Page:Black's Law Dictionary (Second Edition).djvu/124

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BALNEA RH

tzetus, it one be present. can be felt rising upward and then settling back against the finger.

{{anchor+|.|BALFEAEII. In the Roman law. Those who stoic the clothes of ba thers in the public haths. 4 Bl. Comm. 239.

{{anchor+|.|BAN. 1. In old English and civil law. A proclamation; a public notice; the announcement of an intended marriage. Cow- eli. An cxcoinmnnication: a curse, publiciy pronounced. A proclaniallon of siience made by a crier in court before the meet.lng of Champions in combat. Id. A statute, edict, or command; a fine, or penalty.

2. In French law. The right of announcing the tiiue of moviing. reaping, and gathering the vinta-_ve, exercised by certain seignorlal lords. Guyot, Ilopert. Univ.

3. An expanse; an extent of space or territory; a space inclosed within certain limits; the limits or bounds themselves. Spel- man.

4. A privileged space or territory around a town, monastery, or other place.

5. In old European law. A military standard; a thing unfurled, a banner. Spel- man. A summoning to a standard; a mi]ing out of a military force; the force itself so summnned; a national army levied by proclamation.

{{anchor+|.|BANAL. In Canadian and old French law. Pertaining to a ban, or priviieged place; having qualities or privileges derived from a lmn. Thus, a iianal mlli is one to which the iord may require his tenant to carry his grain to be ground.

{{anchor+|.|BANALITY. In Canadian law. The right by virtue of which a lord subjects his vassais to grind at his inlil, hake at his oven, etc. Used also of the region within which this right applied. Guyot, Repert. Univ.

{{anchor+|.|BANG. Bench; the seat of judgment: the place where a court permanently or re};- ulnriy sits.

The tall hench. full court. A "sitting in bane" is a meeting of all the judges of a court, 11 aally fnr the purpose of hearing arguments on demnircrs, points reseii ed, Inotions for new trial, et(‘., as distinguished from the sitting of a single judge at the assises or at nm. prius and from trials at bar.

{{anchor+|.|BANCI NARRATORES. In old Eng- iish law. Ail\("‘IltES; counters; serjeants. Applied to advmales in the common pleas courts. 1 Bl. Comm. 2;; Cowell.

{{anchor+|.|BAHCO. Ital. See BANG. A seat or hencii of justice; also. in coiuniercc, a word of itallau origin signifying a bank.

116

{{anchor+|.|BANK

{{anchor+|.|BANCUS. L Lat. In old Engllshlaw and practice. A heuch or seat in the king's hall or palace. Fleta, iib. 2. C. 16. § 1.

A high seat, or seat of distinction: a seat of judgment, or tribunal for the administration of justice.

The English court of common pleas was formerly called “Barwus."

A sitting in bone; the sittings or a court with its full judicial authority, or in {mi form, as dlstinguished trom sittings at nm prim.

A stall, hench, tahle, or counter. on which goods were exposed for sale. Cowell. —Ba.ncus 1-eginaa. The queen's bench. See QUEEN'S BENcH.—Bancus 1-eg-in. The king's bench: the supreme tribunal of the king nfior parliament. 3 Bl. Comm. 4l.—Ba.ncus sn- pei-iox-. The upper hench. The king's bench was so calied Iiurim the Protectorate.

{{anchor+|.|BAND. In old Scotch law. A proclamation cailing out a military force.

{{anchor+|.|BANDIT. An outlaw; a man bummed, or put under a ban; a brigand or rohher. Banditti, a hand of robbers.

{{anchor+|.|BANE. A maletactor. c. I.

Also a public denunciation of a malefnctnr; the same with what was called "hutc.si'um." hue and cry. Speiman.

Bract. L 1, t. 8.

{{anchor+|.|BANER]-IT, or BANNERET. In English law. A knight made in the field, by the ceremony of cutting oi! the point of his standard, and making it, as it were, a hanner. Knights so made are accounted so hon- orable that they are allowed to display their arms in the royal army, as barons do, and may bear arms with supporters They rsuil: next to barons; and were sometimes called "vcaciilarii." Wharton.

{{anchor+|.|BAN1. Deodands (q. 9.)

{{anchor+|.|BANISI-IIVIENT. In crinihinl law. A punishment inflicted upon crinilnals, by compclling them to quit :1 city, plate, or c-onutry for a specified period of time, or for life. Sen Cooper v. Telfair, 4 Dali. I4, 1 L. Ed. 721; People v. Potter, 1 Park. Cr. R. (N. 3!.) 5-1.

It is inflicted principally upon politii-oi offcndcrs, "transportation" being the word used to ross a similar punishment of ordiii-i '

erimi s. Banishinent. l'iowe\'er mnrelv for- hids the return of the person banished lucforv the expiration of the sentence, while transportation involves the idflfl of deprivation of liberty after the convict aniies at the piace to which he has been carried. Rap. «S: L

{{anchor+|.|BANK. 1. A bench or seat: the bench or ti-llxunal occupied by the judges; the seat of judgment; a court. The fall bench, or full court; the assembly of all the judges or a court A "sitting in baa:-Ia" is a meeting

of all the judges of a court, usually for the