英文法律词典 B-26

BIPARTITE. Of two parts. This term is used in conveyancing as, this indenture¹ bipartite, between A, of the one part, and B, of the other part. But when there are only two parties, it is not necessary to use this word.

BIRRETUM or BIRRETUS. A cap or coif used formerly² in England, by judges and sergeants³ at law. Spelm. h. t.; Cunn. Dict. Vide Coif.

BIRTH. The act of being wholly brought into the world. The whole body must be detached from that of the mother, in order to make the birth complete. 5 C. & P. 329; S. C. 24 E. C. L. R. 344 6 C. & P. 349; S. C. 25 E. C. L. R. 433.

2. But if a child be killed with design and maliciously⁴ after it has wholly come forth⁵ from the body of the mother, although still connected with her by means of the umbilical cord, it seems that such killing⁶ will be murder. 9 C. & P. 25 S . C. 38 E. C. L. R. 21; 7 C. & P. 814. Vide articles Breath; Dead Born; Gestation⁷; Life; and 1 Beck' s Med. Jur. 478, et seq.; 1 Chit. Med. Jur. 438; 7 C. & P. 814; 1 Carr. & Marsh⁸. 650; S. C. 41 E. C. L. R. 352; 9 C. & P. 25.

3. It seems that unless the cbild be born alive, it is not properly a birth, but a carriage. 1 Chit. Pr. 35, note z. But see Russ. & Ry. C. C. 336.

BISAILE, domestic relations. A corruption⁹ of the French word besaieul, the father of the grandfather or grandmother. In Latin he is called proavus. Inst. 3, 6, 3 Dig. 38, 10, 1, 5. Vide Aile.

BISHOP¹⁰. An ecclesiastical officer, who is the chief of the clergy¹¹ of his diocese, and is the archbishop's assistant. Happily for this country, these officers are not recognized by law. They derive¹² all their authority from the churches over which they preside. Bishop's COURT, Eng. law. An ecclesiastical court held in the cathedral of each diocese, the judge of which is the bishop's chancellor¹³.

BISHOPRICK, eccl. law. The extent of country over which a bishop has jurisdiction¹⁴ a see; a diocese. For their origin, see Francis Duarenus de sacris Eccles. Ministeriis ac beneficiis, lib. 1, cap. 7; Abbe Fleury, 2d Discourse¹⁵ on Ecclesiastical History, §v.

BISSEXTILE. The day which is added every fourth year to the month of February, in order to make the year agree with the course of the sun. It is called bissextile, because in the Roman calendar it was fixed¹⁶ on the sixth day before the calends of March, (which answers to the 24th day of February,) and this day was counted twice; the first was called bissextus prior, and the other bissextus posterior, but the latter was properly called bissextile or intersalary day. Although the name bissextile is still retained in its obsolete¹⁷ import, we intercalate the 29th of February every fourth Year, which is called leap year; and for still greater accuracy, make only one leap year out of every four centenary years. The years 1700 and 1800 were not leap years, nor will the .year A. D. 1900 be reckoned as one, but the year A. D. 2000 will be a leap year or bissextile. For a learned account of the Julian and Gregorian calendars, see Histoire du Calendrier Romain, by Mons. Blondel; also, Savigny Dr. Rom. §192; and Brunacci's Tract¹⁸ on Navigation, 275, 6. BLACK ACT, English law. An act of parliament made in the 9 Geo. II., which tears this name, to punish certain marauders who committed great outrages¹⁹, in disguise, and with black faces. See Charlt. R. 166.

BLACK BOOK OF THE ADMIRALTY. An ancient book compiled in the reign²⁰ of Edw. III. It has always been deemed of the highest authority in matters concerning the admiralty. It contains the laws of Oleron, At large; a view of the crimes and offences cognizable in the admiralty; ordinances²¹ and commentaries on matters of prize and maritime²² torts, injuries and contracts, 2 Gall²³. R. 404.

BLACK BOOK OP THE EXCHEQUER²⁴. The name of a book kept in the English exchequer, containing a collection of treaties) conventions, charters, &c.

BLACK MAIL. When rents were reserved payable²⁵ in work, grain, and the like, they were called reditus nigri, or black mail, to distinguish them from white rents or blanch²⁶ farms, or such as were paid in money. Vide Alba firma.