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 primarily in the sovereign. A fundamental maxim of public law.
BELLUM. Lat. In public law. War. An armed contest between nations; the state of those who contend with each other. Jus belli, the law of war.
BELOW. In practice. Inferior; of inferior jurisdiction, or jurisdiction in the first instance. The court from which a cause is removed for review is called the "court below."
Preliminary; auxiliary or instrumental. Bail to the sheriff is called "bail below," as being preliminary to and intended to secure the putting in of bail above, or special bail. See Bail.
BENCH. A seat of judgment or tribunal for the administration of justice; the seat occupied by judges in courts; also the court itself, as the "King's Bench," or the aggregate of the judges composing a court, as in the phrase "before the full bench."
The collective body of the judges in a state or nation, as distinguished from the body of attorneys and advocates, who are called the "bar."
In English ecclesiastical law. The aggregate body of bishops.
—Bench warrant. Process issued by the court itself, or "from the bench," for the attachment or arrest of a person; either in case of contempt, or where an indictment has been found, or to bring in a witness who does not obey the subpœna. So called to distinguish it from a warrant, issued by a justice of the peace, alderman, or commissioner.—Benchers. In English law. Seniors in the inns of court, usually, but not necessarily, queen's counsel, elected by co-optation, and having the entire management of the property of their respective inns.
BENE. Lat. Well; in proper form; legally; sufficiently.
Benedicta est expositio quando res redimitur â destructione. 4 Coke, 26. Blessed is the exposition when anything is saved from destruction. It is a laudable interpretation which gives effect to the instrument, and does not allow its purpose to be frustrated.
BENEFICE. In ecclesiastical law. In its technical sense, this term includes ecclesiastical preferments to which rank or public office is attached, otherwise described as ecclesiastical dignities or offices, such as bishoprics, deaneries, and the like; but in popular acceptation, it is almost invariably appropriated to rectories, vicarages, perpetual curacies, district churches, and endowed chapelries. 3 Steph. Comm. 77.
"Benefice" is a term derived from the feudal law, in which it signified a permanent stipendiary estate, or an estate held by feudal tenure. 3 Steph. Comm. 77, note. i; 4 Bl. Comm. 107.
BÉNÉFICE. Fr. In French law. A benefit or advantage, and particularly a privilege given by the law rather than by the agreement of the parties.
—Bénéfice de discussion. Benefit of discussion. The right of a guarantor to require that the creditor should exhaust his recourse against the principal debtor before having recourse to the guarantor himself.—Bénéfice de division. Benefit of division; right of contribution as between co-sureties.—Bénéfice d'inventaire. A term which corresponds to the beneficium inventarii of Roman law, and substantially to the English law doctrine that the executor properly accounting is only liable to the extent of the assets received by him.—Bénéficiaire. The person in whose favor a promissory note or bill of exchange is payable; or any person in whose favor a contract of any description is executed. Arg. Fr. Marc. Law, 547.
BENEFICIAL. 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. Pl.) 2 N. Y. Supp. 257; Regina v. Vange, 3 Adol. & El. (N. S.) 214. This term is applied both to estates (as a "beneficial interest") and to persons, (as "the beneficial owner.")
—Beneficial association. Another name for a benefit society. See Benefit.—Beneficial enjoyment. The enjoyment which a man has of an estate in his own right and for his own benefit, and not as trustee for another. 11 H. L. Cas. 271.—Beneficial estate. 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 not as the mere holder of the title for the use of another. In re Seaman's Estate, 147 N. Y. 69, 41 N. E. 401.—Beneficial interest. Profit, benefit, or advantage resulting from a contract, or the ownership of an estate as distinct from the legal ownership or control.—Beneficial power. In New York law and practice. A power which has for its object the donee of the power, and which is to be executed solely for his benefit; as distinguished from a trust power, which has for its object a person other than the donee, and is to be executed solely for the benefit of such person. Jennings v Conboy, 73 N. Y. 234; Rev. St. N. Y. § 79.—Beneficial use. The right to use and enjoy property according to one's own liking or so as to derive a profit or benefit from it, including all that makes it desirable or habitable, as, light, air, and access; as distinguished from a mere right of occupancy or possession. Reining v. Railroad Co. (Super. Ct.) 13 N. Y. Supp. 240.
BENEFICIARY. One for whose benefit a trust is created; a cestui que trust. 1 Story, Eq. Jur. § 321; In re Welch, 20 App. Div. 412, 46 N. Y. Supp. 689; Civ. Code Cal. 1903, § 2218. A person having the enjoyment of property of which a trustee, executor, etc., has the legal possession. The person to whom a policy of insurance is payable. Rev. St. Tex. 1895. art. 3096a.
—Beneficiary heir. In the law of Louisiana. One who has accepted the succession under the benefit of an inventory regularly made. Civ. Code La. 1900, art. 833. Also one who may accept the succession. Succession of Gusman, 36 La. Ann. 299.
