Home >> Bouvier's Law Dictionary >> Attorney to Bona Fide Holder For

Bouvier's Law Dictionary

Attorney
Attorney. One Put In The Place, Turn, Or Stead Of Another, To Manage His Affairs; One Who Manages The Affairs Of Another By Direction Of His Principal. Spelman, Gloss.; Ternves De (a Ley. One Who Acts For Another By Virtue Of An Appointment By The Latter. Attorneys Are Of Various ...

Auction
Auction. A Public Sale Of Property To The Highest Bidder. See 19 Cent. L. J. 247; Bateman, Auct. The Manner Of Conducting An Auction Is Immate Rial, Whether It Be By Public Outcry Or By Any Other Manner. The Essential Part Is The Selection Of A Purchaser From A Number ...

Auctioneer
Auctioneer. A Person Authorized By Law To Sell The Goods Of Others At Public Sale; One Who Conducts A Public Sale Or Auction; I Com. V. Harnden, 19 Pick. (mass.) 482. He Is The Agent Of The Seller; Ans. Contr. 346 ; 3 Term 148; Boinest V. Leignez, 2 Rich. ...

Audita Querela
Audita Querela (lat.). A Form Of Action Which Lies For A Defendant To Recall Or Prevent An Execution, On Account Of Some Matter Occurring After Amounting To A Discharge, And Which Could Not Have Been, And Cannot Be, Taken Advantage Of Otherwise. Thatcher V. Gammon, 12 Mass. 268. If In ...

Auditor
Auditor. An Officer Of The Government, Whose Duty It Is To Examine The Accounts Of Officers Who Have Received And Disbursed Public Moneys By Lawful Authority. The Name Auditor Seems To Have Been Originally Applied To One Whose Duties Were Judicial Rather Than Fiscal." Mcllwain, High Court Of Parl. 251. ...

Auter Action Pendant L
Auter Action Pendant (l. Fr. An Other Action Pending). A Plea That Another Action Is Already Pending. It May Be Made Either At Law Or In Equity ; Story, Eq. Pl. § 736. The Second Suit Must Be For The Same Cause; 2 Dick. 611; Russell V. Alvarez, 5 Cal. ...

Authorities
Authorities. Enactments And Opin Ions Relied Upon As Establishing Or Declaring The Rule Of Law Which Is To Be Applied In Any Case. The Opinion Of A Court, Or Of Counsel, Or Of A Text Writer Upon Any Question, Is Usually Fortified By A Citation Of Authorities. In Respect To ...

Automobiles
Automobiles. A Vehicle For The Car Riage Of Passengers Or Freight, Propelled By Its Own Motor. It Has Been Held To Be A Car Riage, Not A Machine ; Baker V. Fall River, 187 Mass. 53, 72 N. E. 336; But By The Same Court In A Later Case It ...

Autrefois Acquit
Autrefois Acquit (fr. Formerly Ac Quitted). A Plea Made By A Defendant In Dicted For A Crime Or Misdemeanor, That He Has Formerly Been Tried And Acquitted Of The Same Offence. The Constitution Of The United States, Amend. Art 5, Provides That No Person Shall Be Subject For The Same ...

Autrefois Convict
Autrefois Convict (fr. Formerly Con Victed). A Plea Made By A Defendant In Dicted Air A Crime Or Misdemeanor, That He Has Formerly Been Tried And Convicted Of The Same. This Plea Is Substantially The Same In Form As The Plea Of Autrefois Acquit, And Is Grounded On The Same ...

Averment
Averment. A Positive Statement Of Facts, As Opposed To An Argumentative Or In Ferential One. Bacon, Abr. Pleas, B. Averments Were Formerly Said To Be General An Particular ; But Only Particular Averments Are Found In Modern Pleading. 1 Chit. Pl. 277. Particular Averments Are The Assertions Of Particular Facts. ...

Aviation
Aviation. The Air Space Above The High Seas And Unoccupied Territory Is Admittedly Free To All Nations And Persons. It Is With The Air Space Above Territorial Lands And Wa Ters That Conflicting Views Of The Rights Of Nations Are Concerned. According To Hazel Tine (law Of The Air), There ...

Back Water
Back-water. That Water In A Stream Which, In Consequence Of Some Obstruction Below, Is Detained Or Checked In Its Course, Or Re-flows. The Term Is Usually Employed To Designate The Water Which Is Turned Back, By A Dam Erected In The Stream Below, Upon The Wheel Of A Mill Above, ...

