Page:Black's Law Dictionary (Second Edition).djvu/130

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BARTER

the iatter transaction goods or property are always exchanged for money. Gnerreiro V. Peile, 3 Barn. 8: Aid. 01: Cooper v. State, 37 Ark. 418: Meyer v. Rousseau, 47 Ark. 460, 2 S. W. 112.

This term is not applied to contracts cocnerning land, but to such only as relate to goods and chattels. Barter is a contract by which the parties exchange goods. Spelgle v. Meredith, 4 Biss. 123, Fed. Cas. No. 13.- 227.

{{anchor+|.|BARTON. In old English law. The demesne land of a manor; a farm distinct from the mansion.

{{anchor+|.|BAS. Fr. Low; Inferior; subordinate.

—Bas chewaliera. In old English law. LOW. or inferior knights, by tenure of a base mil‘ lflry fee, as distinguished from barons and ban- iiereta, who were the chief or superior knights. Cowell.—BaI ville. In French law. The sub- urbs of a town.

{{anchor+|.|BASE, aiii. Low; inferior: servile; of subordinate degree; impure, aduiterated, or alloyed.

—-Base animal. See ANmAL.—Bese bullion. Ease silver huiiion is silver in bars mixed to a greater or less extent with alloys or base materials. Hope Min. Co. v. Kennon, 3 Mont. 4-1:.—Ba.se coin. Debnsed, adulterated, or alloyed coin. Gabe v. State. 6 r‘. 5 .— Bane court. In English law. Any inferior (curt that is not of record as a court baron, etc. Kitch. 9:’), 96; Cowell.—Base estate. The estate which ‘ ase tenants" (q. v.I have in their land. Cowell.—Biue fee. In English law. An estate or fee which has a quailiicarion siibjoined thereto, and which must he determined whenever the qualificatinn annexed to it is at an end. . Comm. 109. Wiggins Ferry ("o. v. Railroad Cn., 94 Ili. 93; Camp Meeting Ass'n v. East Lyme, 54 Conn. 152, 5 At]. 849. —Base-infeftrnent. In Scotch law. A disposition of lands by a vnssnl. to be held of himscif.—Base right. In Scotch law. A siibordiniite rlght: the right of a subvassul in the lands held by him. ell.—Base services. In feu l law. Such services as were unworthy to be performed by the nohler men, and were performed by the peasants and those of servile rank. Bl. Comm. l.—Baso tenants. Te - ants who performed to their lords services in villenage; tenants who heid at the wiil of the lord, as distinguished from frank tenants, or freehnldeis. (‘oweli.—Base tenure. A tenure hy villenage, or other customary service, as distinguished from tenure by military service; or from tenurs by tree service. Cowell.

EASIZLEUS. A Greek word, meaning “l:in::." A title assumed by the emperors of the Eastern Roman Empire. It is used hy 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.

{{anchor+|.|BASILICA. The name given to a compliatiou of Roman and Greek law, prepared about A. D. SSO by the Emperor Basilius, anti puhlished by his successor, Leo the Phi- iosqpher. It was wrltten in Greek, was mainiy an abridgment of Justinion's Corpus Jurls, and comprised sixty books, only a por-

122

{{anchor+|.|BASTARDUS NON POTEST

tion of which are extant. It remained the law of the Eastern Empire unt.ii the fall of Constantinople, in 1453.

{{anchor+|.|BASISLS. In old English hiw. A kind of money or coin abolished by Henry II.

{{anchor+|.|BASIN. In admiralty law and marine insurance. A part of the ssa inclosed in rocks. U. S. v. Morel, 13 Am. Jur. 286, 26

Fed. C113. 1,310.

{{anchor+|.|BASKET TENURE. In feudal law. Lands held by the service of making the king's baskets.

{{anchor+|.|BASSE JUSTICE. In feudal law. Low justice; the right exercised by feudal lords of personally trying persons charged with trespasses or minor offenses.

{{anchor+|.|BASTAZRD. An illegitimate child: a child born of an unlawful intercourse, and while its parents are not united in marriage. Tim- mins v. Lacy, 30 Ter. 135; Miller v. Anderson, 43 Ohio St. 473. 3 N. E. 605, 54 Am. Rep. 82%; Pettns v. Dawson, 82 Tex. 18, 17 S. W. 714; Smith v. Perry, 80 Va. 5'10.

A child born after marriage, but under circumstances which render it impossible that the husband of his mother can he hls father. Com. v. Shepherd, 6 Bin. (Pa.) 283. 6 Am. Dec. 449.

One begotten and horn out of lawful wed- lock. 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 aduiterous Lntercoiirse of the wife during wedlock. Code Ga. 1882, 5 1707. —Bastard eigiie. In old English law. Bastard elder. If a child was born of an illicit connection. and afterwards the parents intermiirried and had another son, the eider was called “bastard signs," and the younger, “mul1'rer puisnc," i. 9.. afterwards horn of the wife. Sec 2 Bl. Comm. 2-18.—Spccia.l bastard. One born of parents before. marriage, the parents afterwards intermari_-ying. By the civil and Scotcb law he would be then legitlmated.

{{anchor+|.|BASTARDA. ln old English law. A female bastard. Fleta, ilb. 5, c. 6, 5 40.

{{anchor+|.|BASTARDIZE. To declare one a bastard, as a court does. To give evidence to prove one a bastard. A mother (married) cannot hastardize her child

Bastnrdns nnllins est filial, ant filing popnll. A bastard is nobody’a son, or the son of the people.

Bastardun non potent liabere liaerednm nisi do corpora suo legitime proereatnm. A bastard can have no heir unless it be one lawfully begotten of his own body. Tray

Lat. Max. 51.