Roman law did not consider an infant legitimate which was born later than ten months after the death of the father, or the dissolu. tion of the marriage. The Prussian code declares that an infant born 302 days after the husband's death, shall be deemed legitimate. The French civil code declares that a child born in wedlock, has the husband for its father. He may, however, disavow it, if he can prove that, from the 100th to the 180th day before its birth, he was prevented, either by absence or some physical impossibility, from cohabiting with his wife. An infant born before 180 days after marriage cannot be disavowed by him in the following cases-1. When he had knowledge of his wife's pregnancy before marriage. 2. When he assisted at the act of birth, and signed a declaration of it. 3. When the infant is declared incapable of living. Lastly, the legitimacy of an infant born 300 days after the dissolution may be contested. The Scotch law is concise and decisive. "To fix bastardy on a child, the husband's absence must continue till within six lunar months of the birth; and a child born after the tenth month is accounted a bastard." The English law does not prescribe a precise time. Although it has been the practice in our courts to consider forty weeks merely as the more usual time, yet they exercise a discretion of allowing a longer time, when the opinions of the faculty, or the peculiar circumstances of the case, are in favour of a protracted gestation. Beck's Med. Juris. 377.

BIRTHS, BURIALS, AND MARRIAGES. The three most important events that can happen to a person, as to which the only regular documentary proofs, established at this day, are contained in the parish registers, which are in the nature of records; examined extracts from them are received in courts of justice, and certificates, under the hand of the minister of the parish, are resorted to for private purposes.

By 6 & 7 Wm. IV., c. 86, amended by 1 Vict., c. 22, a General Register Office is provided for keeping a register of births, deaths, and marriages in England. The act repeals so much of the 52 Geo. III., c. 146, and 4 Geo. IV., c. 76, as relates to the registration of marriages (§ 1), but does not affect the registration of baptisms and burials as by law established (§ 49).

The form for general registration of births comprises the time of birth, name, and sex of the child; the name, surname, maiden surname, and profession of the parents; the signature, description, and residence of the informant (who must be the father or mother, or, in case of their inability, the occupier of the house, § 20); the date of registration and signature of the registrar, and also the child's baptismal name (if any be given after registration, within six months).

That for deaths comprises the time of death, name and surname, sex, age, pro

fession, and cause of death of the deceased ; the signature, description, and residence of the informant (who must be some person present at the death, or in attendance during the last illness, or else the occupier of the house, § 25), with the date of registration and the signature of the registrar.

And the universal form for registration of inarriages comprises the date of the marriage; the name and surname, age, condition, profession, residence, father's name and surname, and father's profession, of each of the parties; together with the place and form of marriage, and the signatures of the person marrying the parties, and of two witnesses.

Searches may be made, and certified copies obtained, at the General Registrar Office, or at the office of the Superintendent Registrar of the district, or from the clergyman, or registrar, or any other person who shall, for the time being, have the keeping of the register books.

By 3 & 4 Vict., c. 92, provision is made for depositing with the Registrar General a number of non-parochial registers and records of births, baptisms, deaths, burials, and marriages, which had been collected by a commission appointed for that purpose, and for rendering such register and records available as evidence.

BISANTIUM, BESANTINE, or BEZANT, an ancient coin, first issued at Constantinople; it was of two sorts-gold, equivalent to a ducat, valued at 9s. 6d.; and silver, computed at 2s. They were both current in England.

BI-SCOT, a fine of 2s. for not repairing banks, ditches, and causeways.

