英文法律词典 B-14

BEARERS, Eng. crim. law. Such as bear down or oppress others; maintainers. In Ruffhead's Statutes² it is employed to translate the French word emparnours, which signifies, according to Kelham, undertakers of suits. 4 Ed. III. c. 11. This word is no longer used in this sense.

BEARING DATE. These words are frequently used in conveyancing and in pleading; as, for example, a certain indenture³ bearing date the first day of January, 1851, which signifies not that the indenture was made on that day, but simply that such date has been put to it.

2. When in a declaration the plaintiff alleges⁴ that the defendant⁵ made his promissory note on such a day, he will not be considered as having alleged⁶ it bore date on that day, so as to cause a variance⁷ between the declaration and the note produced bearing a different date. 2 Greenl. Ev. §1610; 2 Dowl. & L. 759.

BEAU PLEADER, Eng. law. Fair pleading. See Stultiloquium.

2. This is the name of a writ⁸ upon the statute¹ of Marlbridge, 52 H. III. c. 11, which enacts⁹, that neither in the circuit of justices, nor in counties, hundreds, or courts baron¹⁰, any fines shall be taken for fair pleading; namely, for not pleading fairly or aptly to the purpose. Upon this statute this writ was ordained¹¹, directed to the sheriff, bailiff, or him who shall demand the fine; and it is a prohibition¹³ or command not to do it. Now Nat. Br. 596 2 Inst. 122; Termes de la Le 2 Reeves' Hist. Eng. Law, 70 Cowel; Crabb's Hist. of the Eng. Law, 150. The explanations given of this term are not very satisfactory.

BEDEL, Eng. law. A cryer or messenger of a court, who cites men to appear and answer. There are also inferior officers of a parish or liberty who bear this name.

BEE. The name of a well known insect.

2. Bees are considered ferae naturae while unreclaimed; and they are not more subjects of property while in their natural state, than the birds which have their nests on the tree of an individual. 3 Binn. R. 546 5 Sm. & Marsh¹⁵. 333. This agrees with the Roman law. Inst. 2 1, 14; Dig. 41, 1, 5, 2; 7 Johns. Rep. 16; 2 Bl. Com. 392 Bro. Ab. Propertie, 37; Coop. Justin. 458.

3. In New York it has been decided¹⁶ that bees in a tree belong, to the owner of the soil, while unreclaimed. When they have been reclaimed¹⁴, and the owner can identify them, they belong to him, and not to the owner of the soil. 15 Wend. R. 550. See 1 Cowen, R. 243.

BEGGAR. One who obtains his livelihood¹⁷ by asking alms. The laws of several of the states punish begging as an offence.

BEHAVIOUR. In old English, haviour without the prefix¹⁸ be. It is the manner of having, holding, or keeping one's self or the carriage of one's self with respect to propriety¹⁹, morals, and the requirements of law. Surety to be of -good behaviour is a larger requirement than surety to keep the peace. Dalton, c. 122; 4 Burn's J. 355.

BEHOOF. As a word of discourse²⁰, Signifies need, (egestas, necessitas, indigentia.) It comes from behoove²¹, (Sax. behoven,) to need or have need of. In a secondary sense, which is the law sense of the word, it signifies use, service, profit, advantage, (interesse, opus.) It occurs in conveyances²² of land in fee simple.

BELIEF. The conviction of the mind, arising from evidence received, or from information derived²³, not from actual perception by our senses, but from. the relation or information of others who have had the means of acquiring actual knowledge of the facts and in whose qualifications for acquiring that knowledge, and retaining it, and afterwards in communicating it, we can place confidence. " Without recurring²⁴ to the books of metaphysicians' "says Chief Justice Tilghman, 4 Serg. & Rawle, 137, "let any man of plain common sense, examine the operations of, his own mind, he will assuredly find that on different subjects his belief is different. I have a firm belief that, the moon revolves²⁵ round the earth. I may believe, too, that there are mountains and valleys in the moon; but this belief is not so strong, because the evidence is weaker." Vide 1 Stark²⁶. Ev. 41; 2 Pow. Mortg. 555; 1 Ves. 95; 12 Ves. 80; 1 P. A. Browne's R 258; 1 Stark. Ev. 127; Dyer, 53; 2 Hawk²⁷. c. 46, s. 167; 3 Wil. 1, s. 427; 2 Bl. R. 881; Leach²⁸, 270; 8 Watts²⁹, R. 406; 1 Greenl. Ev. §7-13, a.

BELOW. Lower in place, beneath, not so high as some other thing spoken of, of tacitly referred to.

2. The court below is an inferior court, whose, proceedings³⁰ may be examined on error by a superior court, which is called the court above.

3. Bail¹² below is that given to the sheriff in bailable³¹ actions, which is so called to distinguish it from bail to t-he action, which is called bail above. See Above; Bail above; Bail below.