KFLCC Kingdom Law 2nd Ed.

122

BASTARDUS NON POTEST

BARTER

tion of which are extant It remained the law of the Eastern Empire until the fall of Constantinople, in 1453.

the latter transaction goods or property are always exchanged for money. Guerreiro r. Peile, 3 Barn. & Aid. 617; Cooper v. State, 37 Ark. 418; Meyer v. Rousseau, 47 Ark. 460, 2 S. W. 112. This term is not applied to contracts con cerning land, but to such only as relate to goods and chattels. Barter is a contract by which the parties exchange goods. Speigle v. Meredith, 4 Biss. 123, Fed. Gas. No. 13,- 227. In old English law. The de mesne land of a manor; a farm distinct from the mansion. FT. LOW; inferior; subordinate. — Bas chevaliers. In old English law. Low, or inferior knights, by tenure of a base mili tary fee, as distinguished from barons and ban nerets, who were the chief or superior knights. Cowell.— Bas ville. In French law. The sub urbs of a town. Low; inferior; servile; of subordinate degree; impure, adulterated, or alloyed. — Base animal. See ANIMAL.— Base bul lion. Base silver bullion is silver in bars mixed to a greater or less extent with alloys or base materials. Hope Min. Go. v. Kennon, 3 Mont. 44.— Base coin. Debased, adulterated, or alloyed coin. Gabe v. State, 6 Ark 540.— Base court. In English law. Any inferior court that is not of record, as a court baron, etc. Kitch. 95, 96; Cowell.— Base estate. The estate which "base tenants" (q. v) have in their land. Cowell.— Base fee. In English law. An estate or fee which has a qualification subjoined thereto, and which must be determin ed whenever the qualification annexed to it is at an end. 2 Bl. Comm. 109. Wiggins Ferry Co v. Railroad Co., 94 111. 93; Camp Meeting Ass'n v. Bast Lyme, 54 Conn. 152, 5 Atl.' 849. — Base-infeftment. In Scotch law. A dis position of lands by a vassal, to be held of himself.— Base right. In Scotch law. A subordinate right; the right of a subvassal in the lands held by him. Bell.— Base services. In feudal law. Such services as were unworthy to be performed by the nobler men, and were performed by the peasants and those of servile rank. 2 Bl. Comm. 61.— Base tenants. Ten ants who performed to their lords services in villenage; tenants who held at the will of the lord, as distinguished from frank tenants, or freeholders. Cowell — Base tenure. A tenure by villenage, or other customary service, as dis tinguished from tenure by military service; or from tenure by free service. Cowell. A Greek word, meaning "king " A title assumed by the emperors of the Eastern Roman Empire. It is used by Justinian in some of the Novels; and is said to have been applied to the English kings be fore the Conquest. See 1 Bl. Comm. 242. The name given to a com pilation of Roman and Greek law, prepared about A. D. 880 by the Emperor Basilius, and published by his successor, Leo the Phi losopher. It was written in Greek, was mainly an abridgment of Justinian's Corpus Juris, and comprised sixty books, only a por BARTON. BAS, BASE, adj. BASELEUS. BASILICA.

BASILS.

In old English law. A kind of

money or coin abolished by Henry II.

BASIN. In admiralty law and marine insurance. A part of the sea inclosed in rocks. U. S. v. Morel, 13 Am. Jur. 286, 26 Fed. Cas. 1,310. In feudal law. Lands held by the service of making the king's baskets. In feudal law. Low Justice; the right exercised by feudal lords of personally trying persons charged with trespasses or minor offenses. BASTARD. An illegitimate child; a child born of an unlawful intercourse, and while its parents are not united in marriage. Tim mins v. Lacy, 30 Tex. 135; Miller v. Ander son, 43 Ohio St. 473, 3 N. E. 605, 54 Am. Rep. 823; Pettus v. Dawson, 82 Tex. 18, 17 S. W. 714; Smith v. Perry, 80 Va. 570. A child born after marriage, but under circumstances which render it impossible that the husband of his mother can be his father. Com. v. Shepherd, 6 Bin. (Pa.) 283, 6 Am. Dec. 449. One begotten and born out of lawful wed lock. 2 Kent, Comm. 208. One born of an illicit union. Civ. Code La. arts. 29, 199. A bastard is a child born out of wedlock, and whose parents do not subsequently inter marry, or a child the issue of adulterous in tercourse of the wife during wedlock. Code Ga. 1882, § 1797. —Bastard eigne. In old English law. Bastard elder. If a child was born of an illicit connection, and afterwards the parents intermarried and had another son, the elder was called "bastard eigne," and the younger, "mulier puisne," i. e., afterwards born of the wife. See 2 Bl. Comm. 248.— Special bastard. One born of parents before marriage,, the parents afterwards inter marrying. By the civil and Scotch law he would be then legitimated. BASKET TENURE. BASSE JUSTICE. BASTARDIZE. To declare one a bas tard, as a court does. To give evidence to prove one a bastard. A mother (married) cannot bastardize her child. Bastardns nnllius est Alius, ant Alius pop-nil. A bastard is nobody's son, or the son of the people. Bastardns non potest habere hseredem nisi de corpore suo legitime procreatnm. A bastard can have no heir unless it be one lawfully begotten of his own body. Tray Lat Max. 51. BASTARDA. In old English law. A female .bastard. Fleta, lib. 5, c. 5, § 40.