BISHOP [biscop, Sax., Episcopus, Lat.], an overseer or superintendent. The chief of the clergy in his diocese or jurisdiction in England, Wales, or Ireland, and the archbishop's suffragan or assistant. A bishop is elected by the Queen's congé d'eslire, or license to elect the person named by the Queen, in a letter missive, addressed to the dean and chapter; and if they fail to make election in twelve days, the Queen, by letters patent, inay nominate whom she pleases. A bishop is said to be installed, and there are four things necessary to his complete election:-1, election, which resembles the presentation of a clerk to an ecclesiastical benefice; 2, confirmation, resembling admission; 3, consecration, similar to institution; 4, installation, answering to induction. The bishops are the lords spiritual in Parliament. There are twenty-four bishopricks in England, besides the bishoprick of Sodor and Man, the bishop of which is not a lord of Parliament; and eighteen in Ireland. A bishop has three powers:-1, a power of ordination, gained on his consecration, by which he confers orders, &c., in any place throughout the world; 2, a power of jurisdiction throughout his see or his bishoprick; 3, a power of administration and government of the revenues thereof, gained on confirmation.

He

has, also, a consistory court, to hear eccle- 1 siastical causes, and visits and superintends the clergy of his diocese. He consecrates churches, and institutes priests, confirms, suspends, excommunicates, grants licenses for marriages, and probates of wills. He has his archdeacon, dean and chapter, chancellor, who holds his courts, and assists bim in matters of ecclesiastical law, and vicar-general. He grants leases for three lives, or twenty-one years, reserving the accustomed yearly rent; and he is addressed as "My Lord," being "A Right Reverend Father in God by Divine permission." BISHOPRICK, a diocese or see of a bishop, Bis idem ei agi bona fides non patitur; et in satisfactionibus, non permittitur ampliùs fieri quam semel factum est. 9 Co. 53.-(Good faith does not suffer any person to be in want of the same thing twice, and in making compensation it is not allowed to give more than is given at once.)

BISHOP'S COURT, an ecclesiastical court, held in the cathedral of each diocese, the judge whereof is the bishop's chancellor who judges by the civil canon law; and if the diocese be large, he has his commissaries in remote parts, who hold consistory courts, for matters limited to them by their commission.

BISSEXTILE [bis, Lat., twice, and sextilis, the sixth], leap year, consisting of 366 days, and happening every fourth year, by the addition of a day in the month of February, which, that year, consists of twenty-nine days. And this is done to recover the six hours which the sun takes up nearly in his course, more than the 365 days commonly allowed for it in other years. The day thus added was by Julius Cæsar appointed to be the day before the 24th of February, which, among the Romans, was the sixth of the calends, and which, on this occasion, was reckoned twice; whence it was called the bissextile. By 21 Hen. III., to prevent misunderstanding, the intercalary day and that next before it are to be accounted as one day. The supernumerary day, in leap years, is added to the end of February and called the 29th of that month. Encyc. Lond.

BLACK ACT, the 9 Geo. II., c. 21, so called because it was occasioned by the outrages committed by persons with their faces blacked or otherwise disguised, who appeared in Epping Forest, near Waltham, in Essex, and destroyed the deer there, and committed divers others enormities. Repealed by 7 & 8 Geo. VI., c. 27.

BLACK ACTS, acts printed in the old black letter, during the dynasty of the Stewarts in Scotland.

BLACK BOOK, a book lying in the Exchequer. BLACK GAME, heath fowl, in contradistinc

tion to red game, as grouse.

BLACK MAÏL (maile, Fr., a small piece of money], a certain rent of money, coin, or other thing, anciently paid to persons upon or near the borders, being men of influence, and allied with certain robbers and brigands,

to be protected from their devastations; rendered illegal by 43 Eliz., c. 13. Also, rent paid in cattle, otherwise called neat-gild, and all rent not paid in silver, is called reditus nigri (black mail), by way of dis tinction from the reditus albi (blanch-firmes, or white rents.)

BLACK ROD, GENTLEMAN USHER OF, a chief officer of the Queen, deriving his name from the Black Rod of office, on the top of which reposes a golden lion, which he carries. During the session of Parliament he attends on the Peers, and to his custody all Peers impeached for any crime or contempt are first committed. Black Book, 255. BLACK WARD, a subvassal, who held ward of the king's vassal.

BLADARIUS, a corn-monger, mealman, or corn-chandler.

