KFLCC Kingdom Law 2nd Ed.

116

BANE

BALNEARII

BANCUS. LL Lat In old English law and practice. A bench or seat in the king's hall or palace. Fleta. lib. 2, c. 16, § 1. A high seat or seat of distinction; a seat of judgment or tribunal for the administra tion of justice. The English court of common pleas was formerly called "Bancus." A sitting in banc; the sittings of a court with its full judicial authority, or in full form, as distinguished from sittings at nisi prius. A stall, bench, table, or counter, on which goods were exposed for sale. Cowell. —Bancus reginse. The queen's bench. See QUEEN'S BENCH.— Bancus regis. The king's bench; the supreme tribunal of the king after parliament. 3 BL Comm, 41.— Bancus su perior. The upper bench. The king's bench was so called during the Protectorate. BAND. In old Scotch law. A proclama tion calling out a military force. BANDIT. An outlaw; a man banned, or put under a ban; a brigand or robber. Ban ditti, a band of rubbers. BANE. A malefactor. Bract L L t 8, c 1. Also a public denunciation of a malefactor; the same with what was called "hutesium," hue and cry. Spelman. BANEBET, or BANNEBET. In Eng lish law. A knight made in the field, by the ceremony of cutting off the point of his standard, and making it, as it were, a ban ner. Knights so made are accounted so hon orable that they are allowed to display their arms in the royal army, as barons do, and may bear arms with supporters. They rank next to barons; and were sometimes called "vexillarii." Wharton. In criminal law. A punishment inflicted upon criminals, by com pelling them to quit a city, place, or country for a specified period of time, or for life. See Cooper v. Telfair, 4 Dall. 14, 1 L. Ed. 721; People v. Potter, 1 Park. Cr. R. (N. Y.) 54. It is inflicted principally upon political of fenders, 1 "transportation" being the word used to express a similar punishment of ordinary criminals. Banishment, however, merely for bids the return of the person banished before the expiration of the sentence, while transportation involves the idea of deprivation of liberty after the convict arrives at the place to which he has been carried. Rap. & L. BANK. 1. A bench or seat; the bench or tribunal occupied by the judges; the seat of judgment; a court The full bench, or full court; the assembly of all the judges of a court A "sitting in bank?' Is a meeting of all the judges of a court, usually for the BANI. Deodands, (q. v.) BANISHMENT.

foetus, if one be present, can be felt rising upward and then settling back against the * finger. BALNEARII. In the Roman law. Those who stole the clothes of bathers in the public baths. 4 Bl. Cbmm. 239. BAN. 1. In old English, and civil law. A proclamation; a public notice; the an nouncement of an intended marriage. Cow ell. An excommunication; a curse, publicly pronounced. A proclamation of silence made by a crier in court before the meeting of champions in combat Id. A statute, edict, or command; a fine, or penalty. 2. In French law. The right of an nouncing the time of mowing, reaping, and gathering the vintage, exercised by certain seignorial lords. Guyot, Repert Univ. 3. An expanse; an extent of space or ter ritory; a space inclosed within certain lim its; the limits or bounds themselves. Spel man. 4. A privileged space or territory around a town, monastery, or other place. 5. In old European law. A military standard; a thing unfurled, a banner. Spel man. A summoning to a standard; a call ing out of a military force; the force itself so summoned; a national army levied by proclamation. In Canadian and old French law. Pertaining to a ban or privileged place; having qualities or privileges derived from a ban. Thus, a banal mill is one to which the lord may require his tenant to carry his grain to be ground. In Canadian law. The right by virtue of which a lord subjects his vassals to grind at his mill, bake at his oven, •etc. Used also of the region within which this right applied. Guyot, Repert Univ. Bench; the seat of judgment; the place where a court permanently or reg ularly sits. The full bench, full court A "sitting in banc" is a meeting of all the judges of a court, usually for the purpose of hearing ar guments on demurrers, points reserved, mo tions for new trial, etc., as distinguished from the sitting of a single judge at the as sises or at nisi prius and from trials at bar. BANCI NABBATOBES. In old Eng lish law. Advocates; counters; Serjeants. Applied to advocates in the common pleas courts. 1 Bl. Oomm. 24; Cowell. BANCO. Ital. See BANC. A seat or bench •of justice; also, in commerce, a word of Ital ian origin signifying a bank. BANAL. BANALITY. BANC.