fœtus, it one be present. can be felt rising upward and then settling back against the finger.
BALNEARII. In the Roman law. Those who stole the clothes of bathers in the public baths. 4 Bl. Comm. 239.
BAN. 1. In old English and civil law. A proclamation; a public notice; the announcement of an intended marriage. Cowell. An excommunication; a curse, publicly pronounced. A proclamation of silence made by a crier in court before the meeting of champions in combat. Id. A statute, edict, or command; a fine, or penalty.
2. In French law. The right of announcing the time of mowing, reaping, and gathering the vintage, exercised by certain seignorial lords. Guyot, Repert. Univ.
3. An expanse; an extent of space or territory; a space inclosed within certain limits; the limits or bounds themselves. Spelman.
4. A privileged space or territory around a town, monastery, or other place.
5. In old European law. A military standard; a thing unfurled, a banner. Spelman. A summoning to a standard; a calling out of a military force; the force itself so summoned; a national army levied by proclamation.
BANAL. In Canadian and old French law. Pertaining to a ban, or privileged place; having qualities or privileges derived from a ban. Thus, a banal mill is one to which the lord may require his tenant to carry his grain to be ground.
BANALITY. In Canadian law. The right by virtue of which a lord subjects his vassals to grind at his mill, bake at his oven, etc. Used also of the region within which this right applied. Guyot, Repert. Univ.
BANC. Bench; the seat of judgment; the place where a court permanently or regularly sits.
The full bench, full court. A "sitting in banc" is a meeting of all the judges of a court, usually for the purpose of hearing arguments on demurrers, points reserved, motions for new trial, etc., as distinguished from the sitting of a single judge at the assises or at nisi prius and from trials at bar.
BANCI NARRATORES. In old English law. Advocates; counters; serjeants. Applied to advocates in the common pleas courts. 1 Bl. Comm. 24; Cowell.
BANCO. Ital. See Banc. A seat or bench of justice; also, in commerce, a word of Italian origin signifying a bank.
BANCUS. L. Lat. In old English law and practice. A bench or seat in the king's hall or palace. Fleta, lib. 2, c. 16, § 1.
A high seat, or seat of distinction; a seat of judgment, or tribunal for the administration of justice.
The English court of common pleas was formerly called "Bancus."
A sitting in banc; the sittings or a court with its full judicial authority, or in full form, as distinguished from sittings at nisi prius.
A stall, bench, table, or counter, on which goods were exposed for sale. Cowell.
—Bancus reginæ. The queen's bench. See Queen's Bench.—Bancus regis. The king's bench; the supreme tribunal of the king after parliament. 3 Bl. Comm. 41.—Bancus superior. The upper bench. The king's bench was so called during the Protectorate.
BAND. In old Scotch law. A proclamation calling out a military force.
BANDIT. An outlaw; a man banned, or put under a ban; a brigand or robber. Banditti, a band of robbers.
BANE. A malefactor. Bract. l. 1, t. 8, c. 1.
Also a public denunciation of a malefactor; the same with what was called "hutesium," hue and cry. Spelman.
BANERET, or BANNERET. In English law. A knight made in the field, by the ceremony of cutting off the point of his standard, and making it, as it were, a banner. Knights so made are accounted so honorable that they are allowed to display their arms in the royal army, as barons do, and may bear arms with supporters. They rank next to barons; and were sometimes called "vexillarii." Wharton.
BANI. Deodands, (q. v.)
BANISHMENT. In criminal law. A punishment inflicted upon criminals, by compelling them to quit a city, place, or country for a specified period of time, or for life. See Cooper v. Telfair, 4 Dall. 14, 1 L. Ed. 721; People v. Potter, 1 Park. Cr. R. (N. Y.) 54.
It is inflicted principally upon political offenders, "transportation" being the word used to express a similar punishment of ordinary criminals. Banishment, however, merely forbids the return of the person banished before the expiration of the sentence, while transportation involves the idea of deprivation of liberty after the convict arrives at the place to which he has been carried. Rap. & L.
BANK. 1. A bench or seat; the bench or tribunal occupied by the judges; the seat of judgment; a court. The fall bench, or full court; the assembly of all the judges or a court A "sitting in bank" is a meeting of all the judges of a court, usually for the
