Blacks Law Dict. 1st ed

BETWEEN

180

BEREWICHA

of nature by man or woman in any manner with a beast. Code 6a. 1882, § 4354. We take it that there is a difference in significa tion between the terms "bestiality," and the "crime against nature." Bestiality is » connec tion between a human being and a brute of the op posite sex. Sodomy is a connection between two human beings of the same sex,—the male,—named from the prevalence of the sin in Sodom. Both may be embraced by the term "crime against nat ure, " as felony embraces murder, larceny, etc, though we think that term is more generally used in reference to sodomy. Buggery seems to include both sodomy and bestiality. 10 Ind. 856. BET. Bet and wager are synonymous terms, and are applied both to the contract of betting or wagering and to the thing or sum bet or wagered. For example, one bets or wagers, or lays a bet or wager of so much, upon a certain result. But these terms can not properly be applied to the act to be done, or event to happen, upon which the bet or wager is laid. Bets or wagers may be laid upon acts to be done, events to happen, or facts existing or to exist. The bets or wa gers may be illegal, and the acts, events, or facts upon which they are laid may not be. Bets or wagers may be laid upon games, and things that are not games. Everything up on which a bet or wager may be laid is not a game. 11 Ind. 16. See, also, 81 N. Y. 539. BETROTHMENT. Mutual promise of marriage; the plighting of troth; a mutual promise or contract between a man and woman competent to make it, to marry at a future time. BETTER EQUITY. The right which, in a court of equity, a second incumbrancer has who has taken securities against subse quent dealings to his prejudice, which a prior inoumbrancer neglected to take although he had an opportunity. 1 Ch. Prec 470, n.; 4 Rawle, 144. See 3 Bouv. Inst. n. 2462. BETTERMENTS. Improvements put upon an estate which enhance its value more than mere repairs. The term is also applied to denote the additional value which an es tate acquires in consequence of some public improvement, as laying out or widening a street, etc. BETWEEN. As a measure or indication of distance, this word has the effect of exclud ing the two termini. 1 Mass. 93; 12 Me* 366. Compare 31 N. J. Law, 212. If an act is to be done "between" two cer tain days, it must be performed before the commencement of the latter day. In com puting the time in such a case, both the days

BEREWICHA, or BEREWICA. In old English law. A term used in Domes day for a village or hamlet belonging to some town or manor. BERGHMAYSTER. An officer having charge of a mine. A bailiff or chief officer among the Derbyshire miners, who, in addi tion to his other duties, executes the office of coroner among them. Blount; Cowell. BERGHMOTH, or BERGHMOTE. The ancient name of the court now called "barmote," (q. v.) BERNET. In Saxon law. Burning; the crime of house burning, now called "arson." Cowell; Blount. BERRA. In old law. A plain; open heath. Cowell. BERRY, or BURY. A villa or seat of habitation of a nobleman; a dwelling or man sion house; a sanctuary. BERTON. A large farm; the barn-yard of a large farm. BES. Lat. In the Roman law. A di vision of the as, or pound, consisting of eight uncice. or duodecimal parts, and amounting to two-thirds of the as. 2 Bl. Comm. 462, note TO. Two-thirds of an inheritance. Inst. 2, 14, 5. Eight per cent, interest. 2 Bl. Comm* ubi supra. BESAILE, BESAYLE. The great grandfather, proavus. 1 Bl. Comm. 186. BESAYEL, Besaiel, Besayle. In old English law. A writ which lay where a gieat-grandfather died seised of lands and cenements in fee-simple, and on the day of his death a stranger abated, or entered and kept out the heir. Reg. Orig. 226; Fitzh. Nat. Brev. 221 D; 3 Bl. Comm. 186. BEST EVIDENCE. Primary evidence, M distinguished from secondary; original, as distinguished from substitutionary; the best and highest evidence of which the nat ure of the case is susceptible. A written Instrument is itself always regarded as the primary or best possible evidence of its ex istence and contents; a copy, or the recollec tion of a witness, would be secondary evi lence. BESTIALITY. Bestiality is the carnal knowledge and connection against the order

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