KFLCC Kingdom Law 2nd Ed.

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BEAOH

BASTARDY

BASTARDY. The offense of begetting a bastard child. The condition of a bastard. Dinkey v. Com., 17 Pa. 129, 55 Am. Dec. 542. The method provided by statute of proceeding against the putative father to secure a proper mainte nance for the bastard. BASTON. In old English law, a baton, club, or staff. A term applied to officers of the wardens of the prison called the "Fleet," because of the staff carried by them. Cowell; Spelman; Termes de la Ley. BATABEE-GROTJND. Land that is in controversy, or about the possession of which there is a dispute, as the lands which were situated between England and Scotland be fore the Union. Skene. BASTARDY PROCESS. BATH, KNIGHTS OF THE. In English law. A military order of knighthood, in stituted by Richard II. The order was new ly regulated by notifications in the London Gazette of 25th May, 1847, and 16th August, 1850. Wharton. BATIMENT. In French marine law. A vessel or ship. BATONNIER. The chief of the French bar in its various centres, who presides in the council of discipline. Arg. Fr: Merc. Law, 546. BATTEL, WAGER OF. In old English law. A form of trial anciently used in mili tary cases, arising in the court of chivalry and honor, in appeals of felony, in criminal cases, and in the obsolete real action called a "writ of action." The question at issue was decided by the result of a personal com bat between the parties, or, in the case of a writ of right, between their champions. Any unlawful beating, or other wrongful physical violence or con straint, inflicted on a human being without his consent 2 Bish. Crim. Law, § 71; Good rum v. State, 60 Ga. 511; Razor v. Kinsey, 55 111. App. 614; Lamb v. State, 67 Md. 524, 10 Atl. 209, 298; Hunt v. People, 53 111. App. 112; Perkins v. Stein, 94 Ky. 433, 22 S. W. 649, 20 L. R. A. 861. And see BEAT. A battery is a willful and unlawful use of force or violence upon the person of another. PPO. Code Cal. § 242; Pen. Code Dak. § 306. The actual offer to use force to the injury of mother person is assault; the use of it is lat BATTERY. BATTEL. Trial by combat; wager of battel. BATATLLE. In old English law. Bat tel; the trial by combat or duellum.

tery; hence the two terms are commonly com bined in the term "assault and battery." —Simple battery. In criminal law and torts. A beating of a person, not accompanied by cir cumstances of aggravation, or not resulting in grievous bodily injury. BATTURE. In Louisiana. A marine term used to denote a bottom of sand, stone, or rock mixed together and rising towards the surface of the water; an elevation of the bed of a river under the surface of the water, since it is rising towards it; sometimes, how ever, used to denote the same elevation of the bank when it has risen above the surface of the water, or is as high as the land on the outside of the bank. In this latter sense it is synonymous with "alluvion." It means, in common-law language, land formed by ac cretion. Morgan v. Livingston, 6 Mart. (O. S) (La.) Ill; Hollingsworth v. Chaffe, 33 La. Ann. 551; New Orleans v. Morris, 3 Woods 117, Fed. Cas. No. 10,183; Leonard v. Baton Rouge, 39 La. Ann. 275, 4 South. 243. BAWD. One who procures opportunities for persons of opposite sexes to cohabit in an illicit manner; who may be, while exer cising the trade of a bawd, perfectly inno cent of committing in his or her own proper person the crime either of adultery or of fornication. See Dyer v. Morris, 4 Mo. 216. BAWDY-HOUSE. A house of prostitu tion ; a brothel. A house or dwelling main tained for the convenience and resort of per sons desiring unlawful sexual connection. Davis v. State, 2 Tex. App. 427; State v. Port er, 38 Ark. 638; People v. Buchanan, 1 Idaho, 689. BAY. A pond-head made of a great height to keep in water for the supply of a mill, etc., so that the wheel of the mill may be turned by the water rushing thence, through a passage or flood-gate. St. 27 Eliz. c. 19. Also an arm of the sea surrounded by land except at the entrance. In admiralty law and marine insurance. A bending or curving of the shore of the sea or of a lake. State v. Gilmanton, 14 N. H. 477. An opening into the land, where the water is shut in on all sides except at the entrance. U. S. v. Morel, 13 Amer. Jur. 286, Fed. Cas. No. 15,807. BAYXEY. In old English law. Bailiff. This term is used in the laws of the colony of New Plymouth, Mass., A. D. 1670, 1671. Bur rill. BAYOU. A species of creek or stream common in Louisiana and Texas. An out let from a swamp, pond, or lagoon, to a river, or the sea. See Surgett v. Lapice, 8 How. 48, 70, 12 L, Ed. 982. BEACH. This term, in its ordinary sig nification, when applied to a place on tide-