BLADE, fruit, corn, hemp, flax, herbs, &c. BLANCH FIRMES. In ancient times the crown rents were many times reserved in libris albis or blanch firmes, in which case the buyer was holden de albare firmam, viz., his base money or coin, worse than standard, was molten down in the Exchequer, and reduced to the fineness of standard silver, or, instead thereof, he paid twelve pence in the pound by way of addition. Lowndes on Coins, 5, BLANCH HOLDING, an ancient tenure of the law of Scotland, the duty payable being trifling, as a penny or a peppercorn, &c., if required. 20 Geo. II., c. 50; 25 Geo. II., c. 20. BLANCOFORDA, the ancient name of Blandford, in Devonshire.

BLANCUM CASTRUM, Blane castle, in Monmouthshire.

BLANK BAR, common bar; the name of a plea in bar, which, in an action of trespass, is resorted to to compel the plaintiff to assign the certain place where the trespass was committed.

BLANK BONDS, Scotch securities, where the creditor's name was left blank, and which passed by mere delivery, the bearer being at liberty to put in his name and sue for payment. Declared void by the act

1696, c. 25.

BLANKS, a kind of white money (value Sd.), coined by Henry the Fifth in those parts of France which were then subject to England; forbidden to be current in this realm by 2 Hen. VI., c. 9. Also, certain void spaces, sometimes left by mistake, in judicial proceedings, and which, if anything material be wanting, render the same void. BLASPHEMY [BAάπTEW, Gk., to hurt, and phun, reputation], an offence against God and religion, by denying to the Almighty his being and providence, or by contumelious reproaches of our Saviour Christ. Also, all profane scoffing at the Holy Scripture, and exposing it to contempt and ridicule. It is both a spiritual and temporal offence. It is an offence at Common Law, for the Scrip. tures are the common law, upon which all other laws are founded; and it is not lawful

to publish even a correct account of the proceedings in a court of justice, if such an account contain matter of a scandalous, blasphemous, and indecent nature. Punishable by fine and imprisonment, or corporal punishment. 1 Geo. IV., c. 8; 4 Bl. Com. 59; 2 Sam. xii. 14; Tit. ii. 5; Rev. xiii. 6. BLATUM BULGIUM, the ancient name of Bulness, in Cumberland.

BLAUNPAIN, alias BLANEPAIN, Whitbread.

BLE, sight, colonr, &c.

BLENCH, BLENCH-HOLDING, see ALBA

FIRMA.

BLESTIUM, the ancient name of Old Town, in Herefordshire.

BLETA [bleche, Fr.], peat or combustible earth dug up and dried for burning.

BLINKS, boughs broken down from trees and thrown in a way where deer are likely to pass. BLOOD, kindred, lineage. It is a maxim that

none shall claim as heir, who is not of the blood (i. e., kindred) of the purchaser. Co. Litt. 12 a.

BLOODWIT, or BLOUDVEIT [blod, Sax., blood, and wyte, Old Eng., pity], an amercement for bloodshed; a customary fine, paid as a composition and atonement for shedding or drawing of blood. Paroch. Antiq. riot wherein blood was spilled. Scotch Law. BLOODY HAND. See BACKBERIND. BLOSSEVILLA, the ancient name of Bloville, Blofield.

A

BOARD, in politics, an office under the control

of the executive government, as the Board of Trade, the Board of Works, the Board of Admiralty, the Board of Ordnance, the business of which departments is conducted by officers specially appointed for that purpose. BOCK-HORD, or BOOK-HOARD, a place where books, documentary evidence, or writings are kept.

BOCK-LAND, BOC-LAND, or BOOKLAND, one of the original modes of tenure of manor land, also called charter-land or deed-land, which was held by a short and simple deed under certain rents and free services, and in effect differed nothing from the free-socage lands, whence have arisen most of the freehold tenants, who hold of particular manors, and owe suit and service to the same. 2 Bl. Com. 90.

