Page:Black's Law Dictionary (Second Edition).djvu/135

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BENEFICIO PRIMA 127 BENEFIT {{anchor+|.|BENEPICIO PRIMA [EC0l'iESIAS- Co. v. Collett. 6 Ohio St. 182; St. Louis. etc. TICO KA.'BEN'DO.] In English law. An gave: £)]mltEtIa';n14gy-I\I(D:;)-('5 4fila%'V‘}_’/i0'i7§2:

nncient writ, which was addressed by the king to the lord chancellor. to bestow the lncneflce that should first full in the royai glft, above or under a specified value. upon ii person named therein. Rec. Orlg. 307.

{{anchor+|.|BENEFICIUM. In early feudal law. A beneflce; a permanent stlpendiziry estate: the same with what was afterwards called a "liar." “fcud." or “fee." 3 Steph. Comm. 77. note i; Spelmnn.

In the civil law. A benefit or favor: uny pzuticular prlvllege. Dig. 1, 4. 3: Cod. 7. T1; Mnclreld. Rom. Law, 5 196.

A general term applied to ecclesiastical llylngs. 4 Bl. Comm. 10?; Cowell.

—Beneflciiim nlistinendi. In Roman lair. The power of nn heir to abstain from accepting the inheritance Snndors, Just. Inst. (5th lid.) 21-! —Beiieficinni cedendariim actionnm. In Roman law. The privilege by which ii surety could. before paying the creditor. compnl him to make over to him the actions which hrlouged to the stipulntor, so as to avail him- self of thorn Snndars, Just. Inst. (5th Ed.) 2:"" 351.—‘Beiiefieinni c rlcale. Benefit of Sec BEM-Ir-‘ri'.—Benefleinni competentrie. In Scotch law. The privilege of mmpi>rency. A privilege which the grantnr of I zriilurtous obligation was entitled to, by iihicli he might retain sufiicient for his subsist- I'll“, if. before fulfilli the obligation. he was r--ilured to indigcnee. ell. In the civil law. The right which an insolvent dehtor hnd, among

c Romans. on making cessiun of his property far the benefit of his creditors. to retain what was required for him to live bonestiv according In his condition. 7 Toullier‘. n. 253 —Beneii- riiim div-inicinis. In civil and Scotch law. The privilege of one of several co-suretics (can- iioneis) to insist upon paying only his pro rata. share of the dnht. Bel .—Beneflciiim inventarii. See Bnunrrr.-—Beneficiiim or-(unis. in civil rind Scotch law. The privilege of or- -lrr. The privilege of I). surely to require that ilin creditor should lirst proceed agninst the principnl and exhaust his remedv ricninst him, b=f:-re resorting to the surety. elL—Benefl- cinm sepsr-ntiorris. In the civil law. The ri-zht to have the goods of an heir separated from those of the testator in favor of creditors.

Beneflciirm inon datum nisi propter nficiiim. Hob. 148. A remuneration [is] not siren. unless on nccourit of a duty performed.

{{anchor+|.|BENEFIT. Advuntzige; profit; priv- llege. Fitch v. Bates, 11 Barb. (N. Y.) 473; Synod of Dnkotu v. State. 2 S. 1'). 366, 50 .\'. W. 632, 14 L. R. A. 418; W'intl1rop Co. v Clinton. ]9i"'> Pu. 472, 46 Atl. 435, 79 Am. I: Rep. 7'39.

In the law of eminent domain. it is a rule that ln ii--v isinig damages for private property then or injured for public use. “special bene- Iix." inny he set off against the amount of dam- uge IOUDII, but not ‘general benefits." Within the mvining of this rule. general benefits are - uh DI accrue to the (mnmunily at lnrgr to the - Hg: or to all property similarly situated

rnfcrence to the work or improvement in qiinrion: while special benefits are such as ac-

l"llf‘ ilirwtly and solely to the owner of the land

in qr...-ion and nut to others. Little l\Iia.mi R.

N. Y. Supp. 542: Barr v. Omniin. 42 l\'eb. 341, 60 N. W. 591. —Benefit building society. The original name for What is now more commonly called 3 “hurlding society," lq. i;.)—Beiieflt of cession. In the civil _lziw. The release of a debtor from future rnipnsunmcnt for his debts, which the liiw operates in his favor upon the surrender of his property _for the heriefit of his creditors. Potb. Prue. C_ivil. pt. 5, c. 2, 5 1.’Beiieflt of clergy. In its original sense, the phrase de- noted the exemption which nus accorded to clergymen from the jurisdictioii of the secular courts, or from arrest or attachment on criminal process lssuing from those courts in certai_n_pnrticular cases. Afterwards. it meant ii privilege of exemption from the punishment of death accorded to such persons as were clcilra. or who could read. This privilege of exemption from (lapltal punishment was anciently allowed to clergymen only, but afterwards to who were connected with the church. even to lts _most subordinate officers, and at u still later time to all persons who could rend. (then called “clerks.") whether ecclesiastics or lay- men. It does not appear to have been extended to mscs of high treason, nor did it ripplr tn mere misdemeanors. privilege was claim- ed after the person's conviction, by it species of motion in, arrest of judgment, technically called “praying his clergy." As a menus of testing his clerical character. he was given a salin to read. usually, or always, the fifty- rst.) and, upon ls reading it correctly. he was turned over to the ecclesiastical courts. to be tried by the bishop or ti jury of twelve clerks. These heard him on oath, with his witnesses and compurgators, who attested their belief in his innocence. This priillege operated greatly to mitigate the extreme rigor of the criminal laws. hiit was found to involve such gross iibiiscs that poriismcnt began to enact that certain crimes should he felonies “without benefit of clergy,” and flriarly, by S . Geo. IV. 1:. 28. 5 0, it was altogether abolished. The act of congress of April 30. 1790. § 30. provided that there should he no benefit of clergy for any capital crime against the United States. rind, if this privilege formed a 211 of the com- mon law of the several states efore the Revolution. it no longer cxisls.—Beiiefit of discussion. In the civil law. The right wliidi a surety has to cause the property of the principal debtor to be applied in satisfaction of the ob- ligation in the fii-st instance. Cir’. Code Ln. arts 3014-3020. In Scotch law. That whereby the antecedent l)Pl1'. such as the heir of line in. 21 pursuit against the heir of taflzie. el;c.. must be firat pursued lo fulfill the defunct's deeds and pay his debts. Tbis benefit is likewise competent in many cases to (:iut_ioncrs.—Beneflt of division. Same as beiieficium divisionis. (II. V.) —Benefit of inventory. In the civil law. The privilege which the heir obtains of being iiable for the charges and debts of the successlon. only to the value of the r-|Ir-cfs of the succession, by causing an inventory of these effects within the time and manner prescribed by low. Civil Code Ind. art. I039 —Beneflt societies Under tbis and several SlI!ll1.8l' names. in win- ous states, corporations exist to receive periodical payments from members, and bold them as a fund to be loaned or given to members needing pecuniary relivf. Such are beneficial societies of Maryland, fund associations of Missouri. lonn and fund associations of Mussochusetts, mechanics’ associations of Miehisin, protection societies of New Jersey. Friendly societies in Great Britain are a still more extensive and important species belonging to this

class. Comm. v. Equitable Ben. Ass'n. Pa. 412, 18 ALL 1112; Cam. v. Aid Ass‘n.

94 Pa. -169.