Badge Of
Badge Of A Term Used In The Law Of Conveyances Made To Hinder And De Fraud Creditors. It Is Defined As A Fact Tend Ing To Throw Suspicion Upon A Transaction, And Calling For An Explanation. Bump, Fr. Cony. 31. When Such A Fact Appears, Its Effect Is To Require ...

Baggage
Baggage. Such Articles Of Apparel, Or Nament, Etc., As Are In Daily Use By Travel Lers, For Convenience, Comfort, Or Recreation. "it Includes Whatever The Passenger Takes With Him For His Personal Use Or Conven Ience According To The Habits Or Wants Of The Particular Class To Which He Belongs, ...

Bail Bon D
Bail Bon D. A Specialty By Which The Defendant • And Other Persons Become Bound To The Sheriff In A Penal Sum Proportioned To The Damages Claimed In The Action, And Which Is Conditioned For The Due Appearance Of Suih Defendant To Answer To The Legal Process Therein Described, And ...

Bailee
Bailee. One To Whom Goods Are Bailed ; The Party To Whom Personal Property Is De Livered Under A Contract Of Bailment. His Duties Are To Act In Good Faith, And Perform His Undertaking, In Respect To The Pioperty Intrusted To Him, With The Diligence And Care Required By The ...

Bailiff
Bailiff. A Person To Whom Some Au Thority, Care, Guardianship, Or Jurisdiction Is Delivered, Committed, Or Intrusted. Spelman, Gloss. A Sheriff's Officer Or Deputy. 1 Bla. Com. 344. A Court Attendant, Sometimes Called A Tip Staff. A Magistrate, •who Formerly Administered Justice In The Parliaments Or Courts Of France, Answering ...

Bailment
Bailment. A Delivery Of Something Of A Personal Nature By One Party To Another, To Be Held According To The Purpose Or Object Of The Delivery, And To Be Returned Or Deliv Ered Over When That Purpose Is Accomplished. Prof. Joel Parker, Ms. Lect. Harvard Law School, 1851. The Right ...

Ban I Note
Ban I( Note. A Promissory Note, Payable On Demand To The Bearer, Made And Issued By A Person Or Persons Acting As Bankers And Authorized By Law To Issue Such Notes. The Definition Is Confined To Notes Issued By In Corporated Banks In 2 Dan. Neg. Inst. § 1664. See ...

Banishment
Banishment. 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. Telfalr, 4 Dall. (u. S.) 14, 1 L. Ed. 721. It Is Syn Onymous With Exilement And Imports A Com Pulsory Loss ...

Bankrupt
Bankrupt. Originally And Strictly, A Trader Who Secretes Himself Or Does Certain Other Acts Tending To Defraud His Creditors. 2 Bla. Com. 471. A Broken-up Or Ruined Trader. Everett V. Stone, 3 St. 453, Fed. Cas. No. 4,577. By Modern Usage, An Insolvent Person. A Person Who Has Done Or ...

Bankrupt Laws
Bankrupt Laws. Bankruptcy Laws, As Now Understood, Were Not Known To The Common Law. Certain Acts In Eng Land, Beginning With The Statute 34 & 35 Henry Viii. C. 4, Were First Mainly Directed Against The Crim Inal Frauds Of Traders. The Bankrupt Was Treated As A Criminal Offender ; ...

Banns Of Matrimony
Banns Of Matrimony. Public Notice Or Proclamation Of A Matrimonial Contract, And The Intended Celebration Of The Marriage Of The Parties In Pursuance Of Such Contract, To The End That Persons Objecting To The Same May Have An Opportunity To Declare Such Ob Jections Before The Marriage Is Solemnized. Cowell; ...

Barbe R
Barbe R. Barbers Were Incorporated With The Surgeons Of London, But Not To Practice Surgery, Except The Drawing Of Teeth ; 32 Hen. Viii. C. 42. The Business Of A Barber Involves The Pub Lic Health And Interest To Such An Extent That The Requirement Of A License Is A ...

Bargain And Sale
Bargain And Sale. A Contract Or Bar Gain By The Owner Of Land, In Consideration Of Money Or Its Equivalent Paid, To Sell Land To Another Person, Called The Bargainee, Whereupon A Use Arises In Favor Of The Lat Ter, To Whom The Seisin Is Transferred , By Force Of ...

