Forthcoming. There is both Common and Special Bail: Common is in Actions of fmall Concern; and is called fo, because any Sureties are taken: But upon Caufes of greater Weight, Special Bail, or Sureties must be taken. By 12 Geo. 1. c. 29. none fhall be held to Bail on Procefs out of a Superior Court for any Sum under 10l. which must be fworn to before the Writ iffues; and the Sum fworn to must likewife be indorfed on the Back ment, which may be either fimple, or conditional: Simple, where the Thing delivered is to be kept for the Bailor's Ufe: Conditional, where it is to be returned upon Payment of Money, &c. Baliba, by Co. Lit. 105. is faid to fignify Jurifdiction. Balivo amovendo, is a Writ for removing a Bailiff from his Office, for Want of his having fufficient Land in his Bailiwick. Reg. Orig. 73. of the Writ; otherwife the De-Bank in the Common Law, is fendant's Body fhall not be arrefted. For the Difference between Bail and Mainprize, fee Manwood 167. Baili, is fometimes taken for a Magistrate of fome Town, and fometimes for inferior Officers; fuch as Bailiffs of Liberties, and Bailiffs errant. Bailiffs of Liberties, are such as are appointed by Lords of Manors, within his Liberty to do fuch Offices as the Sheriff's Officer does abroad in the County. Bailiffs errant, are those that the Sheriff appoints to go about the County to execute Writs, to fummon the County Seffions, Affifes, and the like. Bailiwick, generally fignifies that Liberty which is exempted from Sheriffs of the County, over which Liberty the Lord thereof appoints his own Bailiff, with the like Powers within his Precinct, as the Under-Sheriff exercises under the Sheriff of the County: But, in a particular Senfe, Bailiwick is taken for the County. Bailment, fignifies a Delivery of any Thing to another; fometimes to be delivered back to the Bailor, the Perfon that delivered them, fometimes to the Ufe of the Bailee, the Perfon to whom delivered; and fometimes to a third Perfon: And this Delivery is called a Bail ufually taken for a Seat of Judgment, as the King's Bench, or Common Bench, generally called the Common Pleas. Kitchin 102. Bankrupt, in general, is taken for any Perfon, that, getting his Livelihood by buying and felling, has got into his or her Hands any Goods, and abfconds from his Creditors in order to defraud them. By the Statute Jac. 1. c. 15. a Bankrupt is thus defcribed, viz. All and every Person and Persons that fhall ufe the Trade of Merchandize, by way of Bargaining, Exchange, Bartery, Chevifance, or otherwise in Grofs, or by feeking his, her or their Trade of Living by buying and felling, and being a Subject born within the Realm, or any of the King's Dominions, or Denizen, who fhall depart the Realm, or begin to keep his, her or their House or Houses, or otherwife abfent him or herself, or take SanEtuary, or fuffer him or herself willingly to be arrested for any Debt or other Thing not grown or due, for Money delivered, Wares fold, or any other juft or lawful Caufe, or good Confideration or Purpose, or hath, or will fuffer him or herself to be outlawed, or yield him or herfelf to Prison; or willingly or fraudulently hath or fhall procure him or herself to be arrested arrefted, or his or her Goods, Money or Chattels to be attached or fequeftred, or depart from his or her Dwelling-houfe, or make, or caufe to be made, any fraudulent Grant or Conveyance of his, her or their Lands, Tenements, Goods, or Chattels, to the Intent or whereby his, her or their Creditors, being Subjects born, fhall or may be defeated or delayed for the Recovery of their juit Debts; or being arrested for Debt, fhall after his or her Arrest lie in Prifon fix Months or more, upon that Arreft or Detention in Prifon, fuch Perfon fhall be accounted and adjudged a Bankrupt. Bargain and Sale, is properly defin'd to be a Contract made of Manors, Lands, Tenements, &c. whereby the Property is transferred from the Bargainor to the Bargainee. It is where a Recompence is given to both the Parties to the Bargain; as if one bargain and fell to another for Money, the Money in this Cafe is a Recompence to the other for the Land. A Bargain and Sale of Lands, &c. in Fee, muft be in Writing indented and inrolled, either in the County where they lie, or in one of the Courts at Westminster; which Inrollment must be made within fix Months after the Date of the Deed. See 27 H. 8. c. 16. But this does not extend to Bargains and Sales for a Term of Years, &c. they being good, tho' neither indented nor inrolled. A Deed of Bargain and Sale in Fee, confifts of the following Principal Parts, viz. 1, The Names of the Parties, their Places of Abode, and their Additions. 