Page:Black's Law Dictionary (Second Edition).djvu/138

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


BETTERMENT

How. Prac. (N. Y.) 220: Abel] v. Brady, 79 .\Id. 94, 28 Atl. 817: Chase v. Sioux City, SG Iowa, 603, 53 N. W. 333.

—Betterment acts. Statutes which provide that a bona fide occupant of real estate mnklug lasting improvements in good faith shall have a Lien upon the estate recovered by the real owner to the extent that his improvements have increased the value of the and. Also called “0(‘(‘ilp_\ in: claimant acts." Jones v. Hotel 00., 96 Fed. 386. 30 C. C. A. 108.

{{anchor+|.|BETWEEN. As a measure or indication of distance. this word has the efi’eI‘t of or- cluding the two termini. Revere v. Leonard. 1 Mass 93; State v. Godfrey, 12 Me. 3415. See Morris & E. R. Co. v. Central R. 00., 31 N. J. Law, 212.

If an act is to be done "between" two certain days, it must be performed before the coiuincncemcnt of the latter day. In computing the time in such a case, both the days named are to be excluded. Richardson v. Ford. I4 I1]. 333; Bunce v. Reed, 16 Barb. (N. Y.) 352.

In case of a devise to A, and B. "between them," these words create a tenancy in com- mon. Lusiihrook v. Cock, 2 Mer. 70.

BEVERAGE. This term is properly used to distinguish a sale of liquors to be drunk for the pleasure of drinking, from iiquors to be drunk in obedience to a physician's ad- vice. Coin. v. Mnndeville, 142 Mass. 409, 8 l\‘. E. 327.

{{anchor+|.|BEWARED. 0. Eng. Expanded. Before the Britons and Saxons had introduced the general use of money, they traded chiefly by exchange of wares. Wharton.

{{anchor+|.|BEYOND SEA. Beyond the limits of the kingdom of Great Britain and Ireland; out- side the United States; out of the state.

Beyond sea. beyond the four seas. beyond the seas, and out of the realm, are syuonvinoiis. Prior to the union of the two crowns of England and Scotland, on the accession of James I., the phrases "heyond the four seas," “beyond the seas," and “out of the realm," signified out of the limits of the realm of England. Pan- r-nnst's Lessee v. Addison, 1 Ear. & J. Old.) 330. 2 Am. Dec. 520.

In Pennsylvania, it has been construed to mean “without the limits of the United States.” which approaches the literal ' ' ' Ward v. Ilallum. 2 Doll. 2 Id., 1 Yeates (Pa) 32 ; Green v. Neal. 6 Pet. 291. 300. 8 L. Ed. 402, The some constriirtion has been given to it in Missouri. Keel-nn‘s Heirs v. Keeton's Adm'r. 20 Mo. 530. See Aug. Lim. 55 200. 201.

The term “beyond seas," in the proviso or saving clause of a statute of limitations. is equiv- alent to without the limits of the state wher the statute is enacted: and the party who is Without those limits is entitled to the benefit of the exception. Fair v. Roherdcuu. 3 Cranch, 174, 2 L. Ed. 402: llfnrriiy v. Baker, 3 5-11, 4 L. Ed. 454: Shelby v. Guy, 11 Wheat.

1. 6 L. Ed. 495: ' '

Arlm'r v. Foot’s Adm'r. 2 l\icGord (S. C.) 13 Am. Dec. 732: Wzikeficiil v. Smart. 8 Ark. 488; Di-nh'irn v. llalemnn. 26 Ga. 152. 71 Am. Dec. 198; Gaiusha v. Cobleigh, 13 N. 11. 70.

130

{{anchor+|.|BI DAL

{{anchor+|.|BIAS. Inclination; bent: prepossession; a preconceived opinion; a predisposition to decide a cause or an issue in a certain way, which does not leure the mind perfectly open to conviction. Maddox v. State, 32 Ga. 587. 79 Am. Dec. 307; Pierson v. State. 18 Tex. App. 558; Hinkle v. State, 94 Ga. 595, 21 S. E. 601.

_'I'hls term is not synonymous with “preju- dice." By the use of this word in a statute de- einring disqualification of jurors, the legislature intended to describe another and somewhat different ground of disqiialiflcation. A man cannot be prejudiced against another without heing biased against him , but he may be biased without being prejudiced. Bias is "a particular influential power, which sways the judgment: the inclination of the mind towards a particu- lar object." It is not to be supposed that the legislature expected to secure in the juror ii state of mind absolutely free from all inclination to one side or the other. The statute means that, although a juror has not formed ii judgment for or against the prisoner, before the eviilcnce is heard on the trial, yet, if he is under suclu an influence as so sways his mind to the one side or the other as to prevent his deciding the cause according to the evidence. he is icnompetent. Willis v. State. 12 Ga. 444.

Actual bias consists in the existence of ii state of mind on the part of the juror which satisfies the court, in the exercise of I sound discretion. that the juror cannot try the issues impartially and without prejudice to the sub- stantial rights of the party challenging. State v. Chapman. 1 S. D. 414. 47 N. W. 411, 10 L. H. A. 432' People v. l\LcQuade, ‘I10 N. Y. 284. 18l\'.E.I f‘»,1L.R. 100 Cal. 2-7. 34 Pac.

A. 273; People v. Wells. 718.

{{anchor+|.|BID. An ofler by an intending purchaser to pay a designated price for property which is about to be sold at auction. U. S. v. Vestiil (D. C.) 12 Fed. 59: Payne v. Cave, 3 Term, 149; Eppes v. Railroad Co., 35 Ala. 56.

—Bid in. Property sold at auction is said to be '‘bid in" by the owner or an incumbranrer or some one else who is interested in it, when he attonds the sale and makes the successful bid.—Bid off. One is sald to “bid 0E" a (bin: when he bids for it at an auction sale, and it is knocked down to him in immediate succession to the bid and as a consequence of it. Eppes v. Railroad Co.. 35 A111. I Doudna v. lliarlan. 45 Kan. 484:. 25 Pay. S83.—Bidder. One who offers to pay a. specified price {or an article offered for sale at a public auction. Webster v. Frencli. 11 Ill. 254.—B'.'iddings. Offers of a designated price for goods or other property put up for sale at suction.—By-hidding. In the law relating to sal by auction, this term is equivalent to ‘puffing!’ The practice consists in making flcfitious bids for the property. under a secret arrangement with the owner or auctioneer, for the purpose of misleading and stiniulat g other persons who are bidding in good Eaith.—Upset hid. hid made after a judicial sale, but before the succossful hid at the sale has been confirmed. larger or better than such successful hid, and made for the purpose of llpsctfil_\,\: the sale and securing to the ‘upset bidder" the privilege of tuking the properly at his bid or competing at a new sale. Yost v. Porter. 30 Va. 858.

{{anchor+|.|BIDAL, or BIDALI... An invitation of friends to drink ale at the house of some poor man, who hopes thereby to be relieved by chiiritnhle contribution. It is something

like “house-warming," 1'. 6., a visit of friends