Legal Term Dictionary

Lat. Well; in proper form; legally ; sufficiently. Benedicta est expositio quando res xedimitur a destructione. 4 Coke, 26. Blessed is the exposition when anything is saved from destruction. It Is a laudable interpretation which gives effect to the instrument, and does not allow its purpose to be frustrated.

Lat. Well; in proper form; legally ; sufficiently. Benedicta est expositio quando res xedimitur a destructione. 4 Coke, 26. Blessed is the exposition when anything is saved from destruction. It Is a laudable interpretation which gives effect to the instrument, and does not allow its purpose to be frustrated. Less...

In ecclesiastical law. In its technical sense, this term includes ecclesiastical preferments to which rank or public office is attached, otherwise described as ecclesiastical dignities or offices, such as bishoprics, deaneries, and the like; but in popular acceptation, it is almost invariably appropriated to rectories, vicarages, perpetual curacies, district churches, More...

In ecclesiastical law. In its technical sense, this term includes ecclesiastical preferments to which rank or public office is attached, otherwise described as ecclesiastical dignities or offices, such as bishoprics, deaneries, and the like; but in popular acceptation, it is almost invariably appropriated to rectories, vicarages, perpetual curacies, district churches, and endowed chapelries. 3 Steph. Comm. 77. "Benefice" is a term derived from the feudal law, In which it signified a permanent stipendiary estate, or an estate held by feudal tenure. 3 Steph. Comm. 77, note, I; 4 Bl. Comm. 107. Less...

Fr. In French law. A benefit or advantage, and particularly a privilege given by the law rather than by the agreement of the parties. -Benefice de discussion. Benefit of discussion. The right of a guarantor to require that the creditor should exhaust his recourse against the principal debtor before having More...

Fr. In French law. A benefit or advantage, and particularly a privilege given by the law rather than by the agreement of the parties. -Benefice de discussion. Benefit of discussion. The right of a guarantor to require that the creditor should exhaust his recourse against the principal debtor before having recourse to the guarantor himself.-Benefice de division. Benefit of division; right of contribution as between co-sureties.-Benefice d'inventaire. A term which corresponds to the beneficium inventarii of Roman law, and substantially to the English law doctrine that the executor propr erly accounting is only liable to the extent of the assets received by him.-Beneficiaire. The person in whose favor a promissory note or bill of exchange is payable; or any person in whose favor a contract of any description is executed. Arg. Fr. Merc. Law, 547. Less...

Tending to the benefit of a person; yielding a profit, advantage, or benefit; enjoying or entitled to a benefit or profit. In re Importers' Exchange (Com. PI.) 2 N. Y. Supp. 257; Regina v. Vange, 3 Adol. & El. (N. S.) 254. This term is applied both to estates (as More...

Tending to the benefit of a person; yielding a profit, advantage, or benefit; enjoying or entitled to a benefit or profit. In re Importers' Exchange (Com. PI.) 2 N. Y. Supp. 257; Regina v. Vange, 3 Adol. & El. (N. S.) 254. This term is applied both to estates (as a "beneficial interest") and to persons, (as "the beneficial owner.") -Beneficial association. Another name for a benefit society. See BENEFIT.-Beneficial enjoyment. The enjoyment which a man has of an estate in his own right and for his own benefit, and not as trustee for another. 11 H. L. Cas. 271.-Beneficial estate. An estate in expectancy is one where the right to the possession is postponed to a future period, and is "beneficial" where the devisee takes solely for his own use or benefit, and not as the mere holder of the title for the use of another. In re Seaman's Estate, 147 N. Y. 69, 41 N. E. 401. -Beneficial interest. Profit, benefit or advantage resulting from a contract, or the ownership of an estate as distinct from the legal ownership pr control.-Beneficial power. In New Y6rk law and practice. A power which has for its object the donee of the power, and which is to be executed solely for his benefit; as distinguished from a trust power, which has for its object a person other than the donee, and is to be executed solely for the benefit of such person. Jennings v. Conboy. 73 N. Y. 234; Rev. St. N. Y. § 79.-Beneficial use. The right to use and enjoy property according to one's own liking or so as to derive a profit or benefit from it including all that makes it desirable or habitable, as, light air, and access; as distinguished from a mere right of occupancy or possession. Reining v. Railroad Co. (Super. Ct.) 13 N. Y. Supp. 240. Less...