2dly, The Confideration and granting Part, with the Particulars of what is granted. 3dly, The Habendum, or explanatory Claufe, fhewing what Interest is granted, to whom, and for whofe Ufe. 4thly, A Claufe of Warranty And Laftly, Covenants, that the Bargainor is feifed in Fee, hath good Right to grant ; that the Premiffes are free from Incumbrances, and that he will make a further Affurance to the Bargainee of the Lands granted. See the Forms of Bargains and Sales, in the Young Clerk's Magazine, and other Treatifes on Conveyances. Baron, has different Significations; For, f, It is taken for a certain Degree of Nobility. zdly, For an Officer; as the Barons of Exchequer, the Principal of whom is called the Lord Chief Baron, the other three being his Affiftants, in Caufes of Juftice between the Crown and the Subjects, touching Affairs appertaining to the Exchequer and the King's Revenues. The Chief Baron alone in TermTime fits upon Nifi Prius, which comes out of the Remembrancer's Office, or out of the Office of the Clerk of the Pleas. He takes Recognizances for the King's Debts, for Appearances and obferving of Orders. There are several other Branches of the Lord Chief Baron, for which fee Cowel. 3dly, Baron, in another Signification is used for the Husband, in relation to his Wife, who, in our Law is called Feme; and they are deemed but one Perfon; fo that a Wife cannot be a Witness either for or against her Husband, nor he against or for her, (except in the Cafe of High Treafon. Bar, fignifies a peremptory Excep tion to a Demand or Plaint, and is faid to be fuch a Plea, as is fufficient for ever to destroy the Plaintiff's Action. Cowel. It is divided into a Bar to common Intendment, Bår Special, Bar Tempo rary rary, and Bar Perpetual. Bar to common Intendment is a General Bar, which commonly difables the Plaintiff's Declaration or Plea. Bar Special, is what is more than common, and falls out in the Cafe in Question, upon fome particular Circumftance of the Fact; as where an Executor is fued for his Teftator's Debt, pleads, that he had no Goods in his Hands at the Day of the Writ fued out This is a good Bar to common Intendment, or at first View; but yet it may fo happen, that more Goods might come into his Hands fince that Time, which if the Plaintiff, by Way of Replication, can fhew, then, unless the Defendant has a more special Plea or Bar to be alledged, he must be condemned in the Action. See Plowd. 26, 28. Bar Tempora73, is a good Bar for the prefent, yet may afterwards fail, as Plene adminiftravit; that is to fay,' fully adminiftred, until it appears, that more Goods came to the Hands of the Executors, &c. afterwards. Bar Perpetual, is that which overthrows the Plaintiff's Action for ever. Barralter, or Barrister, are Counfellors at Law admitted to plead at the Bar on Behalf of their Clients. Barrato, or Barreto, in our Law fignifies a common Mover or Maintainer of Suits and Quarrels, either in Courts, or elfewhere in the Country, and is one that is never quiet himself, but is continually at Variance with one or another. None can be deemed a Barrator on the Account of one Act only; for the Indictment must charge the Defendant with being a common Barrator. Barter, in our Books fignifies to exchange Wares for Wares. 1 R. 3. c. 9. And in the fame Senfe the Substantive Bartry is used. 13 Bale Fee, is to hold in Fee at c. 6. e. 6. 32 H. 8. c. 6. According H.8. to the Opinion of Skene, the Word feems to mean as much as if one fhould fay Debateable Ground. Lamb. Brit. Tit. Cumberland. Battel, in the Common Law, fignifies a Trial by Combat, the Manner of which, because of its Length, being full of Ceremonies, and now totally in Difufe, we think proper to refer you to Glanv. lib. 14. Bract. lib. 3. Brit. c. 22. Smith de Rep. Angl. lib. 2. See Combat. Battery, (from the French) is a violent Beating or Striking of a Perfon; for which Offence, as it tends to the Breach of the Peace, the Party injured may either indict the other, who thereupon | fhall be fined to the King; or have his Action of Trefpafs, Affault and Battery against him, and recover fuch Damages as the Jury fhall give him. This Action will lie as well before, as after the Indictment: But if the Plaintiff made the first Affault, the Defendant fhall be quit, and the Plaintiff fhall be amerced to the King for his falfe Suit. Here it will be proper to obferve, That the Record of the Conviction of the Defendant on an Indictment, may ferve for Evidence in the Action! of