Barratry
Barratry (fr. Barat, Baraterip, Robbery, Deceit, Fraud). Sometimes Written Barretry. The Offence Of Frequently Exciting And Stir Ring Up Quarrels And Suits, Either At Law Or Otherwise. 4 Bla. Com. 134; Co. Litt. 368. See 1 Cowp. 154, By Lord Mansfield. An Indictment For This Offence Must Charge The Offender ...

Bastard
Bastard (bas Or Boat, Abject, Low, Base, Aerd, Nature). One Born Of An Illicit Connection, And Be Fore The Lawful Marriage Of Its Parents. One Begotten And Born Out Of Lawful Wed Lock. 2 Kent 208. One Born Of An Illicit Union. La. Civ. Code, Arts. 29, 199. The Second ...

Battery
Battery. Any Unlawful Beating, Or Oth Er Wrongful Physical Violence Or Constraint, Inflicted On A Human Being Without His Con Sent. 2. Bish. Cr. L. § 71; Clark, Cr. L. 199 ; Long V. Rogers, 17 Ala. 540; Pike V. Han Son, 9 N. H. 491. An Unlawful Touching The ...

Beaupleader L
Beaupleader (l. Fr. Fair Pleading). A Writ Of Prohibition Directed To The Sheriff'or Another, Directing Him Not To Take A Fine For Beaupleader. There Was Anciently A Fine Imposed Called A Fine For Heaupieader, Which Is Explained By Coke To Have Been Originally Imposed For Bad Pleading. Coke, 2d Inst. ...

Belligerency
Belligerency. In International Law. The Status Of De Facto Statehood Attributed To A Body Of Insurgents, By Which Their Hos Tilities Are Legalized. Before They Can Be Recognized As Belligerents They Must Have Some Sort Of Political Organization And Be Carrying On What In International Law Is Re Garded As ...

Bellion
Bellion. The Constitution Of The United States, Art. 1, § 8, Gives Power To Congress "to Provide For Calling Forth The Militia To Execute The Laws Of The Union, Suppress Insurrections, And Repel Invasions." Whenever The United States Shall Be Invaded, Or Be In Imminent Danger Of Invasion, From Any ...

Beneficial Associations
Beneficial Associations. Volun Tary Associations For Mutual Assistance In Time Of Need And Sickness, And For The Care Of Families Of Deceased Members. Niblack, Ben. Soc. And Accid. Ins. These Associa Tions Form In Substance A Very Effective Sys Tem Of Co-operative Life Insurance. The Pay Ment To The Beneficiary ...

Beneficium
Beneficium (lat.). A Portion Of Land Or Other Immovable Thing Granted By A Lord To His Followers For Their Stipend Or Mainte Nance. It Originally Meant A "benefaction" From The King, Usually To A Noble. The Analogous English Institution Was The Jaen Or Loan ; Maitl. Domesd. Book & Beyond ...

Benefit Of Clergy
Benefit Of Clergy. Originally It Meant That An Ordained Clerk Charged With Felony Could Be Tried Only In The Ecclesiasti Cal Court. But, Before The End Of Henry M.'s Reign, The King's Court, Though It De Livered Him To The Ecclesiastical Court For Trial, Took A Preliminary Inquest As To ...

Betrothal Betrothment
Betrothment, Betrothal. A Con Tract Between A Man And A Woman By Which They Agree That At A Future Time They Will Marry Together. The Contract Must Be Mutual; The Prom Ise Of The One Must Be The Consideration For The Promise Of The Other. It Must Be Obligatory On ...

Beyond Seas
Beyond Seas. Out Of The Kingdom Of England; Out Of The State; Out Of The Unit Ed States. "beyond Seas" Means, Generally, Without The Jurisdiction Of The State Or Gov Ernment In Which The Question Arises; 32 E. L. & Eq. 84; Forbes' Adm'r V. Foot's Adm'r, 2 Mccord (s. ...

Bicycle
Bicycle. A Two-wheeled Vehicle Propel Led By The Rider. To Ride A Bicycle In The Ordinary Manner -on A Public Highway For Convenience, Pleas Ure, Or Business Is Lawful. A Person Driving A Horse Thereon Has No Rights Superior To A Person Riding A Bicycle; Thompson V. Dodge, 58 Minn. ...

Bidde R
Bidde R. One Who Offers To Pay A Sped Fled Price For An Article Offered For Sale At A Public Auction. Webster V. French, 11 Ill. 254; One Who Offers To Enter Into A Con Tract For Work And Labor, Or Supplying Ma Terials At A Specified Price. The Bidder ...

