Page:Black's Law Dictionary (Second Edition).djvu/132

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BEACH

waters, means the space between ordinary high and low Water mark, or the space over which the tide usually ebbs and flows. It ls a term not more significant of a sea margin than “shore." Niles v. Patch, 13 Gray (Mass) 257.

The term designates land Washed by the sea and its waves: is synonvmnus with ‘ r " Littleficld v. Littlefield. 28 Die 180.

IVhen used in reference to places near the sea. beach means ihe land betueen the lines of high water and low water, over which the géle ebbs and flows. Hodge v. Boothby. 48 Me.

Beach means the shore or strand. Cutts V. Hussey. 15 Me. 237.

Beach, when used in reference to places any- where in the vicinity of the sea. means the territory lying between, the lines or high water and low iiater. over which the tide obbs and [lows It is in this respect synonymous with “short-," “strsnd." or “iiiits." Doanc v. Will- cutt. 5 Gray (Mass) 328. 335. 66 Am. Dec. 369.

Beach generally denotes land between high and low water mark. East Hampton v. Kirk, 6 Hun (N, Y.) 257.

To ‘‘beach‘' a ship is to run it upon the beach or shore; this is frequently found nec- essary in case of fire, a leak, etc.

{{anchor+|.|BEACON. A light~house, or sea-mark, formerly used to alarm the country, in case of the approach of an enemy, but now used for the guidance of ships at sea, by night, as well as by day.

{{anchor+|.|BEACONAGI-1. Money paid for the maintenance of a beacon or signai-light.

Bl-IADLE. In English ecclesiastical law. An inferior parish oliicer, who is chosen by the Vestry, and whose business is to attend the Vestry. to give notice of its meetings, to execute its orders. to attend iipon inquests, and to assist the constables. iVharton.

{{anchor+|.|BEAMS AND BALANCE. Instruments for weighing goods and merchandise.

{{anchor+|.|BEAR. To support, sustain, or carry; to give rise to, or to produce, something else as an incident or auxiliary.

--Bear arms. To carry arms as weapons and with reference to their military use, not to wear them about the person as part of the dress. Aymette v. State. 2 Hiirnnh. (’l‘enn.] 158. As applied to fire-arms, includes the right to loud and shoot them, and to use them as such things are generally used. Hill v. State, 53 Ga. 4\‘l). —Benr interest. To generate interest. so that the iiistrumcnt or loan spoken of shall pm dnce or yield interest at flue rate specified hy the parties or granted by law. Slau,-zhter V. Slauzbter. 21 Ind. App. 641, 52 N. E. {i!).i.— Bearer. One who carrics or holds :1 thing. When a check, note, draft. etc. is payable to "bearer." it imports that the contents there- of shall be pavablc to any [7ci's(>i:| who mav present the lnstriii-neut fur pll_\I'neIli’. Thoiu n v. I'r:i-riiie. 106 ii. . "i . Cup. . I1!‘ 27 L. E11. 299: Ii'l‘€I!lf0l'(l v. Jcnks. 3 Fed. ( ,_ 1.132; Hubhard v. Railroad Co.. 14 Ahh. Prac. (N. Y.) 2T8.—Bea.rers. In old English law.

124

{{anchor+|.|BED

Those who bore down upon or oppressed oth- P1'_s: maintainers. Cowell.—Bear-ing data. Disclosing a date on its face: having a certain date. These words are often used in con- VE.Vanciu_g, and in pleading, to introduce the date which has been put upon an instrument.

{{anchor+|.|BEAST. An animal; a domestic animal; a qiiadrupcd. such as may he used for food or in iahor or for sport. —Beasts of the chase. In English law. " buck, doe. fox, martin, and roe. Co. Litt. 233o.—Beasts of the forest. In English law. The hart, hliid. hare, boar, and wolf. C0. Litt. 233a.—Bensts of the plow. An old term for animals employed in the operations of husbandry, including horses. Souwrs v. Emerson, 58 N. 11. 49.—Beasts of the warren. In English law. Hams, coneys, and roas. Co.

'11. 263; 2 Bl. Comm. 39.—Besstgate. in Suffolk, England. imports land and common for one hcast. Bcnnin;:Lon v. Goodtille, 2 Strange. W: Rose. Rcal Act 485.

{{anchor+|.|BEAT, 1;. In the criminal law and law of torts, with reference to assault and linttery, this term includes any unlawful physical violence offered to another. See Bar- 'A‘EB'Y. In other connections, it is understood in a more restricted sense, and includes only the lnfliction of one or more blows. Regina V. Hale. 2 Car. 5: K. 327: Conn. v. McClellan, 101 Mass. 35; State v. Hai-rigan, 4 Penne- will (Dc_l.) 129, 55 All 5.

{{anchor+|.|BEAT, n. In some of the southern states (as Alabama, Mississippi. South Carolina) the principal legal subdivision of a county, corresponding to towns or townships in other states; or a Voting precinct. Williams V. Pearson, 38 Ala. 308.

{{anchor+|.|BEAU-PLEADER, (to plead fairly.) In English law. An obsolete writ upon the statute of Marlbridge, (52 Hen. III. e. 11,) Wl.iJ(1lJ enacts that neither in the circuits of the Justices, nor in counties, hundreds, or courts-baron, any lines shall be taken for fair-pleading, t. 6., for not pleading fairly or aptly to the purpose; upon this statute. then, this writ was ordained, addressed to the sheriff, hsilifl, or l1im who shall demand such flue. prohibiting him to demand it: an alias. plurics, and attachment followed. Fitzh. Nat Brev. 596.

B121). 1. The hollow or channel or a water-course; the depression between the banks worn by the regular and usual flow of the water.

"The bed is that soil so usually covered by water as to be distinguishable from the banks by the cliai'actei' of the soil, or Vegetation, or both. produced by the common presence and action of flowing water." Howard v. Ingersoll, 13 How. 427, 14 L. Ed. 189. And see Paine Lumber Co. v. U. S. (C. C.) :35 Fed 864: Alabama V Georgia, 28 How. 515, 16 L. Ed 550; Haight v. Keo-

kuk. 4 Iowa. 213; Pulley v. Munitipality