Blacks Law Dict. 1st ed

1030

BES SANCT^B

BESCBIPT

BESCIND. To abrogate, annul, avoid, or cancel a contract; particularly, nullifying a contract by the act of a party. BESCISSIO. Lat. In the civil law. An annulling; avoiding, or making void; abro gation; rescission. Cod. 4, 44. RESCISSION. Rescission, or the act of rescinding, is where a contract is canceled, annulled, or abrogated by the parties, or one of them. In Spanish law, nullity Is divided into absolute and relative. The former is that which arises from a law, whether civil or criminal, the princi pal motive for which, is the public interest; and the latter is that which affects only certain indi viduals. "Nullity" is not to be confounded with "rescission." Nullity takes place when the act is affected by a radical vice, which prevents it from producing any effect; as where an act is in contra vention of the laws or of good morals, or where it has been executed by a person who cannot be sup posed to have any will, as a child under the age of seven years, or a madman, (unnino o demente.) Rescission is where an act, valid in appearance, nevertheless conceals a defect, which may make it null, if demanded by any of the parties, as, for example, mistake, force, fraud, deceit, want of sufficient age, etc. Nullity relates generally to public order, and cannot therefore be made good either by ratification or prescription; so that the tribunals ought, for this reason alone, to decide that the null act can have no effect, without stop ping to inquire whether the parties to it have or have not received any injury. Rescission, on the contrary, may be made good by ratification or by the silence of the parties; and neither of the par ties can demand it, unless he can prove that he has received some prejudice or sustained some damage by the act. 1 Cal. 281, citing Escriche. BESCISSOBY ACTION. In Scotch law. One to rescind or annul a deed or con tract. BESCOUS. Rescue. The taking back by force goods which had been taken under a distress, or the violently taking away a man who is under arrest, and setting him at liberty, or otherwise procuring his escape, are both so denominated. This was also the name of a writ which lay in cases of rescue. Co. Litt. 160; 3 Bl. Comm. 146; Fitzh. Nat. Brev. 100; 6 Mees. & W. 564. BESCBIPT. In canon law. A term including any form of apostolical letter ema nating from the pope. The answer of the pope in writing. Diet. Droit Can. In the civil law. A species of imperial constitutions, being the answers of the prince in individual cases, chiefly given in response to inquiries by parties in relation to litigated suits, or to inquiries by the judges, and which became rules for future litigat

EES SANCT-S3. In the civil law. Holy things; such as the walls and gates of a city. Inst. 2, 1, 10. Walls were said to be holy, because any offense against them was pun ished capitally. Bract, fol. 8. Bes sua nemini servit. 4 Macq. H. L. Cas. 151. No one can have a servitude over his own property. Bes transit cum suo onere. The thing passes with its burden. Where a thing has been incumbered by mortgage, the incum brance follows it wherever it goes. Bract, fols. 476, 48. BES UNIVEBSITATIS. In the civil law. Things belonging to a community, (as, to a municipality,) the use and enjoyment of which, according to their proper purpose, is free to every member of the community, but which cannot be appropriated to the ex clusive use of any individual; such as the public buildings, streets, etc. Inst. 2, 1, 6; Mackeld. Rom. Law, § 170. BES, VABIETIES OP. These have been variously divided and classified in law, e. g., in the following ways: (1) Corporeal and incorporeal things; (2) movables and im movables; (3) res mancipi and res nee man cipi; (4) things real and things personal; (5) things in possession and choses(2. e., things) in action; (6) fungible things and things not fungible, {fungibiles velnon fungibiles;) and (7) res singular {i. e., individual objects) and universitates rerum, (i. e., aggregates of things.) Also persons are for some purposes and in certain respects regarded as things. Brown. BESALE is where a person who has sold goods or other property to a purchaser sells them again to some one else. Sometimes a vendor reserves the right of reselling if the purchaser commits default in payment of the purchase money, and in some cases (e. g., on a sale of perishable articles) the vendor may do so without having reserved the right. Sweet. BESCEIT. In old English practice. An admission or receiving a third person to plead his right in a cause formerly commenced be tween two others; as, in an action by tenant for life or years, he in the reversion might come in and pray to be received to defend the land, and to plead with the demandant. Cowell. BESCEIT OP HOMAGE. The lord's receiving homage of his tenant at his admis sion to the land. Kitch. 148.

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