Page:Black's Law Dictionary (Second Edition).djvu/134

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BELLUM

1 Kent, Comm. 101; 5 C. Rob. Adm. 173, 181; The Joseph, 1 Gall. 558, Fed Gas. No. 7,533. The right to all captures vests primarlly in the sovereign. A fundamental maxim of public law.

{{anchor+|.|BELLIIM. Lat. In public law. War. An armed contest between nations: the state of those who fDI‘Clbly contend with each other. Jus bcm, the law of war.

{{anchor+|.|BELOW. In practire. Interior; of in- ferior jurisdiction, or jurisdiction in the hrst instance. The court from which a cause is removed for review is called the “murt bclo-w."

I’l'0linlIn:1Iy; auxiliary or instrumental. Bail to the sheriff is called "hail below," as being prellnllnary to and intended to secure the putting in of bail abowe, or special buii. See Barn.

{{anchor+|.|BENCH. A seat of judgment or tribunai for the administration of justice; the seat occupletl by judges ln courts: also the court itself, as the “King's Bench.“ or the aggre- gate of the judges composing a court, as in the phrase “before the full bench."

The collective body of the judges in a state or nation, as tlistlngulsheri from the body of attorneys and advocates, who are called the “bar"

In English ecclesiastical law. The aggre

gate body of blshops. —Bench warrant. Process issued by the court ltself, or “from the bench." for the attach- ment or arrest of a person: either in case of contempt, or where an indictment has been found, or to hring in a, witness who does not obey the suhnu.-mt. So called to distinguish it from a warrant. issued by a justice of the peacc. alderman, or couunissinner.—Benohers. In English law. Seniors in the inns of court. usu- ally, but not necessarily. queen's counsel. elect- od by co-optation, and having the entire management of the property of their respective inns.

{{anchor+|.|BI-IN]-1. Lat. Well; in proper form: lt.~ gally; sllfliclently.

Benedicta est expusitio qmundo res redjmitnr i destrucflone. 4 Coke. 26. Blessed is the exposition when anything is saved from rlestructiou. It ls a l-iutlable interpretation uhlch gives el1'ec-t to the h1stru- uncut, and does not allow its purpose to be frustrated.

{{anchor+|.|BEN!-EPIC]-1. In ecclesiastical law. In its technical sense. this term includes ecclesiastical preferments to which rank or public office is .ittnched. otherwise described as er-clesiastlral dignities or offices, such as bishoprics, deanerles, and the hire; but In popular acccptation. it is aimost invari- abl_v appropriated to rectorics. vicarages, perpetual curacies, district churches, and endowed Chapelrics. 3 Steph. Comm. 77.

“Beneflce" is a term derived from the tendal law. in which it signified a permanent stlpeudiary estate, or an estate held by feu-

126

{{anchor+|.|BENEFICIARY

dal tenure 3 Steph. Comm. 77. note. I; 4 Bl. Comm. 107.

Btnizrrcu. Fr. In French law. A benefit or advantage, and particularly a prhilege given by the law rather than by the agreenient of the parties.

—Bénéflco do discussion. Benefit of discussion. The right of a guarantor to require that the creditor should exhaust his recourse against the principal debtor before having recourse to the guarantor 'mself.—Bénéflco do division. Benefit of di right of contribution as between co-slureties.—Bénéfico tvinventsire. A term which corresponds to the bcacficium. o'n~ vcnturii of Roman law, and substantially to the English law doctrine that the executor prop- erly accounting is onl liable to the extent of the assets received by im.—Bénéflci.-Lire. The person in whose favor a promis ury note or blll of exchange is payable; or any person in whose favor a contract of any description is executed. Arg. Fr. Marc. Law, 547.

{{anchor+|.|BENEFICIAL. Tending to the benefit of a person; yielding a profit, advantage. or benefit; enjoying or entitled to a benefit or profit. In re Importers‘ Exchange (Com. Pl.) 2 N. Y. Supp. ‘.757; Regina v. Vange. 3 Ann] 8: El. (N. S.) 214. This term is applied ivoth to estates (as a "beneficial interest") and to persons. (as "the beneficial owner.")

—Beneflcia1 association. Another name lnr a benefit society. See Blsmn-‘IT.—Benenoia1 enjoyment. The enjoyment which a man has of an estate in his own right and for his own benefit, and not ns trustee for another. 1]

L. Cos. '.’71.—BeneflninI estate. An estate In expectancy IS one where the right to the possession is postponed to a future period, and is “bcncficial" where the dew-isee takes solely for his own use or benefit, and not as the mere holder of the title for the use of another. In re Seaman's Estate. 147 N. Y. 69. 41 N. E. 401. —Beneficia1 interest. Profit, hencfit, or ad- vantage resulting Erotn a contract, or the ownership of an estate as distinct from the legal ownership or coutrol.—Be1|eflcinl power. In New York law and practice. A power which has for its object the donee of the power, and which is to bc executed solely for his benefit: as distingruishcd from a trust power, which has for its object a person other than the dance, and is to be executed solely for the benefit of such person‘ Jennings v Uonboy. 73 N. Y. .. Rcv. St. N. Y. § 7 . ' right to use and enjoy property according to one‘s own liking or so as to derive a profit or hennfit from it. lucluding all that makes it desirable or habitable. 113, light, air, and access: as distinguished from a more ri}:‘ht of occupacny or possr-ssion. Reining v. Railroad Co. (Su- per. Ct.) 13 N. Y. Supp. 240.

{{anchor+|.|BENEFICIARY. One for whose benefit a trust is created: a ccsfui qne trust. 1 Story. Eq. Jnr. 5 321-. In re Welch. 20 App. Div. 412. 46 NT. Y. Supp. E-S9; Civ. Code Cal. 1903, § 2218. A person having the enjoy- ment of property of which a trustee, ex- ecutor, etc., has the legal possession. The person to whom a policy of insurance is payable. Rev. St. Tex. 1895. art. Smfia —Beneficiary heir. In the law of Louisiana One who has accepted the succession under the hencfit of an inventory l'egIIl-IX‘lV made. Civ. Code La. 1900. art. 833. Also one who may accept the succession. Succession of Gusman.

36 Lzn Ann. 299.