Page:Black's Law Dictionary (Second Edition).djvu/131

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{{anchor+|.|BASTARDY. The offense of begettlng a bastard child. The condition of a bastard. Dlnkey v. Com., 17 Pa. 129, 55 Am. Dec. 5-12.

{{anchor+|.|BASTARDY PROCESS. The method provided by statute of proceeding against the putative father to secure a proper mainte- nance for the bastard.

{{anchor+|.|BASTON. In old English law, A baton, club, or stafl. A term applied to officers of the wardens of the prison called the ‘‘Fleet, because of the staff carried by them. Cowell; Spelmaii; Ternies de in Ley.

{{anchor+|.|BATABLE-GROUND. land that is in controveisy, or about the possession of which there is a dispute, as the lands which were situated between England and Scotland before the UHJOB. Skene.

{{anchor+|.|BATAIILE. In old English law. But- (cl: the trial by combat or ducllmn.

{{anchor+|.|'BATH, KNIGHTS 01 THE. In English law. A military order of knighthood, instituted by Richard II. The order was new- ly regulated by notifications in the London flazette of %th May, 1347, and 16th August, I530. “l.iart.0l.L

{{anchor+|.|BATIMENT. icsscl or ship.

In French marine low. A

{{anchor+|.|BATONNIER. The chief of the French bar in its various centres, who presides in the council of disci11li.ue. Arg. Fr. Mere. law, 546.

{{anchor+|.|BA'I'l‘EL. Trial by combat; i-attel.

wager of

{{anchor+|.|'BATTEL, WAGER 01. In old English law. A. ioim of trial ant-leutly used in mill- tziry cases, arising in the court of chiialry and honor, in appeals of felony, ID criminal cases, and in the obsolete reai action called a “writ of action." The question at issue “'15 decided by the result of 11 personal combat beirveen the parties, or, in the case of a writ of right, between their champions.

{{anchor+|.|BATTERY. Any unlawful beating. or other wrongful physical violence or conslralnt, inflicterl on a human being without tr: consent 2 Bish. Grim. Law. § 71; Good- rum v. State, 60 Ga. 511; Razor v. Kinsey, 55 Ill. App. 614: Lamb v. State, 67 Md. 524. 10 At]. 209. 208; Hunt v. People, 53 ill. App. 112; Perkins v. Stein, 94 Ky. 433, 22 S. W. (‘Al’), 20 L. R. A. 861. And see Blurr.

A battery is a willful and unlawful use of force or violence upon the person of another Pea Code Cal. § 242; Pen. Code Dak. § 306.

The actual offer to use force to the injury of Inr1lbl.‘l' person is assault; the use of it is but-



fiery; hence the two terms are commonly combined in the term “assault and battery." -—Simp1e battery. In criminal law and torts. A beating of a person, not accoinpiinicil by cir- cumstances of aggravation, or not resulting in grievous bodily injury.

{{anchor+|.|BATTURE. In Louisiana. A marine term used to denote a bottom of sand, stone. or rock mixed together and rising towards the surface of the water: an elevation of the bed of a river under the surface of the water, since it is rising towards it; sometimes. honever, used to denote the some elevation of the bank when it has risen above the surface of the water, or is as high as the land on the outside of the bank. In this latter sense it is synonymous with "alluvlon.” It means. in common-law language, land formed by accretion. Morgan v. Livingston, 6 Mart. (O. S.) (La.) 111: Hollingsivorth v. Chafre, 33 La. Aim. 551; New Orleans v. Morris, 3 Woods 117, Fed Cas. No. 10,183; Leonard v. Baton Rouge, 39 L11. Ann. 275, 4 South. 243.

{{anchor+|.|BAW1). One who procures opportunities for persons of opposite sexes to cohabit in an illicit manner; who may be. rvliile exer- cising the trade of a bawd, perfectly innocent of committing in his or her own proper person the crime either of adultery or of fornication. See Dyer v. Morris, 4 M0. 216.

{{anchor+|.|BAWDY-HOUSE. A house of prostitution; a brothel. A house or dwelling lJJ.llIl- mined for the convenience and resort of persons desiring unlawful sexual connection. Davis v. Sta te. 2 Tex. App. 427 ; State v. Porter. 38 Ark. 638; People v. Buchanan, 1 Idaho, 680.

{{anchor+|.|BAY. A pond—head made of a great height to keep in water for the sup1il_v of a mill, etc., so that the wheel of the mill may be turned by the water rushing thence, through a passage or flood-gate. St. 27 Eliz. c. 19. Also an arm of the sea surrounded by land except at the entrance.

In admiralty law and marine insurance. A bending or curving of the shore of the sea or of a lake. State v. Giimantou. 14 N. H. 477. An opening into the land, where the writer is shut In on all sides except at the entrance. U. S v. Morel, 13 Amer. Jur. 280, Fed C215. No. 1u.SCfl.

{{anchor+|.|BAYLEY. In old English law. Bailiff. This term is used in the laws of the colony of New Plymouth, Mass, A. D. M170. 1671. Burrill.

{{anchor+|.|BAYOTJ. A species of creek or stream common in Louisiana and Texas. An out- let from a swamp. pond, or lagoon, tn a river, or the sea. See Surgett v. Laplce, B How. 43, 70, 12 L Ed. 932.

{{anchor+|.|BEACH. This term. in its ordinary signification, when applied to a place on tide-