It was land that had been severed by an act of government from the folcland, and converted into an estate of perpetual inheritance. It might belong to the church, to the king, or to a subject. It might be alienable and devisable at the will of the proprietor; it might be limited in its descent without any power of alienation in the possessor. It was often granted for a single life or for more lives than one, with remainder in perpetuity to the church. It was forfeited for various delinquencies to the

state.

Estates in perpetuity were usually created by charter after the introduction of writing, and on that account bocland and land of

inheritance are often used as synonymous expressions. But at an earlier period they were conferred by the delivery of a staff, a spear, an arrow, a drinking horn, the branch of a tree, or a piece of turf; and when the donation was in favour of the church, these symbolical representations of the grant were deposited with solemnity on the altar; nor was this practice entirely laid aside after the introduction of title-deeds. There are instances of it as late as the time of the Conqueror. It is not therefore quite correct to say that all the lands of the Anglo-Saxons were either folcland or bocland. When land was granted in perpetuity, it ceased to be folcland; but it could not with propriety be termed bocland, unless it was conveyed by a written instrument.

Bocland was released from all services to the public, with the exception of contributing to military expeditions, and to the reparation of castle and bridges. These duties or services were comprised in the phrase-trinoda necessitas, which was said to be incumbent on all persons, so that none could be excused from them. The church indeed contrived, in some cases, to obtain an exemption from them, but in general its lands, like those of others, were subject to them. Some of the charters granting to the possession of the church an exemption from all services whatever, are genuine; but the greater part of them are forgeries.

Bocland might, nevertheless, be subjecte to the payment of an annual rent to the stat by its original charter of creation. We hav an instance of this among the deeds o Worcester Cathedral, collected by Heming Æthelbald, King of the Mercians, had, appears, granted to Eanulf, grandfather Offa, an estate of inheritance, burthene with an annual payment of ale, corn, cattl and other provisions to a royal vill; an this estate, with the rent-charge attached it, Offa afterwards gave in remainder to th see of Worcester, after his own life and th of his sons. Bocland might be held t freemen of all ranks and degrees.

The estate of the higher nobility consist chiefly of bocland. Bishops and abbo might have bocland of their own, in additi to what they held in right of the church.

The Anglo-Saxon kings had private esta of bockland, and these estates did not mer in the Crown, but were devisable by w gift, or sale, and transmissible by inher ance, in the same manner as bocland b subject.

The above extracts are from "An quiry into the Rise and Growth of Royal Prerogative in England." By J Allen, 1830, 143–151. See also Kemb Cod. Diplom., Introd. ciii.-cvi. BODOTRIA, the ancient name of Edinbu Firth.

BODUNA, the people of Gloucestershire Oxfordshire were formerly called so. BOIS, wood; sub-bois, underwood. BOLERIUM PROM. See ANTIVESTEU

BOLHAGIUM, or BOLDAGIUM, a little house or cottage. BOLT, a long narrow piece of silk or stuff. BOLTING (Bolt, Sax., a house], a private arguing of cases in our inns of court. BONA, this term, according to the civil law, includes all sorts of property, moveable and immoveable. Story's Conf. Laws, 375. DE BONA FASSATO, Goodrick. BONA FIDE, with good faith; implying the absence of all fraud and unfair dealing or acting, whether it consist in simulation or dissimulation. This term, both in this case and in the nominative also, frequently occurs in the Roman jurists. It can only be defined with reference to things opposed to it, namely, mala fides and dolus malus, both of which phrases, and especially the latter, are often used in a technical sense. Smith's Dict. of Antiq.

Boad fide possessor facit fructus consumptos suos.-(By good faith a possessor makes profits his own consumptions.)

Bona fides non patitur ut idem bis exigatur.— -(Good faith suffers not that the same thing should be twice exacted.)

Bona fidei possessor, in id tantum quod ad se pervenerit, tenetur. 2 Inst. 285.-(A tenant is bound to good faith in that only which may come to him.)