Bigamy
Bigamy. The State Of A Man Who Has Two Wives, Or Of A Woman Who Has Two Hus Bands, Living At The Same Time. When The Man Has More Than Two Wives, Or The Woman More Than Two Husbands, Living At The Same Time, Then The Party Is Said To ...

Bilinguis
Bilinguis. Using Two Languages. A Term Formerly Applied To Juries Half Of One Nation And Half Of Another. Plowd. 2. Bill (lat. Billa). A Complaint In Writing Addressed To The Chancellor, Or Judges Of A Court Exercising Chancery Jurisdiction. Its Office In A Chancery Suit Is The Same As A ...

Bill Quia Timet
Bill Quia Timet. A Bill To Guard Against Possible Future Injuries And To Con Serve Present Rights From Possible Destruc Tion Or Serious Impairment. The Limits Of The Application Of The Remedy Are Not Clearly Defined, But It Rests On The Principle Of Re Lieving The Party And His Title ...

Bill In Nature Of
Bill In Nature Of A Bill Of Re Vivor. One Which Is Filed When The Death Of A Party, Whose Interest Is Not Deterinined By His Death, Is Attended With Such A Trans Mission Of His Interest That The Title To It, As Well As The Person Entitled, May Be ...

Bill Of Attainder
Bill Of Attainder ; Ex Post Facto ; Taxa Tion. Under The Last Paragraph Of This Sec Tion It Was Determined That A United States Marshal Could Not Hold The Office Of Commer Cial Agent Of France; 6 Opin. A. G. 409. Sec. 10. The Prohibition Of The First Para ...

Bill Of Credit
Bill Of Credit. Paper Issued By The Authority Of A State On The Faith Of The State, And Designed To Circulate As Money. Briscoe V. Bank, 11 Pet. (u. S.) 257, 9 L. Ed. 709. Promissory Notes Or Bills Issued By A State Government, Exclusively, On The Credit Of The ...

Bill Of Discovery
Bill Of Discovery. In Equity Prac Tice. One Which Prays For The Discovery Of Facts Resting Within The Knowledge Of The Person Against Whom The Bill Is Exhibited, Or Of Deeds, Writings, Or Other Things In His Cus Tody Or Power. Hinde, Ch. Pr. 20; Blake, Chanc. Pract. 37. It ...

Bill Of Exceptions
Bill Of Exceptions. A Written State Ment Of Objections To The Decision Of A Court Upon A Point Of Law, Made By A Party To The Cause, And Properly Certified By The Judge Or Court Who Made The Decision. The Object Of A Bill Of Exceptions Is To Put The ...

Bill Of Exchange
Bill Of Exchange. A Written Order From One Person To An Other, Directing- The Person To Whom It Is Addressed To Pay To A Third Person A Cer Tain Sum Of Money • Therein Named. Byles, Bills 1. By The Negotiable Instrument Act, A Bill Of Exchange Is An Unconditional ...

Bill Of Interpleader
Bill Of Interpleader. °nein Which The Person Exhibiting It Claims No Right In Opposition To The Rights Claimed By The Per Sons Against Whom The Bill Is Exhibited, But Prays The Decree Of The Court Touching The Rights Of Those Persons, For The Safety Of The Person Exhibiting The Bill. ...

Bill Of Lading
Bill Of Lading. The Written Evidence Of A Contract For The Carriage And Delivery Of Goods Sent By Sea For A Certain Freight. A Written Acknowledgment Of The Receipt Of Certain Goods And An Agreement For A Con Sideration To Transport And To Deliver The Same At A Specified Place ...

Bill Of Middlesex
Bill Of Middlesex. A Fiction By Which The King's Bench Acquired Jurisdiction In Ordinary Civil Suits. The Court Could Pro Ceed By Bill Against Certain Officials Of The Court, Or Against Any Persons Accused Of Contempts, Deceits Or Trespasses. But This Process Did Not Apply In Actions Of Debt, Det ...

Bill Of Particulars
Bill Of Particulars. A Detailed In Formal Statement Of A Plaintiff's Cause Of Ac Tion, Or Of The Defendant's Set-off. It Is An Account Of The Items Of The Claim, And Shows The Manner In Which They Arose. The Plaintiff Is Required, Sometimes Under Statutory Provisions, Which Vary Widely In ...

Bill Of Peace
Bill Of Peace. In Equity Practice. One Which Is Filed When A Person Has A Right Which May Be Controverted By Various Per Sons, At Different Times, And By Different Ac Tions. It Is Necessary To Allege That The Com Plainant Is In Possession Or That Both Parties Are Out ...

