Blacks Law Dict. 1st ed

BARE TRUSTEE

120

BANNI NUPTIARUM

BANNI NUPTIARUM. L. Lat. In old English law. The bans of matrimony. BANNIMUS. We ban or expel. The form of expulsion of a member from the University of Oxford, by affixing the sen tence in some public places, as a promulga tion of it. Cowell. BANNIRE AD PLACITA, AD MO LENDINUM. To summon tenants to serve at the lord's courts, to bring corn to be ground at his mill. BANNUM. A ban, (q. v.) BANNUS. In old English law. A proc lamation. Bannus regis; the king's proc lamation, made by the voice of a herald, for bidding all present at the trial by combat to interfere either by motion or word, whatever they might see or hear. Bract, fol. 142. BANQUE. A bench; the table or coun ter of a trader, merchant, or banker. Banque route; a broken bench or counter; bankrupt. BANS OP MATRIMONY. A public announcement of an intended marriage, re quired by the English law to be made in a church or chapel, during service, on three consecutive Sundays before the marriage is celebrated. The object is to afford an oppor tunity for any person to interpose an objection if he knows of any impediment or other just cause why the marriage should not take place. The publication of the bans may be dispensed with by procuring a special license to marry. BANYAN. In East Indian law. A Hin doo merchant or shop-keeper. The word is used in Bengal to denote the native who man ages the money concerns of a European, and sometimes serves him as an interpreter. BAB. 1. A partition or railing running across a court-room, intended to separate the general public from the space occupied by the judges, counsel, jury, and others concerned in the trial of a cause. In the English courts it is the partition behind which all outer-bar risters and every member of the public must stand. Solicitors, being officers of the court, are admitted within it; as are also queen's counsel, barristers with patents of precedence, and Serjeants, in virtue of their ranks. Par ties who appear in person also are placed within the bar on the floor of the court. 2. The term also designates a particular part of the court-room; for example, the place where prisoners stand at their trial, whence the expression "prisoner at the bar." S. It further denotes the presence* actual or

constructive, of the court. Thus, a trial at bar is one had before the full court, distin guished from a trial had before a single judge at nisi priiis. So the "case at bar" is the case now before the court and under its con sideration; the case being tried or argued. 4. In the practice of legislative bodies, the bar is the outer boundary of the house, and therefore all persons, not being members, who wish to address the house, or are sum moned to it, appear at the bar for that pur. pose. 5. In another sense, the whole body of at torneys and counsellors, or the members of the legal profession, collectively, are figuratively called the "bar," from the place which they usually occupy in court. They are thus dis tinguished from the "bench," which term denotes the whole body of judges. 6. In the law of contracts, "bar" means an impediment, an obstacle, or preventive bar rier. Thus, relationship within the prohib ited degrees is a bar to marriage. 7. It further means that which defeats, an nuls, cuts off, or puts an end to. Thus, a provision "in bar of dower" is one which has the effect of defeating or cutting off the dower rights which the wife would otherwise be come entitled to in the particular land. 8. In pleading, it denoted a special plea, constituting a sufficient answer to an action at law; and so called because it barred, i. e., prevented, the plaintiff from further prose cuting it with effect, and, if established by proof, defeated and destroyed the action alto gether. Now called a special "plea in bar." See PLEA IN BAR. BAR FEE. In English law. A fee taken by the sheriff, time out of mind, for every prisoner who is acquitted. Bac. Abr. "Ex tortion." Abolished by St. 14 Geo. III. c. 26; 55 Geo. in. c. 50; 8 & 9 Viet. c. 114. BARAGARIA. Span. A concubine, whom a man keeps alone in his house, un connected with any other woman. Las Par tidas, pt. 4, tit. 14. Baratriam committit qui propter pe cuniam justitiam baractat. He is guilty of barratry who >r money sells justice. Bell. BARBANUS. In old Lombardio law. An uncle, ( patruus.) BARBICANAGE. In oldEuropean law. Money paid to support a barbican or watch tower. BARE TRUSTEE. A person to whose fiduciary office no duties were originally at

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