英文法律词典 B-5

BAILOR, contracts. He who bails¹ a thing to another.

2. The bailor must act with good faith towards the bailee; Story's Bailm. §74, 76, 77; permit him to enjoy the thing bailed² according to contract; and, in some bailments, as hiring, warrant the title and possession of the thing hired, and probably, to keep it in suitable order and repair for the purpose of the bailment³. Id. §Vide Inst. lib. 3, tit. 25.

BAILIWICK. The district over which a sheriff has jurisdiction⁴; it signifies also the same as county, the sheriff's bailiwick extending over the county.

2. In England, it signifies generally that liberty which is exempted⁵ from the sheriff of the county over which the lord of the liberty appoints a bailiff. Vide Wood's Inst. 206.

BAIR-MAN, Scottish law. A poor insolvent⁶ debtor⁷ left bare.

BAIRN'S PART, Scottish, law. Children's part a third part of the defunct's free movables, debts deducted⁸, if the wife survive, and a half if there be no relict.

BALANCE, com. law. The amount which remains⁹ due by one of two persons, who have been dealing¹⁰ together, to the other, after the settlement of their accounts.

2. In the case of mutual¹¹ debts, the balance only can be recovered by the assignee of an insolvent, or the executor of a deceased person. But this mutuality¹² must have existed at the time of the assignment by the insolvent, or at the death of the testator.

3. The term general balance is sometimes used to signify the difference which is due to a party claiming a lien¹³ on goods in his hands, for work or labor¹⁴ done, or money expended¹⁵ in relation to those and other goods of the debtor. 3 B. & P. 485; 3 Esp. R. 268.

BALANCE SHEET. A statement made by merchants and others to show the true state of a particular business. A balance sheet should exhibit all the balances of debits¹⁶ and credits, also the value of merchandize, and the result of the whole. Vide Bilan.

BALANCE OF TRADE, Com. law. The difference between the exports and importations, between two countries. The balance of trade is against that country which has imported more than it has exported, for which it is debtor to the other country.

BALIVA. A bailiwick or jurisdiction.

BALIVO AMOVENDO, Eng. practice. A writ¹⁷ to remove a bailiff out of his office.

BALLASTAGE, mar¹⁸. law. A toll¹⁹ paid for the privilege, of taking up ballast from the bottom of the port. This arises from the property in the soil. 2 Chit. Com. Law, 16.

BALLOT²⁰, government. A diminutive²¹ ball, i. e. a little ball used in giving votes; the act itself of giving votes. A little ball or ticket used in voting privately²², and, for that purpose, put, into a box, (commonly called a ballot-box,) or into some other contrivance.

BALNEARII, civil law. Stealers of the clothes of person who were washing in the public baths. Dig. 47, 17; 4 Bl. Com. 239; Calviui Lex. Jurid.

BAN, A proclamation, or public notice any summons or edict by which a thing is forbidden or commanded. Vide Bans of Matrimony; Proclamation; Cowell's Interp.

BANC or BANK. The first of these is a French word signifying bench, pronounced improperly²³ bank. 1. The seat of judgment²⁴, as banc le roy, the king's bench banc le common pleas, the bench of common pleas.

2. The meeting of all the judges or such as may form a quorum²⁵, as, the court sit in banc. Cowell's Interp.

BANCO. A commercial term, adopted from the Italian, used to distinguish bank money from the common currency; as $1000,

BANDIT. A man outlawed²⁶; one who is said to be under ban.

BANE. This word was formerly²⁷ used to signify a malefactor²⁸. Bract. 1. 2, t. 8, c. 1.

BANISHMENT²⁹, crim. law. A punishment inflicted³⁰ upon criminals, by compelling them to quit a city, place, or country, for, a specified³¹ period of time, or for life. Vide 4 Dall. 14. Deportation³²; Relegation³³.