BATTURE. An elevation¹ of the bed of a river under the surface of the water; but it is sometimes used to signify the same elevation when it has risen above the surface. 6 M. R. 19, 216. The term battures is applied², principally, to certain portions of the bed of the river Mississippi, which are left dry when the water is low, and are covered again, either in whole or in part by the annual swells³. The word battures, in French, signifies shoals or shallows, where there is not water enough for a ship to float. They are otherwise called basses⁴ or brisans. Neuman's Marine⁵ Pocket Dict.; Dict. de Trevoux.

BAWDY-HOUSE, crim. law. A house of ill-fame, (q. v.) kept for the resort and unlawful commerce of lewd⁶ people of both sexes.

2. Such a house is a common nuisance, as it endangers the public peace by drawing together dissolute and debauched persons; and tends to corrupt⁷ both sexes by an open profession of lewdness⁸. 1 Russ. on Cr.; 299: Bac. Ab. Nuisances, A; Hawk⁹. B. 1, c. 74, §1-5.

3. The keeper of such a house may be indicted¹⁰ for the nuisance; and a married woman, because such houses are generally kept by the female sex, may be indicted with her hushand for keeping such a house. 1 Salk. 383; vide Dane's Ab. Index, h. t. One who assists in establishing a bawdyhouse is guilty of a misdemeanor. 2 B. Monroe, 417.

BAY. Is an enclosure to keep in the water for the supply of a mill or other contrivance, so that the water may be able to, drive the wheels of such mill. Stat. 27 Eliz. c. 19.

2. A large open water or harbor where ships may ride, is also called a bay; as, the Chesapeake Bay, the, Bay of New York.

BEACH. The sea shore. (q. v.)

BEACON¹¹. A signal erected¹² as a sea mark for the use of mariners¹³; also, to give warning of the approach of an enemy. 1 Com. Dig. 259; 5 Com. Dig. 173.

TO BEAR DATE. In the description of a paper in a declaration, to say it bears date such a day, is to aver¹⁴ that such date is upon it; and if, on being produced, it is dated at another day, the variance¹⁵ will be fatal. But if it be averred¹⁶ it was made on such a day, and upon its production it bears date on another day, it will not be a variance, because it might have been made one day and dated another. 3 Burr. 904.

BEADLE. Eng. law. A messenger or apparitor of a court, who cites persons to appear to what is alleged¹⁷ against them, is so called.

BEARER. One who bears or carries a thing.

2. If a bill or note be made payable¹⁸ to bearer, it will pass by delivery only, without endorsement¹⁹; and whoever fairly acquires a right to it, may maintain an action against the drawer or acceptor.

3. It has been decided²⁰ that the bearer of a bank note, payable to bearer, is not an assignee of a chose in action within the 11th section of the judiciary act of, 1789, c. 20, limiting the jurisdiction²¹ of the circuit court. 3 Mason, R. 308.

4. Bills payable to bearer are contra-distinguished from those payable to order, which can be transferred only by endorsement and delivery.

5. Bills payable to fictitious²² payees, are considered as bills payable to, bearer.