One for whose benefit a trust is created; a cestui que trust. 1 Story, Eq. Jur. § 321; In re Welch, 20 App. Div. 412, 46 N. Y. Supp. 689; Civ. Code Cal. 1903, § 2218. A person having the enjoyment of property of which a trustee, executor, etc., has More...

One for whose benefit a trust is created; a cestui que trust. 1 Story, Eq. Jur. § 321; In re Welch, 20 App. Div. 412, 46 N. Y. Supp. 689; Civ. Code Cal. 1903, § 2218. A person having the enjoyment of property of which a trustee, executor, etc., has the legal possession. The person to whom a policy of insurance is payable. Rev. St. Tex. 1895, art. 3096a. -Beneficiary heir. In the law of Louisiana. One who has accepted the succession under the benefit of an inventory regularly made. Civ. Code La. 1900, art. 883. Also one who may accept the succession. Succession of Gusman, 36 La. Ann. 299. Less...

In English law. An ancient writ, which was addressed by the kin" to the lord chancellor, to bestow the benefice that should first fall in the royal gift, above or under a specified value, upon a person named therein. Reg. Orig. 307.

In English law. An ancient writ, which was addressed by the kin" to the lord chancellor, to bestow the benefice that should first fall in the royal gift, above or under a specified value, upon a person named therein. Reg. Orig. 307. Less...

In early feudal law. A benefice; a permanent stipendiary estate; the same with what was afterwards called a "fief," "feud," or "fee." 3 Steph. Comm. 77, note i; Spelman. In the civil law. A benefit or favor; any particular privilege. Dig. 1, 4, 3; Cod. 7, 71; Mackeld. Rom. Law, More...

In early feudal law. A benefice; a permanent stipendiary estate; the same with what was afterwards called a "fief," "feud," or "fee." 3 Steph. Comm. 77, note i; Spelman. In the civil law. A benefit or favor; any particular privilege. Dig. 1, 4, 3; Cod. 7, 71; Mackeld. Rom. Law, | 196. A general term applied to ecclesiastical livings. 4 Bl. Comm. 107; Cowell. -Beneficium abstinendi. In Roman law. The power of an heir to abstain from accepting the inheritance. Sandars, Just. Inst. (5th Ed.) 214.-Beneflicum cedendarum actionum. In Roman law. The privilege by which a surety could, before paying the creditor, compel him to make over to him the actions which belonged to the stipulator, so as to avail himself of them. Sandars, Just. Inst. (5th Ed.) 332, 351.-Beneficium clericals. Benefit of clergy. See BENEFIT.-Beneficium competentise. In Scotch law. The privilege of competency. A privilege which the grantor of a gratuitous obligation was entitled to, by which he might retain sufficient for his subsistence, if, before fulfilling the obligation, he was reduced to indigence. Bell. In the civil law. The right which an insolvent debtor had, among the Romans, on making cession of his property for the benefit of his creditors, to retain what was required for him to live honestly according to his condition. 7 Toullier, n. 258.-Beneficium divisionis. In civil and Scotch law. The privilege of one of several co-sureties (cautioners) to insist upon paying only his pro rata share of the debt. Bell.-Beneficium inven-tariL See BENEFIT.-Beneficium ordinis. In civil and Scotch law. The privilege of order. The privilege of a surety to require that the creditor should first proceed against the principal and exhaust his remedy against him, before resorting to the surety. Bell.-Beneficium separationis. In the civil law. The right to have the goods of an heir separated from those of the testator in favor of creditors. Beneficium non datum nisi propter omeium. Hob. 148. A remuneration [is] not given, unless on account of a duty performed. Less...

Advantage; profit; privilege. Fitch v. Bates, 11 Barb. (N. Y.) 473; Synod of Dakota v. State, 2 S. D. 366, 50 N. W. 632, 14 L. R, A. 418; Winthrop Co. v. Clinton, 196 Pa. 472, 46 Atl. 435, 79 Am. St Rep. 729. In the law of eminent domain, More...

