.

bilagse, /. By-laws; laws of towns.

Two-sided, v. Contract.

Collateral.

/. Double-tongued; one speaking two languages. Apphed to a jury de medietate linguae, allowed in England in cases between an Englishman and a foreigner, where half the jury were of

A written statement or declaration; a complaint; a record; an account. The word has many special and limited meanings. I. In legal procedure. (Bill for cancellation: v. To perpetua

I. A bill; a declaration. Billa cassetur: that the bill be quashed. Billa ezcambii: bill of exchange. Billa exonerationis: bill

/. Twice. Bis petitum: twice oito dat: lie gives twice who gives Black Book of the Admiralty. An ralty law, containing the laws of Oleron and commentaries. Of the Exchequer charter

1. A tribute paid by the counties of England to some^ border from the depredations of the Scotch troopers. 2. Black rents: rents or labor, as distinguished from ■white

/. Corn or grain; orescentia,

Common bar; a plea in plaintiif to assign a certain place for dorsement: V. Indorsement.

bl6,/r. Com, grain. Blees scies

v. Blanch holding.

sax. An amerciament for the

When a person was caught was evidence of his having killed deer.

sax. A book, writing; deed; charter.

In Saxon law, land held by free socage. Pole-land was held by evidence of title, and more resembled

Folcmote court. or, in Chancery, illegally taking pos- A criminal offence. of redemption of Plea: v. Plea. payable abroad. a thing by judgment. the King, reserved and having certai

boys, /r. Wood. Haut bois: underwood.

bonne,/r. Good. Bones gents fied.

/. Goods; property. Bona et Bona felonum: goods of felons. forfeited. Bona fugitivorum: goods bilia, immobilia: goods movable, bilia: goods worthy of notice, i. e. of cedent left g

bonus, bonum, I. Good. Bona Bona fides non patitur ut bis idem does not suffer the same thing to be twice fidei emptor: a purchaser in good faith. sor in id tantum quod ad se perve

Bonus judex aequitatem stricto according to what is just

An instrument under seal, wherein expresses that he owes or will pay a certain ob Ugee; usually with a condition added, that, performing a certain act or paying another is to be vo

/. (The goods not writ directing the sheriff to hold the goods whom judgment has been obtained, pending writ of error. Bono et malo. v. De.

I. A premium given for a loan. v. secundum aequum et bonum judicat, et juri prsefert: a good judge decides and good, and prefers equity to strict law.

v. Boc-lands.

V. Bote.

Property of the enemy

Bordagium, I. A lord in provisions, or perhaps

bordimanni, I.

Lands held ui lord reserved to supply his

mx. A pledge; a mutual pledge existing among good behavior.

burg, Bourg,/r. A gess to Parliament.

A custom some old English boroughs to the youngest son, instead Borsholder: Head-borow, the

boot, sax. Compensation; estover. Housebote: an repairing the house; haybote ploughbote or cartbote, firebote, for fuel.

bummaree. A a high rate of interest (fcernis hypothecation of a ship. safe return or arrival of the ter to make or continue his Bouche,/r. Mouth. Ne gist mouth): it is not for one

I., Brace de

The writer of the Angli<B; tempo Henry III.

Unlawful or Breach of peace: the term captured in war on land. species of base tenure by finding the by carrying timber. Cottagers; tenants in hordage. bordage; the demesne lands w

The old Irish law existing before the conquest by Henry II., so called from brehon, a judge.

pL, brevia, I., Bref, brefe, fr.. Brieve, sc. A writ. A precept of the King, in writing, issuing out of a court. Breve de recto: a writ of right. Breve originale: an original writ;

a statement of a client's case, prepared by the attorney for the convenience of the barrister, containing the facts, pleadings, names of witnesses, and suggestions. In America, a w

bnigbote, sax. A contribution for the repair of bridges.

brokerage. A broker's pay, commission.

brogger, Broccator, /. An agent employed to buy, sell, or make contracts.

I. An empty threat.

Esco9se,/r. Esorier,//-. To proclaim.

fr., Eskippare, tackle of ships. Es Uer,/r. To choose. Esloigner,/r. To