Page:Black's Law Dictionary (Second Edition).djvu/133

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BED
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BELLO PARTA CEDUNT

Na. 2, 18 La. 282; Harlan, etc. Co. v. Paschall. 5 Del. Ch. 463.

2. The right of cohabitation or marital intercourse, as in the phrase "divorce from bed and board." or a mensa et thoro.

'—Bed of justice. In old French law. The seat or throne upon which the king sat when personally present in parliament; hence it signified the parliament itself.

BEDEL. In English law. A Crier or messenger of court, who summons men to appear and answer therein. Cowell.

An officer of the forest. similar to a sheriff's special bailiff. Cowell.

A collector of rents for the king. Plowd. 199, 200.

A well known parish officer. See Beadle.

BEDELARY. The jurisdiction of a bedel, as a balliwick is the jurisdiction of a bailiff Co. Litt. 234b; Ooweli.

BEDEREPE. A service which certain tenants were anciently bound to perform, as in reap their landlord's corn at harvest Said by Whishaw to be still in existence in name parts of England. Blount: Cowell; Whishaw.

BEER. A liquor compounded of malt and hops.

In its ordinary sense, denotes a beverage which is intoxicating and is within the fair meaning of the words "strong or spirituous liquors." used in the statutes on this subject. Tomplilns County v. Taylor, 21 N Y. 175: Nevin v. Inadue. 3 Denio (N. Y.) 44; Mullen v. State. 96 Ind. 306: People v. "licelock, 3 Parker. Cr. Cas. (N. Y.) 14; Malcr v. State, 2 Tex. Civ. App. 296, 21 S. W. 974.

—Beer-house. In English law. A place where beer is sold to be consumed on the premises; as distinguished from a "beer-shop," which is a place where beer is sold to be consumed off the premises. 10 Ch. Div. 721.

BEFORE. Prior to; preceding. In the presence of; under the official purview of; as in a magistrate‘s jurat, "before me personally appeared," etc.

In the absence of any statutory provision governing the compiitatinn of time, the authorties are uniform that, where an act is required to be done a certain number of days or weeks before a certain other day upon which another act is to be done, the day upon which the first act is done is to be excluded from the computation, and the whole number of days or weeks must intervene before the day fixed for doing the second act. Ward v. Waiters. 63 Wits. 44. 22 N. Vi, and cases cited.

BEG. To solicit aims or charitable aid. The act of a cripple in passing along the sidewalk and silently holding out his hand and receiving money from passers-by is "begging for aims," within the meaning of a statute which uses that phrase. In re Haller, 2 abb. N. C. (N. Y.) 65.


BI-IGA. A land measure used in the East Indies. ln Bengal it is equal to about a third part of an acre.

BEGGAR. One who lives by begging charity, or who has no other means of support than solicited aims.

BEGUM. In India. A lady, princess, woman of high rank.

BEHALF. A witness testifles on "behalf" of the party who calls him. notwithstanding his evidence proves to be adverse to that party's case. Richerson v. Sternburg, 65 Ill 274. See. further, 12 Q. B. 693; 18 Q. B. 512.

BEHAVIOR. Manner of behaving, whether good or bad; conduct; manners: carriage of one's self, with respect to propriety and morals; department. Webster. State v. Roll. 1 Ohio Dec. 284.

Surety to be of good behavior is said to be a larger requirement than surety to keep the peace.

BEHETEIA. In Spanish law. Lands situated in places where the inhabitants had the right to select their own lords.

BEHOOF. Use; benefit: profit; service; advantage. It occurs in conveyances, e. g., "to his and their use and behoot." Stiles v. Japliet, 84 Tex. 91, 19 S. W. 450.

BELIEF. A conviction of the truth of a proposition, existing subjectively in the mind, and induced by argument. persuasion, or proof addressed to the judgment. Keller v. State, 102 Ga. 506. 31 S. E. 92. Belief is to be distinguished from "proof," "evidence," and "testimony." See EVIDENCE.

With regard to things which make not a very deep impression on the memory. it may be call- ed "belief." "Knowledge" is nothing more than a man's firm belief. The difference is ordinarily merely in the degree; to be judged of by the court, when addressed to the court: by the jury. when addressed to the jury Hatch v. Carpenter. 9 Gray (Mass) 274.

The distinction between the two mental conditions seems to be that knowledge is an assurance of a fact or proposition founded on perception by the senses, or intuition: while belief is an assurance gained by evidence, and from other persons. Abott

BELLIGERENT. In international law. A term used to designate either of two nations which are actually in a state of war with each other, as well as their allies actively co-operating; as distinguished from a nation which takes no part in the war and maintains a strict indifference as between the contending parties. called a "neutral." U. S v. The Ambrose Light (D. C.) 25 Fed. 412; Johnson v. Jones. 44 Ill. 151, 92. Am. Dec 15!).

Bella parta cedunt reipublicæ. Things acquired in war belong or go to the state.