Legal Term Dictionary

Beyond the limits of the kingdom of Great Britain and Ireland; outside the United States; out of the state. Beyond sea, beyond the four seas, beyond the seas, and out of the realm, are synonymous. Prior to the union of the two crowns of England and Scotland, on the accession More...

Beyond the limits of the kingdom of Great Britain and Ireland; outside the United States; out of the state. Beyond sea, beyond the four seas, beyond the seas, and out of the realm, are synonymous. Prior to the union of the two crowns of England and Scotland, on the accession of James I., the phrases "beyond the four seas," "beyond the seas." and "out of the realm," signified out of the limits of the realm of England. Pan-coast's Lessee v. Addison, 1 Har. & J. (Md.) 350, 2 Am. Dec. 520. In Pennsylvania, it has been construed to mean "without the limits of the United States," which approaches the literal signification. Ward v. llallam, 2 Dall. 217, 1 L. Ed. 355: Id., 1 Yeates (Pa.) 329; Green v. Neal, A Pet. 291, 300, 8 L. Ed. 402. The same construction has been given to it in Missouri. Keeton's Heirs v. Keeton's Adm'r, 20 Mo. 530. See Ang. Lim. §§ 200, 201. The term "beyond seas," in the proviso or saving clause of a statute of limitations, is equivalent to without the limits of the state where the statute is enacted;. and the party who is without those limits is entitled to the benefit of the exception. Faw v. Roberdeau, 8 Cranch, 174, 2 L. Ed. 402; Murray v. Baker, 3 Wheat 541, 4 L. Ed. 454; Shelby v. Guy, 11 Wheat. 361. 6 L. Ed. 495: Piatt v. Vattier, 1 McLean, 146, Fed. Cas. No. 11,117: Forbes' Adm'r v. Foot's Adm'r. 2 McCord (S. C.) 331, 13 Am. Dec. 732; Wakefield v. Smart, 8 Ark. 488; Denham v, Holeman, 26 Ga. 182, 71 Am. Dec* 198; Galusha v. Cobleigh, 13 N. H. 79. ) BIDAL Less...

Inclination; bent; prepossession; a preconceived opinion; a predisposition to decide a cause or an issue in a certain way, which does not leave the mind perfectly open to conviction. Maddox v. State, 32 Ga. 587, 79 Am. Dec. 307; Pierson v. State, 18 Tex. App. 558; Hinkle v. State, 94 More...

Inclination; bent; prepossession; a preconceived opinion; a predisposition to decide a cause or an issue in a certain way, which does not leave the mind perfectly open to conviction. Maddox v. State, 32 Ga. 587, 79 Am. Dec. 307; Pierson v. State, 18 Tex. App. 558; Hinkle v. State, 94 Ga. 595, 21 S. E. 601. This term is not synonymous with "prejudice." By the use of this word in a statute declaring disqualification of jurors, the legislature intended to describe another and somewhat different ground of disqualification. A man cannot be prejudiced against another without being biased against him; but he may be biased without being prejudiced. Bias is "a particular influential power, which sways the judgment; the inclination of the mind towards a particular object." It is not to be supposed that the legislature expected to secure in the juror a state of mind absolutely free from all inclination to one side or the other. The. statute means that, although a juror has not formed a judgment for or against the prisoner, before the evidence is heard on the trial, yet, if he is under such an influence as so sways his mind to the one side or the other as to prevent his deciding the cause according to the evidence, he is incompetent. Willis v. State, 12 Ga. 444. Actual bias consists in the existence of a state of mind on the part of the juror which satisfies the court, in the exercise of a sound discretion, that the juror cannot try the issues impartially and without prejudice to the substantial rights of the party challenging. State v. Chapman, 1 S. D. 414, 47 N. W. 411. 10 L. R. A. 432; People v. MicQuade. 110 N. Y. 284. 18 N. E. 156, 1LR. A. 273; People v. Wells, 100 Cal. 227. 34 Pac. 718. Less...

An offer by an intending purchaser to pay a designated price for property which is about to be sold at auction. U. S. v. Vestal (D. C.) 12 Fed. 59; Payne v. Cave, 3 Term, 149; Eppes v. Railroad Co., 35 Ala. 56. -Bid in. Property sold at auction is More...

An offer by an intending purchaser to pay a designated price for property which is about to be sold at auction. U. S. v. Vestal (D. C.) 12 Fed. 59; Payne v. Cave, 3 Term, 149; Eppes v. Railroad Co., 35 Ala. 56. -Bid in. Property sold at auction is said to be "bid in" by the owner or an incumbrancer or some one else who is interested in it, when he attends the sale and makes the successful bid.-Bid off. One is said to "bid or' a thing when he bids for it at an auction sale, and it is knocked down to, him in immediate succession to the bid and as a consequence of it. Eppes v. Railroad Co.. 35 Ala. 56: Doudna v. [arlan, 45 Kan. 4£4, 25 Pac. 883.-Bidder. One who offers to pay a specified price for an article offered for sale at a public auction. Webster v. French, 11 111. 254.-Biddings. Offers of a designated price for goods or other property put up for sale at auction.-By-bidding. In the law relating to sales by auction, this term is equivalent to "puffing." The practice consists in making fictitious bids for the property, under a secret arrangement with the owner or auctioneer, for the purpose of misleading and stimulating other persons who are bidding in good faith.-Upset bid. A bid made after a judicial sale, but before the successful bid at the sale has been confirmed, larger or better than such successful bid. and made for tbe purpose of upsetting the sale and securing to the "upBet bidder" the privilege of taking the property at his bid or competing at a new sale. Yost v. Porter, 80 Va. 858. Less...

