Blacks Law Dict. 1st ed

126

BEFORE

BENCH WARRANT

shop," which is a place where beer is sold to be consumed off the premises. 16 Ch. Div. 721. BEFORE. Prior to; preceding. In the presence of; under the official purview of; as in a magistrate's jurat, u before me person ally appeared," etc. In the absence of any statutory provision governing the computation of time, the au thorities are uniform that, where an act is required to be done a certain number of days or weeks before a certain other day upon which another act is to be done, the day upon which the first act is done is to be excluded from the computation, and the whole num ber of the days or weeks must intervene be fore the day fixed for doing the second act. 63 Wis. 44, 22 N. W. Rep. 844, and cases cited. BEG. To solicit alms or charitable aid. The act of a cripple in passing along the side walk and silently holding out his hand and receiving money from passers-by is " begging for alms," within the meaning of a statute which uses that phrase. 3 Abb. N. C. 65. BEGA. A land measure used in the East Indies. In Bengal it is equal to about a third part of an acre. BEGGAR. One who lives by begging charity, or who has no other means of sup port than solicited alms. BEGUM. In India. A lady, princess, woman of high rank. BEHALF. A witness testifies on "be half" of the party who calls him, notwith standing his evidence proves to be adverse to that party's case. 65 111. 274. See, fur ther, 12 Q. B. 693; 18 Q. B. 512. BEHAVIOR. Manner of behaving, whether good or bad; conduct; manners; carriage of one's self, with respect to pro priety and morals; deportment. Webster. Surety to be of good behavior is said to be a larger requirement than surety to keep the peace. BEHETRIA. In Spanish law. Lands situated in places where the inhabitants had the right to select their own lords. BEHOOF. Use; benefit; profit; service; advantage. It occurs in conveyances, e. g., "to his and their use and behoof." BELIEF. A conviction of the truth of a proposition, existing subjectively in the mind, and induced by argument, persuasion,

or proof addressed to the judgment. Belief is to be distinguished from "proof," "evi dence," and "testimony." See EVIDENCE. With regard to things which make not a very deep impression on the memory, it may be called "belief." "Knowledge" is nothing more than a man's firm belief. The difference is ordinarily merely in the degree; to be judged of by the court, when addressed to the court; by the jury, when. addressed to the jury. 9 Gray, 274. The distinction between the two mental condi tions seems to be that knowledge is an assurance, of a fact or proposition founded on perception by the senses, or intuition; while belief is an assur ance gained by evidence, and from other persons. Abbott. BELLIGERENT. In international law. A term used to designate either of two na tions which are actually in a state of war with each other, as well as their allies active ly co-operating; as distinguished from a na tion which takes no part in the war and maintains a strict indifference as between the contending paities, called a "neutral." Bello parta cedunt reipublicse. Things acquired in war belong or go to the state. 1 Kent, Comm. 101; 5 C. Rob. Adm. 173,181; 1 Gall. 558. The right to all captures vests primarily in the sovereign. A fundamental maxim of public law. BELLUM. In public law. War. An armed contest between nations; the state of those who forcibly contend with each other. Jus belli, the law of war. BELOW. In practice. Inferior; of In ferior jurisdiction, or jurisdiction in the first instance. The court from which a cause is removed for review is called the "court be low." Preliminary; auxiliary or instrumental. Bail to the sheriff is called "bail below," as being preliminary to and intended to secure the putting in of bail above, or special bail. BENCH. A seat of judgment or tribunal for the administration of justice; the seat occupied by judges in courts; also the court itself, as the "King's Bench," or the aggre gate of the judges composing a court, as in the phrase " before the full bench." The collective body of the judges in a state or nation, as distinguished from the body of attorneys and advocates, who are called the "bar." In English ecclesiastical law. Th* aggre gate body of bishops. BENCH WARRANT. Process issued by the court itself, or "from the bench," foi

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