Trefpafs. Yet in fome Cafes a Perfon may juftify the moderate Beating of another; as a Parent his Child, the Mafter his Servant or Apprentice, the Gaoler, or his Servant, the unruly Prifoners, the Officer him that is arrefted, and cannot otherwife be made to obey. A Man may likewife juftify the Beating another in Defence of his own Perfon, or the Perfon of his Wife, Father, Mother, or Mafter. One may likewife juftify the Beating of another, in Defence of one's Goods, or in Maintenance of Juftice: But here it is to be ob ferved, that a Person cannot juftify the Deed, unless he be constrained to it by a neceffary Caufe. Bawdy-House, is a House of ill Repute, to which lewd Perfons of both Sexes frequently refort, and there commerce together. Keep. ing a Bawdy-Houfe is a common Nufance, not only on account that it endangers the Publick Peace, by drawing together debauched and idle Perfons, and creating Quarrels, but likewife for its Tendency towards the Corruption of the Manners of the Commonalty. Perfons convicted of keeping Bawdy-Houfes, are punishable by Fine and Imprisonment; and also are liable to be fet in the Pillory, and fuffer fuch other infamous Punishments, as the Court fhall at their Difcretion inflict. Beacon, fignifies a Signal that is well known, fuch as Fires maintained on the Coafts of the Sea, to prevent Shipwrecks and Invafions. And Beaconnage fignifies the Money paid towards the Maintenance of a Beacon. Bearos, is taken to be the fame as Maintainers. By Stat. 4 Ed. 3. c. 11. Juftices of Afife fhall enquire, hear, and determine of Maintenors, Bearors and Confpi, rators, and of thofe that commit Champarty, &c. Beau-Pleader, is a Writ upon the Statute of Marlbridge, 52 H. 3. c. 11. whereby it is ordained, That neither in the Circuit of Juftices, nor in Counties, Hundreds, or Court Barons, any Fine fhall be taken of any Perfon for Fair Pleading; that is to fay, for pleading fairly, or to the Purpofe; upon which Statute this Writ was ordained against such as violate the Law herein. See Fitz. Nat. Brev. 270. who defines it to this Effect, viz. The Writ for not Fair Plead ing lies, where the Sheriff, or Bailiff, in his Court, will take Fine of the Party, either Plaintiff or Defendant, for that he pleaded not fairly: And Beau-Pleader was as well'in refpect to the vici Tenures became perpetual and he reditary, then they left their former Name of Beneficia or Benefice to the Clergy, and retained to themselves the Name of Feuds. See Spelm. of Feuds, c. 2. ous Pleadings, as of the fair Plead-Beneficio primo Ecclefiaftico ha= ings. 2 Inft. 122. Bedel, is a Meffenger or Apparitor) bendo, is a Writ directed from the King to the Lord Keeper, to beftow the firft Benefice that shall fall in the King's Gift, above or under fuch a Value, upon this or that Perfon. Reg. Orig. 307. of a Court, who cites Perfons to appear and answer. It also fignifies an Inferior Officer of a Parish or Liberty, fuch as are well known in London and the Suburbs. Man-Benevolentia Regis hahenda, is wood fays, a Bedle is an Officer of the Foreft, who makes all Manner of Garnishments for the Courts of the Foreft, and all Proclamations as well within the Courts the Form of purchafing the King's Pardon in ancient Times, and Submiffions, in order to be restored to Estate, Title or Place. Corvel. of the Foreft, as without; and al-Wefaile, fignifies the Father of a fo executes the Procefs of the Foreft, like unto a Bailiff Errant of a Sheriff in his County. Bedelary, is the fame to a Bedel, as Bailiwick to a Bailiff. 3. c. 5. Lit. lib. Bederepe, is a customary Service, Grandfather; and, in our Law, is a Writ that lies where the Great Grandfather was feifed in Fee of any Lands, &c. at the Time of his Death; and after his Decease a Stranger enters the fame Day upon him, and keeps out the Heir. See Fitz. Nat. Brev. 221. Bigamus, is any Man that hath married two or more Wives, fucceffively after each other's Death, or a Widow. 18 Ed. 3. c. 2. 1 Ed. 6. c. 12. 2 Inft. 273. Bigamy, denotes a double Marriage; it is used in the Common Law for an Impediment to be a Clerk, on account he has been twice married. 4 Ed. 1. c. 5The 1 Jac. 1. c. 11. calls that Bigamy, where a Perfon marries a fecond Wife, &c. the first being living, which is made Felony: But Bigamy is improperly fo called, that Crime being rather Polygamy; for Bigamy is not where a Man has two Wives at a Time, but where he has two Wives one after another. ted Time, they were called Bene-Bilanciis deferendis, is a Writ ficia: And when by Degrees thefe directed to a Corporation, for car G rying |