An invitation of friends to drink ale at the house of some poor man, who hopes thereby to be relieved by charitable contribution. It is something like "house-warming," i. e., a visit of friends to a person beginning to set up house-keep-, ing. Wharton.

An invitation of friends to drink ale at the house of some poor man, who hopes thereby to be relieved by charitable contribution. It is something like "house-warming," i. e., a visit of friends to a person beginning to set up house-keep-, ing. Wharton. Less...

Germ. In European marl-time law. A document furnished by the builder of a vessel, containing a register of her admeasurement, particularizing the length, breadth, and dimensions of every part of the ship. It sometimes also contains the terms of agreement between the party for whose account the ship is built, More...

Germ. In European marl-time law. A document furnished by the builder of a vessel, containing a register of her admeasurement, particularizing the length, breadth, and dimensions of every part of the ship. It sometimes also contains the terms of agreement between the party for whose account the ship is built, and the ship-builder. It has been termed In English the "grand bill of sale;" in French, "contrat de construction ou de la vente d'un vaisseau" and corresponds in a great degree with the English, French, and American "register," (q. v.,) being an equally essential document to the lawful ownership of vessels. Jac Sea Laws, 12, 13, and note. In the Danish law, it is used to denote tbe contract of bottomry. Less...

Sp. In Spanish law. Goods; property of every description, Including real as well as personal property; all things (not being persons) which may serve for the uses of man. Larkin v. U. S., 14 Fed. Gas. 1154. -Bienes comunes. Common property; those things which, not being the private property of More...

Sp. In Spanish law. Goods; property of every description, Including real as well as personal property; all things (not being persons) which may serve for the uses of man. Larkin v. U. S., 14 Fed. Gas. 1154. -Bienes comunes. Common property; those things which, not being the private property of any person, are open to the use of all, such as. the air, rain, water, the sea and its beaches. Lux v. Haggin. 39 Cal. 255, 315, 10 Pac. 707.- Bienes ganancieles. A species of community in property enjoyed by husband and wife, the property being divisible equally between them on the dissolution of the marriage; does not include what they held as their separate property at the time of contracting the marriage. Welder v. Lambert, 91 Tex. 510, 44 S. W. 281.-Bienes publicos. Those things which, as to property, pertain to the people or nation, and, as to their use, to the individuals of tbe territory or district, such as rivers, shores, ports, and public roads. Lux v. Haggin, 69 Cal. 315, 10 Pac 707. Less...

This term, in a statute, signifies, not duration of time, but a period for the happening of an event; once in every two years. People v. Tremain, 9 Hun (N. Y.) 576; People v. Kilbourn, 68 N. Y. 479.

This term, in a statute, signifies, not duration of time, but a period for the happening of an event; once in every two years. People v. Tremain, 9 Hun (N. Y.) 576; People v. Kilbourn, 68 N. Y. 479. Less...

In English law. Property of every description, except estates of freehold and inheritance. Sugd. Vend. 495; Co. Litt 119b. In French, law. This term includes all kinds of property, real and personal. Bicns are divided into biens meubles, movable property; and biens immeubles, immovable property. The distinction between movable and More...

In English law. Property of every description, except estates of freehold and inheritance. Sugd. Vend. 495; Co. Litt 119b. In French, law. This term includes all kinds of property, real and personal. Bicns are divided into biens meubles, movable property; and biens immeubles, immovable property. The distinction between movable and immovable property is recognized by the continental jurists, and gives rise, in the civil as well as in the common law, to many important distinctions as to rights and remedies. Story, Confl. Laws, | 13, note 1. Less...

A cart or chariot drawn with two horses, coupled side to side: but it is said to be properly a cart with two wheels, sometimes drawn by one horse; and in the ancient records it is used for any cart, wain, or wagon. Jacob.

A cart or chariot drawn with two horses, coupled side to side: but it is said to be properly a cart with two wheels, sometimes drawn by one horse; and in the ancient records it is used for any cart, wain, or wagon. Jacob. Less...

In the civil law. A man who was twice married; one who at different times and successively has married two wives. 4 Inst 88. One who has two wives living. One who marries a widow. Bigamus seu trigamus, etc., est qui diversia temporibns et successive duas sen tres xores habuit. More...

In the civil law. A man who was twice married; one who at different times and successively has married two wives. 4 Inst 88. One who has two wives living. One who marries a widow. Bigamus seu trigamus, etc., est qui diversia temporibns et successive duas sen tres xores habuit. 4 Inst. 88. A blgamus or trigamus, etc., is one who at different times and successively has married two or three wives. Less...