BONAUGHT, or BÓNAUGHTY, an exaction imposed on the people of Ireland, at the will of the lord, for relief of the knights called Bonaghti, who served in the wars. Antiq. Hibern. 60.

BONA FORUFACTA, goods forfeited; called by the civilians bona confiscata, because they belonged to the fiscus, or imperial treasury. BONA MOBILIA, moveable effects and goods. BONA NOTABILIA, extraordinary assets. They are fixed by express canon (excepting in London, where the sum is 107.), to be legal personal estate to the value of 57. or upwards; though if several personal things, each under the value of 51., but collectively worth more than that sum, be dispersed in several dioceses, they constitute bona notabilia. A mere claim in the nature of a debt, however difficult to recover, if by possibility it may exceed 51., is bona notabilia, but not a devise for the payment of debts, that being merely equitable assets. There are, however, peculiar distinctions as to the places where different kinds of personal property shall be deemed bona notabilia. If bona notabilia lie in two or more dioceses, or in two or more peculiars within the same province, the probate or administration must be granted by the Prerogative Court of the metropolitan of the province; if they lie in different provinces, then the archbishop of each province must grant probate or administration of the goods in his province; if they lie in two dioceses of one province, and in one diocese of another province, the archbishop, in respect of the former, must grant probate, and in respect of the latter, the peculiar bishop. Chit. Gen. Prac., vol. i., p. 523.

BONA PATRIA, an assize of countrymen or

good neighbours; it is sometimes called assiza bonæ patriæ, when twelve or more men are chosen out of any part of the country to pass upon an assize, otherwise called juratores, because they are to swear judicially in the presence of the party, &c., according to the practice of Scotland. Skene. BONA PERITURA, perishable goods. BONA VACANTIA, stray goods. Those things in which nobody claims a property, and which belong to the Crown, by virtue of its prerogative. I Bl. Com. 298.

DÊ BOŇA VILLA, Bonevil. BONA WAVIATA, goods waved or thrown away by a thief in his flight, for fear of being apprehended. They are given to the Crown by the law, as a punishment upon the owner for not himself pursuing the felon and taking away his goods from him. 1 Bl. Com. 296.

In the Roman law it was originally the property which a person left at his death, without having disposed of it by will, and .without leaving any heres. Such property was open to occupancy; and so long as the strict laws of inheritance existed, such an event must not have been uncommon. A remedy was, however, found for this by the bonorum possessio of the prætor. Smith's Dict. of Antiq.

BONCHA [bonna, or bunna, Old Lat.], a rising bank, the bounds of fields. BOND, a written obligation under seal, whereby a person binds himself, his heirs, executors, and administrators, to pay a certain sum of money, or do some other act, with a condition that if he do perform its exigency, the obligation shall be void, otherwise to remain in full force. He that enters into the bond is the obligor; he to whom it is given is the obligee. 2 Bl. Com.

340.

BONDAGE, slavery. BOND-TENANTS, copyholders and customary tenants, are sometimes so called. Calthorpe on Copyholds, 51, 54.

Boni judicis est ampliare jurisdictionem. Chan. Prac. 329.-(It is the part of a good Judge to make the diction of law as comprehensive as possible.)

The late Lord Abinger, in Russel v. Smyth, 9 M. & Wels. 818, observed that, "the maxim of the English law is, to amplify its remedies, and without usurping jurisdiction, to apply its rules to the advancement of substantial justice." When rules of law have been found to work injustice, they have been evaded instead of being repealed. Obsolete or unsuitable laws, instead of being removed from the statute book, have been made to bend to modern usages and feelings. Instead of the legislature framing new provisions, as occasion has required, it has been left to able judges to invade its province, and arrogate to themselves the lofty privilege of correcting abuses and introducing improvements. The rules are thus left in the breasts of the Judges, instead of being put upon a right footing by legislative enactment. Much of the evil is, no doubt, attributable thus to