KFLCC Kingdom Law 2nd Ed.

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BENEFICIARY

BELLUM

1 Kent, Coram. 101; 5 C. Rob. Adm. 173, 181; The Joseph, 1 Gall. 558, Fed. Cas. No. 7,533. The right to all captures vests pri marily in the sovereign. A fundamental maxim of public law. War. An armed contest between nations; the state of those who forcibly contend with each other. Jus belli, the law of war. In practice. Inferior; of in ferior jurisdiction, or jurisdiction in the first instance. The court from which a cause is removed for review is called the "court below." Preliminary; auxiliary or instrumental. Bail to the sheriff is called "bail below," as being preliminary to and intended to secure the putting in of bail above, or special bail. See BAIL. A seat of judgment or tribunal for the administration of justice; the seat occupied by judges in courts; also the court itself, as the "King's Bench," or the aggre gate of the judges composing a court, as in the phrase "before the full bench." The collective body of the judges in a state or nation, as distinguished from the body of attorneys and advocates, who are called the "bar." In English ecclesiastical law. The aggre Process issued by the court itself, or "from the bench," for the attach ment or arrest of a person; either in case of contempt, or where an indictment has been found, or to bring in a witness who does not obey the subpoena. So called to distinguish it from a warrant, issued by a justice of the peace, alderman, or commissioner.— Benchers. In English law. Seniors in the inns of court, usu ally, but not necessarily, queen's counsel, elect ed by co-optation, and having the entire manage ment of the property of their respective inns. BEI I IJUM. La t In public law. BELOW. BENCH. gate body of bishops. — Bench warrant. Benedicta est expositio qnando res redimitur a destructione. 4 Coke, 26. Blessed is the exposition when anything is saved from destruction. It is a laudable in terpretation which gives effect to the instru ment, and does nbt allow its purpose to be frustrated. In its technical sense, this term includes ec clesiastical preferments to which rank or public office is attached, otherwise describ ed as ecclesiastical dignities or offices, such as bishoprics, deaneries, and the like; but in popular acceptation, it is almost invari ably appropriated to rectories, vicarages, perpetual curacies, district churches, and endowed chapelries. 3 Steph. Oomm. 77. "Benefice" is a term derived from the feu dal law, in which it signified a permanent stipendiary estate, or an estate held by feu BENEFICE. In ecclesiastical law. BENE. Lat. Well; in proper form; le gally ; sufficiently.

dal tenure. 3 Steph. Comm. 77, note, ij 4 Bl. Comm. 107. A benefit or advantage, and particularly a privilege given by the law rather than by the agreement of the parties. — Benefice de discnssion. Benefit of discus sion. The right of a guarantor to require that the creditor should exhaust his recourse against the principal debtor before having recourse to the guarantor himself.— Benefice de division. Benefit of division; right of contribution as be tween co-sureties.— Benefice d'inventaire. A term which corresponds to the beneficium in ventarii of Roman law, and substantially to the English law doctrine that the executor prop erly accounting is only liable to the extent of the assets received by him — Beneficiaire. The person in whose favor a promissory note or bill of exchange is payable; or any person in whose favor a contract of any description is executed. Arg. Fr. Merc. Law, 547. Tending to the benefit of a person; yielding a profit, advantage, or benefit; enjoying or entitled to a benefit or profit. In re Importers' Exchange (Com. PI.) 2 N. T. Supp. 257; Regina v. Vange, 3 Adol. & El. (N. S.) 254. This term is applied both to estates (as a "beneficial interest") and to persons, (as "the beneficial owner.") —Beneficial association. Another name for a benefit society. See BENEFIT.— Beneficial enjoyment. The enjoyment which a man has of an estate in his own right and for his own benefit, and not as trustee for another. 11 H. L. Gas. 271.— Beneficial estate. An estate in expectancy is one where the right to the possession is postponed to a future period, and is "beneficial" where the devisee takes solely for his own use or benefit, and not as the mere holder of the title for the use of another. In re Seaman's Estate, 147 N. Y. 69, 41 N. E. 401. — Beneficial interest. Profit, benefit, or ad vantage resulting from a contract, or the own ership of an estate as distinct from the legal ownership or control.— Beneficial power. In New York law and practice. A power which has for its object the donee of the power, and which is to be executed solely for his benefit; as distinguished from a trust power, which has for its object a person other than the donee, and is to be executed solely for the benefit of such person. Jennings v. Conboy, 73 N. Y. 234; Rev. St. N. Y. § 79.— Beneficial use. The right to use and enjoy property according to one's own liking or so as to derive a profit or benefit from it, including all that makes it de sirable or habitable, as, light, air, and access; as distinguished from a mere right of occupan cy or possession. Reining v. Railroad Co. (Su per. Ct.) 13 N. Y. Supp. 240. 1 Story, Eq. Jur. § 321; In re Welch, 20 App. Div. 412, 46 N. Y. Supp. 689; Civ. Code Gal. 1903, § 2218. A person having the enjoy ment of property of which a trustee, ex ecutor, etc., has the legal possession. The perspn to whom a policy of insurance is payable. Rev. St. Tex. 1895, art 3096a. — Beneficiary heir. In the law of Louisiana. One who has accepted the succession under the benefit of an inventory regularly made. Civ. Code La. 1900, art. 883. Also one who may accept the succession. Succession of Gusman, 36 La. Ann. 299. BENEFICE. Fr. In French law. BENEFICIAL. BENEFICIARY. One for whose benefit a trust is created; a cestui que trust.