Bill Of Rights
Bill Of Rights. A Formal And Public Declaration Of Popular Rights And Liberties. The Document Pre-eminently Known By That Name Was The English Statute, 1 W. And M., Sess. 2, C. 2 (1689). What Was Known As The Declaration Of Right Was Delivered To The Prince And Prin Cess Of ...

Bill To Perpetuate Testimony
Bill To Perpetuate Testimony. One Which Is Brought To Secure The Testimony Of Witnesses With Reference To Some Matter Which Is Not In Litigation, But Is Liable To Become So. It Differs From A Bill To Take Testimony De Bene Esse (q. V.) Inasmuch As The Latter Is Sustainable Only ...

Bill To Quiet Possession
Bill To Quiet Possession And Also Called A Bill To Remove A Cloud In Title, And Though Sometimes Classed With Bills Tuft Timet Or For The Cancellation Of Void Instruments, They May Be Resorted To In Oth Er Cases When The Complainant's Title Is Clear And There Is A Cloud ...

Bills Of Ladino Res
Bills Of Ladino ; Res Pert't Domino. Transfer Of Title Between Buyer And Seller. No One But The Owner Can Give Title. If The Owner Is By His Conduct Precluded From Deny Ing The Seller's Authority To Sell, The Buyer May Acquire A Valid Title Although The Seller Has Neither ...

Bishop
Bishop. In England, An Ecclesiastical Officer, Who Is The Chief Of The Clergy Of His Diocese, And Is The Next In Rank To An Arch Bishop. A Bishop Is A Corporation Sole; 1 Bla. Cora. 469. In The United States It Is The Title Of A High Ecclesiastical Officer Of ...

Black Mail
Black Mail. Rents Reserved, Payable In Work, Grain, And The Like. Such Rents Were Called Black Mail (reditus Nigri) In Distinction From White Rents (blanche Firmest, Which Were Rents Paid In Silver. A Yearly Payment Made For Security And Protection To Those Bands Of Marauders Who Infested The Borders Of ...

Blacklisting
Blacklisting. A List Of Names Of Per Sons Kept For The Purpose Of Prohibiting Or Recommending Against Dealings With Them. The Publication Of Such A List Is Libellous Per Se Unless Justified Or Privileged ; Hart Nett V. Plumbers' Supply Ass'n, 169 Mass. 229, 47 N. E. 1002, 38 L. ...

Blanche Firme
Blanche Firme. A Rent Reserved, Pay Able In Silver. A Space Left In A Writing, To Be Filled Up With One Or More Words To Complete The Sense. When A Blank Is Left In A Written Agree Ment Which Need Not Have Been Reduced To Writing, And Would Have Been ...

Blasphemy To
Blasphemy. To Attribute To God That Which Is Contrary To His Nature, And Does Not Belong To Him, And To Deny What Does. A False Reflection Uttered With A Malicious De Sign Of Reviling God. Emlyn's Pref. To Vol. 8, St. Tr.; Corn. V. Kneeland, 20 Pick. (mass.) 244. An ...

Blasting
Blasting. A Mode Of Rending Rock And Other Solid Substances By Means Of Explo Sives. Blasting Rock In The City Of New York Is And Therefore Legal ; Gourdier V. Cormack, 2 E. D. Sm. (n. Y.) 254; Wiener V. Hammell, 14 N. Y. Stipp. 365. It Is A Use ...

Blockade
Blockade. In International Law. The Actual Investment Of A Port Or Place By A Hostile Force Fully Competent, Under Ordinary Circumstances, To Cut Off All Communication Therewith, So Arranged Or Disposed As To Be Able To Apply Its Force To Every Point Of Practicable Access Or Approach To The Port ...

Bo N D
Bo N D. An Obligation In Writing And Un Der Seal. Taylor V. Glaser, 2 S. & R. (pa.) 502 ; Pinkard V. Ingersol, 11 Ala. 19 ; Can Tey V. Duren, Harp. (s. C.) 434 ; Deming V. Bullitt, 1 Biackf. (ind.) 241; Denton V. Adams, 6 Vt. 40; ...

Bona Fide Holder For
Bona Fide Holder For Value. The Negotiable Instruments Act Provides, § 52: A Holder In Due Course Is A Holder Who Has Taken The Instrument Under The Follow Ing Conditions: 1. That It Is Complete And Regular Upon Its Face ; 2. That He Became The Holder Of It Before ...