Blacks Law Dict. 1st ed

BY-LAWS

160

BUSSA

who is not in possession of the land or is dis seised. Void, and an offense, at common law. BY. This word, when descriptively used in a grant, does not mean "in immediate con tact with," but "near" to, the object to which it relates; and "near" is a relative term, meaning, when used in land patents, very unequal and different distances. 6 Gill, 121; 48 N". H. 491. A contract to complete work by a certain time, means that it shall be done before that time. 3 Fen. & W. 48. By an acquittance for the last pay ment all other arrearages are discharged. Noy, 40. BY-BIDDING. In the law relating to sales by auction, this term is equivalent to "puffing." The practice consists in making fictitious bids for the property, under a se cret arrangement with the owner or auc tioneer, for the purpose of misleading and stimulating other persons who are bidding in good faith. BY BILL, BY BILL WITHOUT WRIT. In practice. Terms anciently used to designate actions commenced by original bill, as distinguished from those commenced by original writ, and applied in modern prac tice to suits commenced by capias ad respon dendum. 1 Arch. Pr. pp. 2,337; 5 Hill, 213. BY ESTIMATION. In conveyancing. A term used to indicate that the quantity of land as stated is estimated only, not exactly measured; has the same meaning and effect as the phrase "more or Less." BY GOD AND MY COUNTRY. In old English criminal practice. The established formula of reply by a prisoner, when ar raigned at the bar, to the question, "Culprit, how wilt thou be tried?" BY-LAWS. Regulations, ordinances, or rules enacted by a private corporation for its own government. A by-law is a rule or law of a corporation, for its government, and is a legislative act, and the solemnities and sanction required by the charter must be observed. A resolution is not necessarily a by-law, though a by-law may be in the form of a resolution. 7 Barb. 508. "That the reasonableness of a by-law of a corpo ration is a question of law, and not of fact, has al ways been the established rule; but in the case of State v. Overton, 24 N. J. Law, 435, a distinction was taken in this respect between a by-law and a regulation, the validity of the former being a ju dicial question, while the latter was regarded as a matter in pai$. But although, in one of the opin

BUSSA. A term used in the old English law, to designate a large and clumsily con structed ship. BUTLERAGE. A privilege formerly al lowed to the king's butler, to take a certain part of every cask of wine imported by an alien. BUTLER'S ORDINANCE. In English law. A law for the heir to punish waste in the life of the ancestor. "Though it be on record in the parliament book of Edward I., yet it never was a statute, nor ever so re ceived; but only some constitution of the king's council, or lords in parliament, which never obtained the strength or force of an act of parliament." Hale, Hist. Eng. Law, p. 18. BUTT. A measure of liquid capacity, equal to one hundred and eight gallons; also a measure of land. BUTTALS. The bounding lines of land at the end; abuttals, which see. BUTTED AND BOUNDED. A phrase sometimes used in conveyancing, to intro duce the boundaries of lands. See BUTTS AND BOUNDS. BUTTS. In old English law. Short pieces of land left unplowed at the ends of fields, where the plow was turned about, (otherwise called "headlands,") as sidelings were similar unplowed pieces on the sides. Burrill. Also a place where bowmen meet to shoot at a mark. BUTTS AND BOUNDS. A phrase used in conveyancing, to describe the end lines or circumscribing lines of a certain piece of land. The phrase "metes and bounds" has the same meaning. BUTTY. A local term in the north of England, for the associate or deputy of an other; also of things used in common. BUY. To acquire the ownership of prop erty by giving an accepted price or considera tion therefor; or by agreeing to do so; to ac quire by the payment of a price or value; to purchase. Webster. BUY IN. To purchase, at public sale, property which is one's own or which one has caused or procured to be sold. BUYER. One who buys; a purchaser, particularly of chattels. BUYING TITLES. The purchase of the rights or claims to real estate of a person

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