Page:Black's Law Dictionary (Second Edition).djvu/139

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BIELBRIEF

to a person beginning to set up house-keep lag. Wharton.

{{anchor+|.|BIELBRIEF. Germ. In European mari- lliiie law. A document furnished by the builder of a \cssel. containing a register of her admeasurcment, psrticulurizing the length, breadth, and dimensions of every part of the ship. It sometimes also contains the terms of agreement between the party for whose account the ship is built, and the shipbuilder. It has been termed in English the "grand hill of sale ;" in French. “contra! dc court:-uclion OH 119 la conic (Pun ‘i.'¢Zi~9J§‘t?l1ll." and cori-esponds in a great degree with the English, French, and American ‘‘register.'’ (q. z-.,) being an equally essential document to the lawful ownership of vessels. Jac. Sea Lliirs. 12. 13, and note. In the Danish law. it is used to denote the contract of bottomry.

{{anchor+|.|BIENES. Sp. In Spanish law. Goods; property of every description, including real as well as personal property; all things (not icing persons) which may serve for the uses of man. IALrki.u v. U. S., 14 Fed. Cas. 1151. —Bieneii comunes. Common property; those Liam.-s which, not being the private property of any person, are open to the use of all. such as tbc air. rain, water, the sea and its beaches. Lux v. l-lugggin, 69 (‘$11. 255. 315. 10 Pat. 707.-— Bienes ganmieiales. A species of community in property enjoyed by husband and wife, the [«i-ups-i~fyiu-Eng divisible equally between them on ll. (l_|b.-Ollltlnll of the marriage; does not in- rliidc “hat lliey hold as their separate property at the time of contracting the marriage. Weld- nr v. Lam . 91 Tex. 510. 44 S. W. 251- Ilieiies puisliooa. Those things which, as to properly, pertain to the people or nation, and. all to their use, to the infliVlfll.i£llS of the territory or district. -such as rivers. shores. ports, and public roads. Lux v. Linggin. 69 Cal. 315. 10 Pac. T07.

{{anchor+|.|BIENNIALLY. This term, in a statute, signifies. not duration of time, but a period for the happening of an event; once in every two years. People v. Tremuin. 9 Hun (N. Y.) 576: People v. Kilbouru, 63 N. Y. 479.

{{anchor+|.|BIENS. In English law. Property of every description, except estates of freehold and inheritance Sugd Vend. 495; C0. Litt. 1191)

In French law. This term includes uli Hill]! of property. real and personal. Bmlw an llyided into biens mcublts. movnhle prop- erly; null bicns imnioublex. immovable prop- --rry. The distinction between movable and bvirowilile property is recognized by the con- lllIIIIl'l1 jurists, and gives rise, in the civil as wall us in the coinnlou law, to many impor- lllll distinctions as to rights and remedies. Sully, 1'-mu. Ltins, § 13, note L

{{anchor+|.|BIG-A or BIGATA. A cart or chariot drawn nith two horses, coupled side to side: but it is said to be properly a cart with two wbcels, sometimes drawn by one horse; and

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{{anchor+|.|BILAGINES

in the ancient records it is used for any cart, wain, or wagon. Jacob.

{{anchor+|.|BIGAMUS. In the civil law. A man who was twice married; one who at <h'flerent times and successively has murried two wives. 4 Inst. 88. One who has two wives living. One who marries a widow.

Bigannu neu trlganiiu, ete., est qui di- versis tempo:-lhus at successive dun.s sen tx-as uxoii-es hnbnlt. 4 Inst. 88. A bigiimus or trigamus, etc.. is one who at different times and successively has married two or three wives.

{{anchor+|.|BIGAMY. The criminal offense of will- fully and knowingly contructi.ng a second marriage (or going through the form of a second marriage) while the first marriage. to the knowledge of the oflender. is still silh- sisting and undlssolved. Com. 1. Mcl\‘erny. 10 Pbila. (Pu.) 207; Glse v. Com., 81 Pa. 430: Scogglns v. State. 32 Ark 213; Cannon v. U. S., 116 U. S. 55, 6 Sup. Ct. 287. 29 L. Ed. 501.

The state of a mun who has two wives. or of u rvmnan who has two husbands, living at the same time.

The offense of having a plurulltv of wives at the same time is commonly denominated "po1ygamy:" but the name “bl,;_:amy" has Leen more frequently given to it in legal proceedings. 1 Russ. Crimes, 185.

The use of the word "hlgamy" to describe this offense is well established by long usage, al- though often criticised as a corruption of the true meaning of the word. Polvgamy is suggested as the correct term, instead of bigai-ny. to designate the offense of having a plurality of wives or husbands at the same time, and has been adopted for that purpose in, the Massa- chusetts statutes. But as the substance of the offense is marrying a second time, while having a lawful husband or wife living, without re- gard to the number of marriages that may have taken place, bianmy seems not an inappropriate term. The objection to its use urged by Black- stone (4 ‘BL Comm. 163) seems to be founded not so much upon considerations of the etymol- ogy of the word as upon the propriety of distin- guishing the ecclesiastical offense termed “bigo- mv" in the canon law, and which is defined be- low. from the offense known as “bi'::ini_v" in the modern crimlnnl law. The same distinction is carefully made by Lord Coke (4 lust. SR) But. the ecclesiastical offense being now obsolete. this reason for substituting pnlyglimv to denote the crime here deflned ceases to have weight. Abbott.

In the canon law, the term denoted the oflense committed by an ecclesiastic who married two wives successively. It might be committed either by mrlrrying a second wife after the death of a first or by marrying u widow.

{{anchor+|.|BIGOT. An obstinate person, or one that is wedded to an opinion, in matters of re- Llgion, etc.

{{anchor+|.|BILAGINES. ipal laws.

By-laws of towns; mun.ic~

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