Page:Black's Law Dictionary (Second Edition).djvu/123

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


BALIENA

{{anchor+|.|BALENA. A large fish, called by Black- stone a ‘‘whale. Of this the king had the head and the queen the tail as a perquisite whenever one was taken on the coast of England. 1 Bl. Comm. 222.

{{anchor+|.|BALANCE The amount remaining due from one person to another on a settlement of the accounts invoiving their mutual dealings; the difference between the two sides (debit and credit) or an account.

A baiiince is the conclusion or result of the debit and credit sides or an account. It implies mutuni dealings, and the existence of debt and credit, without which there could he no bnlance. Loeh v. Keyes, 156 N. Y. 529, 51 N. E 285; Mcwilliams v. Allan, -15 Mo. 51-i; Thillman v. Shadrick, 69 Md. 528, 16 M1. 138.

The term is also frequently used in the

sense of residue or remainder; as when a wili speaks of "the balance of my estate." Lopez v. Lopez. 23 S. C. 269; Brooks v. lil'ODii5, 65 Ill. App. 331; Lynch v. splcer, 53 W. Va. 426, 44 S. ill 255. —Bnla.iice-slieet. When it is desired to as- rrrtnin the exact state of a merchant's business, or other commercial enterprise. nt Ii. given time. ali the ledger accounts are closed up to date nnd balances struck; ii.nd these balances, when exhibited together on a single page, and so grouped and ari-enzed as to close into each other and be summcd up in one generai result, constitute the "balance-sheet." Eyre v. Harmon, 92 Cal. 580, 28 Pac. 779.

{{anchor+|.|BALCANIFEI}, or BALDAKINIPER. The standard-bearer of the KnighL-i Temp- lar.

{{anchor+|.|BALCONIES. Small galleries of wood or stone on the outside of houses. The erection of them is regulated in London by the building nets.

{{anchor+|.|BALDIO. In Spanish law. Waste land; Lind that is neither arable nor pasture. \\‘hlte \'ew Itemp. ii. 2, tit. 1, c. 6. § 4, and note Unappropriated puhlic domain, not set apart for the support of miinir-ipniities. Sheldon v. lililmo, 90 Tex. 1, 36 S. W. 415.

{{anchor+|.|BALI-'2. A pack or certain quantity or goods or merchandise, wrapped or packed up ill cioth and corded round very tiglitly. mark- ed nnd nunihered with figures corresponding to those in the biils of lading for the purpose of identification. Wharton.

.-\ tulle of cotton is a certain quantity of that commodity compressed into a cuhicol form, so as to occupy less room than when in Iizs. 2 Car. 5: P. 525. Penrlce v. Cocks, 2 lliss. 229. But see Bonham v. Railroad Co.. ‘Iii S. 0. 634.

{{anchor+|.|BALISF. Fr. In French marine law. A buo_i.

{{anchor+|.|BALIUS. In the civil law. A teacher: one who has the care of youth; a tutor; a gniirdiun. Du Gauge; Spelinan.

115

{{anchor+|.|BALLOTTEMENT

{{anchor+|.|BALIVA. L. Lat. In old English law. A bailiwick, or jnrlsdiction.

{{anchor+|.|BALLAST. In marine insurance. There is considerable nnziiogy between ballast and dmmagc. The former is used for trininiing the ship, and bringing it down to a draft or water proper and safe for sailing. Diinnage is placed under the cargo to keep it from being wetted by water getting into the hoid, or hetween the different parcels to keep them from hruising and injuring each other. Great Western Ins. Co. v. Thwing. 13 Wall. 674, 20 L. Ed. 607.

{{anchor+|.|BALLASTAG]-1. A toli paid for the privi- lege of taking up hallast from the bottom of a port or harbor.

{{anchor+|.|BALLIVO AMOVENDO. An ancient writ to remove a bsilifif from his office for want of sufficient land 1n the bailiw-ick. Reg. Orig. 78.

{{anchor+|.|BALLOT. In the law of elections. A slip of paper bearing the names or the offices to be filled at the particular election and the names of the candidates for uhnm the elector desires to vote; it may he printed, or written, or partly printed and partly written, and is deposited by the voter in a "ballot-box” which is in the custodv of the oihcers holding the election. Opinion of Justices. 19 R. I. 729, 36 ALL 716, 36 L R. A. 5-17; Bris- bln v. Cleary, 26 Minn. 107, I N. W. 825; State v. Timothy, 147 M0 332, 49 S. W. 500; Taylor v. Bleahley. 55 Kan. 1. 39 Pac. 1045, 28 L. R. A. 683. 49 Ann. St. Rep. 2%.

Also the act of voting by hulls or tickets.

A ballot is a ticket folded in such a manner that nothing Written or printed thereon can be seen. Poi. Code Cal. § 1186.

A bullet is defined to be “a paper ticket containing the nnmos of the persons for whom the elector intends to vote and designating the office to which each person so named is intended by him to be chosen.” T'hns a . , a ticket, is a single piece of paper containing the names of the candidates and the offices for whirii they are running. If the eiector were to write the names of the candidates upon his ticket twice or three or more times. he does not thcrvby make it more than one ticket. People v. Holden. 28 Cal. 186. —Joint ballot. In pariiamentary practice, a joint haliizt is an election or vote by ballot participated in by the menihcis of hoth houses of a legislative assenibiy sitting together as one bodv, the result hcing determined by a majority of the votes cast b_v the joint assembly th_us constituted, instead of by concurrent majorities 034 the two houses. See State v. Show, 9 S. C. 1 .

nas

{{anchor+|.|BALLOT-BOX. for receiving baliots.

A case made of wood

{{anchor+|.|BALLOTTEIVIENT. F1‘. In medical jn— risprudence. A test for pregnancy by pal- pation with the finger inserted in the vagina to the mouth of the nterus. The tip of the finger being quickly jerked upward, the

K