the latter transaction goods or property are always exchanged for money. Guerreiro v. Peile, 3 Barn. & Ald. 617; Cooper v. State, 37 Ark. 418; Meyer v. Rousseau, 47 Ark. 460, 2 S. W. 112.
This term is not applied to contracts concerning land, but to such only as relate to goods and chattels. Barter is a contract by which the parties exchange goods. Speigle v. Meredith, 4 Biss. 123, Fed. Cas. No. 13,227.
BARTON. In old English law. The demesne land of a manor; a farm distinct from the mansion.
BAS. Fr. Low; inferior; subordinate.
—Bas chevaliers. In old English law. Low, or inferior knights, by tenure of a base military fee, as distinguished from barons and bannerets, who were the chief or superior knights. Cowell.—Bas ville. In French law. The suburbs of a town.
BASE, adj. Low; inferior; servile; of subordinate degree; impure, adulterated, or alloyed.
—Base animal. See Animal.—Base bullion. Base silver bullion is silver in bars mixed to a greater or less extent with alloys or base materials. Hope Min. Co. v. Kennon, 3 Mont. 44.—Base coin. Debased, adulterated, or alloyed coin. Gabe v. State, 6 Ark. 540.—Base court. In English law. Any inferior court that is not of record, as a court baron, etc. Kitch. 95, 96; Cowell.—Base estate. The estate which "base tenants" (q. v.) have in their land. Cowell.—Base fee. In English law. An estate or fee which has a qualification subjoined thereto, and which must be determined whenever the qualification annexed to it is at an end. 2 Bl. Comm. 109. Wiggins Ferry Co. v. Railroad Co., 94 Ill. 93; Camp Meeting Ass'n v. East Lyme, 54 Conn. 152, 5 Atl. 849.—Base-infeftment. In Scotch law. A disposition of lands by a vassal, to be held of himself.—Base right. In Scotch law. A subordinate right; the right of a subvassal in the lands held by him. Bell.—Base services. In feudal law. Such services as were unworthy to be performed by the nobler men, and were performed by the peasants and those of servile rank. 2 Bl. Comm. 61.—Base tenants. Tenants who performed to their lords services in villenage; tenants who held at the will of the lord, as distinguished from frank tenants, or freeholders. Cowell.—Base tenure. A tenure by villenage, or other customary service, as distinguished from tenure by military service; or from tenure by free service. Cowell.
BASILEUS. A Greek word, meaning "king." A title assumed by the emperors of the Eastern Roman Empire. It is used by Justinian in some of the Novels; and is said to have been applied to the English kings before the Conquest. See 1 Bl. Comm. 242.
BASILICA. The name given to a compilation of Roman and Greek law, prepared about A. D. 880 by the Emperor Basilius, and published by his successor, Leo the Philosopher. It was written in Greek, was mainly an abridgment of Justinian's Corpus Juris, and comprised sixty books, only a portion of which are extant. It remained the law of the Eastern Empire until the fall of Constantinople, in 1453.
BASILS. In old English law. A kind of money or coin abolished by Henry II.
BASIN. In admiralty law and marine insurance. A part of the sea inclosed in rocks. U. S. v. Morel, 13 Am. Jur. 286, 26 Fed. Cas. 1,310.
BASKET TENURE. In feudal law. Lands held by the service of making the king's baskets.
BASSE JUSTICE. In feudal law. Low justice; the right exercised by feudal lords of personally trying persons charged with trespasses or minor offenses.
BASTARD. An illegitimate child; a child born of an unlawful intercourse, and while its parents are not united in marriage. Timmins v. Lacy, 30 Tex. 135; Miller v. Anderson, 43 Ohio St. 473, 3 N. E. 605, 54 Am. Rep. 823; Pettus v. Dawson, 82 Tex. 18, 17 S. W. 714; Smith v. Perry, 80 Va. 570.
A child born after marriage, but under circumstances which render it impossible that the husband of his mother can be his father. Com. v. Shepherd, 6 Bin. (Pa.) 283, 6 Am. Dec. 449.
One begotten and born out of lawful wedlock. 2 Kent, Comm. 208.
One born of an illicit union. Civ. Code La. arts 29, 199.
A bastard is a child born out of wedlock, and whose parents do not subsequently intermarry, or a child the issue of adulterous intercourse of the wife during wedlock. Code Ga. 1882, § 1797.
—Bastard eigne. In old English law. Bastard elder. If a child was born of an illicit connection, and afterwards the parents intermarried and had another son, the elder was called "bastard eigne," and the younger, "mulier puisne," i. e., afterwards born of the wife. See 2 Bl. Comm. 248.—Special bastard. One born of parents before. marriage, the parents afterwards intermarrying. By the civil and Scotch law he would be then legitimated.
BASTARDA. In old English law. A female bastard. Fleta, lib. 5, c. 6, § 40.
BASTARDIZE. To declare one a bastard, as a court does. To give evidence to prove one a bastard. A mother (married) cannot bastardize her child.
Bastardus nullius est filius, aut filius populi. A bastard is nobody's son, or the son of the people.
Bastardus non potest habere hæredem nisi de corpore suo legitime procreatum. A bastard can have no heir unless it be one lawfully begotten of his own body. Tray, Lat. Max. 51.
