Blacks Law Dict. 1st ed

BIGA

131

BETWEEN

BID. An offer by an intending purchaser to pay a designated price for property which is about to be sold at auction. BIDAL, or BIDALL. An invitation of friends to drink ale at the house of some poor man, who hopes thereby to be relieved by charitable contribution. It is something like "house-warming," i. e., a visit of friends to a person beginning to set up house-keeping. Wharton. BIDDER. One who offers to pay a speci fied price for an article offered for sale at a public auction. 11 111. 254. BIDDINGS. Offers of a designated price for goods or other property put up for sale at auction. BIELBRIEF. Germ. In European maritime law. A document furnished by the builder of a vessel, containing a register of her admeasurement, particularizing the length, breadth, and dimensions of every part of the ship. It sometimes also contains the terms of agreement between the party for whose ac count the ship is built, and the ship-builder. It has been termed in English the "grand bill of sale;" in French, "contrat de con struction ou de la vente d y un vaisseau," and corresponds in a great degree with the En glish, French, and American "register," (g. •o.,) being an equally essential document to the lawful ownership of vessels. Jac. Sea Laws, 12, 13, and note. In the Danish law, it is used to denote the contract of bottomry. BIENNIALLY. This term, in a statute, signifies, not duration of time, but a period for the happening of an event; once in every two years. 9 Hun, 573; 68 N. Y. 479. BIENS. In English law. Property of every description, except estates of freehold and inheritance. Sugd. Vend. 495; Co. Litt. 1196. In French law. This term includes all kinds of property, real and personal. Biena are divided into hiens meubles, movable prop erty; and biens immeubles, immovable prop erty. The distinction between movable and immovable property is recognized by the con tinental jurists, and gives rise, in the civil aft well as in the common law, to many impor tant distinctions as to rights and remedies. Story, Confl. Laws, § 13, note 1. BIGA, or BIGATA. A cart or chariot drawn with two horses, coupled side to side; but it is said to be properly a cart with two wheels, sometimes drawn by one horse; and

named are to be excluded. 14 111. 832; 16 Barb. 352. In case of a devise to A. and B. "between them," these words create a tenancy in com mon. 2 Mer. 70. BEVERAGE. This term is properly used to distinguish a sale of liquors to be drunk for the pleasure of drinking, from liquors to be drunk in obedience to a physician's advice. 142 Mass. 469, 8 N. E. Rep. 327. BEWARED. O. Eng. Expended. Be fore the Britons and Saxons had introduced the general use of money, they traded chiefly by exchange of wares. "Wharton. BEYOND SEA. Beyond the limits of the kingdom of Great Britain and Ireland; outside the United States; out of the state. Beyond sea, beyond the four seas, beyond the seas, and out of the realm, are synonymous Prior to the union of the two crowns of England and Scotland, on the accession of James I., the phrases "beyond the four seas,""beyond the seas,"and "out of the realm," signified out of the limits of the realm of England. 1 Har. & J. 850. In Pennsylvania, it has been construed to mean "without the limits of the United States," which approaches the literal signification. 2 Dall. 217; 1 Teates, 329; 6 Pet. 291, 300. The same construc tion has been given to it in Missouri. 20 Mo. 530. See Ang. Lim. §§ 200, 201. The term "beyond seas," in the proviso or saving clause of a statute of limitations, is equivalent to without the limits of the state where the statute is enacted; and the party who is without those limits is entitled to the benefit of the exception. 8 Cranch, 174; 8 Wheat. 541; 11 Wheat 361; 1 Mc Lean, 146; 2 McCord, 831; 8 Ark. 488; 26 Ga. 182; 18 N. H. 79. BIAS. This term is not synonymous with "prejudice." By the use of this word in a statute declaring disqualification ot jurors, the legislature intended to describe another and somewhat different ground of disqualifi cation. A man cannot be prejudiced against another without being biased against him; but he may be biased without being preju diced. Bias is "a particular influential pow er, which sways the judgment; the inclina tion of the mind towards a particular object." It is not to be supposed that the legislature expected to secure in the juror a state of mind absolutely free from all inclination to one side or the other. The statute means that, al though a juror has not formed a judgment for or against the prisoner, before the evidence is heard on the trial, yet, if he is under such an influence as so sways his mind to the one tide or the other as to prevent his deciding the cause according to the evidence, he is in competent. 12 Ga. 444.

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