Blacks Law Dict. 1st ed

117

BAN

BANK

pronounced. A proclamation of silence made by a crier in court before the meeting of champions in combat. Id. A statute, edict, or command; a One, or penalty. 2. In French law. The right of an nouncing the time of mowing, reaping, and gathering the vintage, exercised by certain geignorial lords. Guyot, Repert. Univ. 3. An expanse; an extent of space or ter ritory; a space inclosed within certain lim its; the limits or bounds themselves. Spel man. 4. A privileged space or territory around a town, monastery, or other place. 5. In old European law. A military standard; a thing unfurled, a banner. Spel man. A summoning to a standard; a call ing out of a military force; the force itself so summoned; a national army levied by proclamation. BANAL. In Canadian and old French law. Pertaining to a ban or privileged place; having qualities or privileges derived from a ban. Thus, a banal mill is one to which the lord may require his tenant to carry his grain to be ground. BANALITY. In Canadian law. The right by virtue of which a lord subjects his vassals to grind at his mill, bake at his oven, etc. Used also of the region within, which this right applied. Guyot, Report. Univ. BANC. Bench; the seat of judgment; the place where a court permanently or reg ularly sits. The full bench, full court. A "sitting in bane" is a meeting of all the judges of a court, usually for the purpose of hearing ar guments on demurrers, points reserved, mo tions for new trial, etc., as distinguished from the sitting of a single judge at the as lises or at nisi prius and from trials at bar. BANCI NABBATOBES. In old En glish law. Advocates; countors; Serjeants. Applied to advocates in the common pleas courts. 1 Bl. Comm. 24; Cowell. BANCO. Ital. See BANG. A seat or bench of justice; also, in commerce, a word of Italian origin signifying a bank. BANCUS. In old English law and prac tice. A bench or seat in the king's hall or palace. Fleta, lib. 2, c. 16, § 1. A high seat, or seat of distinction; a seat of judgment, or tribunal for the administra tion of justice. The English court of common pleas was formerly called "Bancus."

A sitting in bane; the sittings of a court with its full judicial authority, or in full form, as distinguished from sittings at nisi prius. A stall, bench, table, or counter, on which goods were exposed for sale. Cowell. BANCUS BEGINS. L. Lat. The queen's bench. See QUEEN'S BENCH. BANCUS BEGIS. Lat. The king's bench; the supreme tribunal of the king after parliament. 3 Bl. Comm. 41. BANCUS SUPEBIOB. The upper bench. The king's bench was so called dur ing the Protectorate. BAND. In old Scotch law. A proclama tion calling out a military force. BANDIT. An outlaw; a man banned, or put under a ban; a brigand or robber. Banditti, a band of robbers. BANE. A malefactor. Bract. 1. 1, t 8, c. 1. Also a public denunciation of a malefactor; the same with what was called "hutesium," hue and cry. Spelman. BANEBET, or BANNEBET. In En glish law. A knight made in the field, by the ceremony of cutting off the point of his stand ard, and making it, as it were, a banner. Knights so made are accounted so honorable that they are allowed to display their arms in the royal army, as barons do, and may bear arms with supporters. They rank next to barons; and were sometimes called "vex illarii." Wharton. BANI. Deodands, (q. ©.) BANISHMENT. In criminal law. A punishment inflicted upon criminals, by com pelling them to quit a city, place, or country for a specified period of time, or for life. See 4 Dall. 14. It is inflicted principally upon political offend ers, "transportation" being the word used to ex press a similar punishment of ordinary criminals. Banishment, however, merely forbids the return of the person banished before the expiration of the sentence, while transportation involves the idea of deprivation of liberty after the convict ar rives at the place to which he has been carried. Rap. & L. BANK. 1. A bench or seat; the bench or tribunal occupied by the judges; the seat of judgment; a court. The full bench, or full court; the assembly of all the judges of a court. A "sitting in bank" is a meeting of all the judges of a court, usually for the

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