Blacks Law Dict. 1st ed

127

BENCHERS

BENEFICIUM

the attachment or arrest of a person; either in case of contempt, or where an indictment has been found, or to bring in a witness who does not obey the subpoena. So called to dis tinguish it from a warrant issued by a jus tice of the peace, alderman, or commissioner. BENCHERS. In English law. Seniors in the inns of court, usually, but not neces sarily, queen's counsel, elected by co-optation, and having the entire management of the property of their respective inns. BENE. Lat. Well; in proper form; le gally; sufficiently. Benedicts est expositio quando res redimitur a destructione. 4 Coke, 26. Blessed is the exposition when anything is saved from destruction. It is a laudable in terpretation which gives effect to the instru ment, and does not allow its purpose to be frustrated. BENEFICE. In ecclesiastical law. In its technical sense, this term includes ecclesi astical preferments to which rank or public office is attached, otherwise described as eccle siastical dignities or offices, such as bishop rics, deaneries, and the like; but in popular acceptation, it is almost invariably appropri ated to rectories, vicarages, perpetual cu racies, district churches, and endowed chap elries. 3 Steph. Coram. 77. "Benefice" is a term derived from the feu dal law, in which it signified a permanent stipendiary estate, or an estate held by feu dal tenure. 3 Steph. Comm. 77, note i; 4 Bl. Comm. 107. BENEFICE DE DISCUSSION. In French law. Benefit of discussion. The right of a guarantor to require that the cred itor should exhaust his recourse against the principal debtor before having recourse to the guarantor himself. BENEFICE DE DIVISION. In French law. Benefit of division; right of contribution as between co-sureties. BENEFICE D'INVENTAIRE. In French law. A term which corresponds to the beneftcium inventarii of Roman law, and substantially to the English law doctrine that the executor properly accounting is only lia ble to the extent of the assets received by him. BENEFICIAIRE. In French law. The person in whose favor a promissory note or bill of exchange is payable; or any person in whose favor a contract of any description is executed. Arg. Fr. Merc. Law, 547.

BENEFICIAL. Tending to the benefit of a person; yielding a profit, advantage, or benefit; enjoying or entitled to a benefit or profit. This term is applied both to estates (as a "beneficial interest") and to persons, (as "the beneficial owner.") BENEFICIAL ENJOYMENT. The enjoyment which a man has of an estate in his own right and for his own benefit, and not as trustee for another. 11 H. L. Cas. 271. BENEFICIAL INTEREST. Profit, benefit, or advantage resulting from a con tract, or the ownership of an estate as dis tinct from the legal ownership or control. BENEFICIAL POWER. In New York law and practice. A power which has for its object the donee of the power, and which is to be executed solely for his benefit; as dis tinguished from a trust power, which has for its object a person other than the donee, and is to be executed solely for the benefit of such person. 73 N. Y. 234; Rev. St. N. Y. §79. BENEFICIARY. A term suggested by Judge Story as a substitute for cestui que trust, and adopted to some extent. 1 Story, Eq. Jur. § 321. He that is in possession of a benefice; also a cestui que trust, or person having the en joyment of property, of which a trustee, ex ecutor, etc., has the legal possession. BENEFICIO PRIMO [ECCLESIAS TICO HABENDO.] In English law. An ancient writ, which was addressed by the king to the lord chancellor, to bestow the benefice that should first fall in the royal gift, above or under a specified value, upon a person named therein. Reg. Orig. 307. BENEFICIUM. In early feudal law. A benefice; a permanent stipendiary estate; the same with what was afterwards called a "fief," "feud," or "fee." 3 Steph. Comm. 77, note i; Spelman. In the civil law. A benefit or favor; any particular privilege. Dig. 1, 4, 3; Cod. 7, 71; Mackeld. Rom. Law, § 196. A general term applied to ecclesiastical livings. 4 Bl. Comm. 107; Cowell. BENEFICIUM ABSTINENDI. In Roman law. The power of an heir to abstain from accepting the inheritance. Sandars, Just. Inst. (5th Ed.) 214. BENEFICIUM CEDENDARUM AC TIONUM. In Roman law. The privilege

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