Advantage; profit; privilege. Fitch v. Bates, 11 Barb. (N. Y.) 473; Synod of Dakota v. State, 2 S. D. 366, 50 N. W. 632, 14 L. R, A. 418; Winthrop Co. v. Clinton, 196 Pa. 472, 46 Atl. 435, 79 Am. St Rep. 729. In the law of eminent domain, it is a rule that In assessing damages for private property taken or injured for public use, "special benefits" may be set off against the amount of damage found, but not "general benefits." Within the meaning of this rule, general benefits are such as accrue to the community at large to the vicinage, or to all property similarly situated with reference to the work or improvement in question; while special benefits are such as accrue directly and solely to the owner of the land in question and not to others. Little Miami R. Co. v. Collett, 6 Ohio St 182; St Louis, etc., Ry. Co. v. Fowler, 142 Mo. 670, 44 S. W. 771; Gray v. Manhattan Ry. Co., 16 Daly, 510, 12 N. Y. Supp. 542; Barr v. Omaha, 42 Neb. 341, 60 N. W. 591. -Benefit building society. The original name for what is now more commonly called a. "building society" (q.. v.)-Benefit of cession. In the civil law. The release of a debtor from future imprisonment for his debts, which the law operates in his favor upon the surrender of his property for the benefit of his creditors.. Poth. Proc. Civil, pt 5, c. 2, § 1.-Benefit of clergy. In its original sense, the phrase denoted the exemption which was accorded to clergymen from the jurisdiction of the secular courts, or from arrest or attachment on criminal process issuing from those courts in certain particular cases. Afterwards, it meant a privilege of exemption from the punishment of death accorded to such persons as were clerks. or who could read. This privilege of exemption from capital punishment was anciently allowed to clergymen only, but afterwards to all who were connected with the church, even to its most subordinate officers, and at a still later time to all persons who could read, (then called "clerks,") whether ecclesiastics or laymen. It does not appear to have been extended to cases of high treason, nor did it apply to mere misdemeanors. The privilege was claimed after the person's conviction, by a species of motion in arrest of judgment, technically called "praying his clergy." As a means of testing his clerical character, be was given a psalm to read, (usually, or always, the fifty-first,) and, upon his reading it correctly, he was turned over to the ecclesiastical courts, to be tried by the bishop or a jury of twelve clerks. These heard him on-oath, with his witnesses and compurgators, who attested their belief in his innocence. This privilege operated greatly to mitigate the extreme rigor of the criminal laws, but was found to involve such gross abuses that parliament began to enact that certain crimes should be felonies "without benefit of clergy," and finally, by St. 7 Geo. IV. c. 28, § 6, it was altogether abolished. The act of congress of April 30, 1790, $ 30, provided that there should be no benefit of clergy for any capital crime against the United States, and, if this privilege formed a part of the common law of the several states before the Revolution, it no longer exists.-Benefit of disous-sion. In the civil law. The right which a surety has to cause the property of the principal debtor to be applied in satisfaction of the obligation in the first instance. Civ. Code La. arts. 3014-3020. In Scotch law. That whereby the antecedent heir, such as the heir of line in a pursuit against the heir of tailzie, etc., must be first pursued to fulfill the defunct's deeds and pay his debts. This benefit is likewise competent in many cases to cautioners.-Benefit of division. Same as beneficium divisionis, (q. v.) -Benefit of inventory. In the civil law. The privilege which the heir obtains of being liable for the charges and debts of the succession, only to the value of the effects of the succession, by causing an inventory of these effects within the time and manner prescribed by law. Civil Code La. art. 1032.-Benefit societies. Under this and several similar names, in various states, corporations exist to receive periodical payments from members, and hold them as a fund to be loaned or given to members needing pecuniary relief. Such are beneficial societies of Maryland, fund associations of Missouri, loan and fund associations of Massachusetts, mechanics' associations of Michigan, protection societies of New Jersey. Friendly societies in Great Britain are a still more extensive and important species belonging to this class. Comm. v. Equitable Ben. Ass'n, 137 Pa. 412, 18 Atl. 1112; Com. v. Aid Ass'nP 94 Pa, 489. Less...

A feudal service rendered by the teuant to his lord with plow and cart. Cowell.

A feudal service rendered by the teuant to his lord with plow and cart. Cowell. Less...

The doing a kind or helpful action towards another, under no obligation except an ethical one. Is no doubt distinguishable from the words "liberality" and "charity ;" for, although many charitable institutions are very properly called "benevolent," it is impossible to say that every object of a man's benevolence is More...

The doing a kind or helpful action towards another, under no obligation except an ethical one. Is no doubt distinguishable from the words "liberality" and "charity ;" for, although many charitable institutions are very properly called "benevolent," it is impossible to say that every object of a man's benevolence is also an object of his charity. James v. Allen, 3 Mer. 17; Pell v. Mercer, 14 R. I. 443; Murdock v. Bridges, 91 Me. 124, 39 Atl. 475. In public law. Nominally a voluntary gratuity given by subjects to their king, but in reality a tax or forced loan. Less...