Page:Black's Law Dictionary (Second Edition).djvu/127

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city. town, or monastery. distinguished and protected by peculiar privileges. Spelman.

{{anchor+|.|BANLIEU, or BANLIEUI1. A French and Canadian law term. having the same meaning as bwnieuca. (ll- 17.)

{{anchor+|.|BANNERET. See Bsunarrr.

{{anchor+|.|BANNI, or BANNITUS. In old law, one under a bun. (q. v.;) an outlaw or banished man Britt. cc. E, 13; Calvin.

{{anchor+|.|BANNI NUPTIARUM. L. Lat. In old English law. The bans of matrimony.

{{anchor+|.|BANNIMUS. We ban or expel. The form of expulsion of a member from the University of Oxford, by attixing the sentence in some pnbiic places, as a promulgation of it. Cowell.

{{anchor+|.|BANNIRE AD PLACITA, AD M0- LENDINIIM. To summon tenants to serve at the lord's courts, to bring corn to be ground at his mill.

{{anchor+|.|BANNS. See Bans or Msramonv.

{{anchor+|.|BANNITM. A ban, ((1. v.)

{{anchor+|.|BANNUS. in old English law. A proc- lamation. Bmmus rcgis; the lime proc- lamation, made by the voice of a hernia, for- bidding all present at the trial by combat to interfere either by motion or word, whatever they might see or hear. Bract. fol. 142.

{{anchor+|.|BANQIIE. Fr. A bench; the tabie or counter of a trader. merchant, or banker. llonquc route; a broken bench or counter; bankrupt

BANS OF MATRIMONY. A public announcement of an intended marriage, required by the English law to be made in a cburch or chapel. during service, on three consecutive Sundays before the marriage is celebrated The object in to aflord an opportunity for any person to intei-pose an objection it he knows of any impediment or other just cause why the marriage should not take place The [\l1illi(‘i1t10ll of the bans may be dispensed with by procuring a special license to marry.

BANYAN. In East Indian law. A Hin- rioo merchant or shop-keeper. The word is used in Bengal to denote the native who manages the money concerns of a European, and sometimes serves him as an interpreter.

BAR. 1. A partition or railing rimning across a courtroom, intended to separate the general public from the space occupied by the Judges. counsel. jury, and others concerned in the trial of a cause. In the English courts it is the partition behind which all outer-bar-



risters and every member of the public must stand. Solicitors. being officers of the court. are admitted within it: as are also queen’: counsei. barristers with patents of precedence, and serjeants, in virtue of their ranks. Parties who appear in person also are placed within the bar on the floor of the court.

2. The term also designates a particular part of the courtroom; for example, the place where prisoners stand at their trial, whence the expression “prisoner at the bar."

3. It further denotes the presence, actual or constructive, of the court Thus, a trial at bar is one had before the full court, distin- gnished from a trial had before a single judge at ulsi prius. So the “case at bar" is the case now before the court and under its consideration; the Case being tried or argued.

4. In the practice or legislative hodies, the bar is the outer boundary of the house, and therefore all persons, not being members, u ho wish to address the house, or are sum- moned to it, appear at the bar for that purpose.

5. In another sense, the whole body of attornejs and ('ouuseilors, or the members of the legal profession. collectiveiy, are figuratively called the “bar," from the place which they usually occupy in court. They are thus distinguished from the “bench." which term denotes the whole body of judges.

6. In the law of contracts, "bar" means an impediment, an obstacle, or preventive burrier. Tlius, relationship within the prohib- ited degrees is a bar to ma.rri.ige In this sense also we speak of the “bar of the statute of ]1mit:1i.ions."

7. It further means that which defeats, annuls, cuts oil, or puts an end to. Thus, a provision "in bar of dower" is one which has the effect of defeating or cutting on’ the dow- er-rights which the wife would otherwise become entitled to in the particular land.

8. In pleading. it denoted a special plea. constituting a sufficient answer to an action at law; and so called because it barred. i. e., prevented, the plaintiff from further prose cuting it with eitect, and, if established iiy proof. defeated and destroyed the action altogether. Now called a special "pics in bar.” See PLEA IN Ban.

{{anchor+|.|BAR FEE. In English law. A fee taken by the sheriff, time out of mind, for every prisoner who is acquitted. Bac. Abr. "Extortion." Aholished by St. 14 Geo. III. c. 26; ii") Geo. III. C. 50; 8 & 9 Vlct. C. 114.

{{anchor+|.|BARAGARIA. Span. A concubine, whom a man keeps alone in his house, Im- connectcd with any other woman. Las Partidas, pt. 4, tit. 14.

Baratrlnm oummittlt qui propter pecunlam justitinm haractnt. He is guiiw of

barratry who for money sells justice. Bell.