KFLCC Kingdom Law 2nd Ed.

129

BEREWIOHA

BETTERMENT

istence and contents; a copy, or the recollec tion of a witness, would be secondary evi dence. State v. McDonald, 65 Me. 467; El liott v. Van Buren, 33 Mich. 53, 20 Am. Rep. 668; Scott v. State, 3 Tex. App. 104; Gray v. Pentland, 2 Serg. & R. (Pa.) 34; U. S. Sugar Refinery v. Allis Co., 56 Fed. 786, 6 C. C. A. 121; Manhattan Malting Co. v. Sweteland, 14 Mont 269, 36 Pac. 84. BESTIAIilTY. Bestiality is the carnal knowledge and connection against the order of nature by man or woman in any manner with a beast Code Ga. 1882, § 4354. We take it that there is a difference in sig nification between the terms "bestiality," and the "crime against nature." Bestiality is a connec tion between a human being and a brute of the opposite sex. Sodomy is a connection between two human beings of the same sex,—the male,— named from the prevalence of the sin in Sodom. Both may be embraced by the term "crime against nature," as felony embraces murder, larceny, etc., though we think that term is more generally used in reference to sodomy. Buggery seems to include both sodomy and bestiality. Ausman v. Veal, 10 Ind. 356, 71 Am. Dec. 331. BET. An agreement between two or more persons that a sum of money or other valu able thing, to which all jointly contribute, shall become the sole property of one or some of them on the happening in the future of an event at present uncertain, or accord ing as a question disputed between them is settled in one way or the other. Harris v. White, 81 N. Y. 532; Rich v. State, 38 Tex. Cr. R> 199, 42 S. W. 291, 38 L. R. A. 719; Jacobus v. Hazlett, 78 111. App. 241; Shaw v. Clark, 49 Mich. 384, 13 N. W. 786, 43 Am. Rep. 474; Alvord v. Smith, 63 Ind. 62. Bet and wager are synonymous terms, and are applied both to the contract of betting or wagering and to the thing or sum bet or wagered. For example, One bets or wagers, or lays a bet or wager of so much, upon a cer tain result. But these terms cannot properly be applied to the act to be done, or event to happen, upon which the bet or wager is laid. Bets or wagers may be laid upon acts to be done, events to happen, or facts existing or to exist The bets or wagers may be illegal, and the acts, events, or facts upon which they are laid may not be. Bets or wagers may be laid upon games, and things that are not games. Everything upon which a bet or wager may be laid is not a game. Woodcock v. McQueen, 11 Ind. 16; Shumate v. Com., 15 Grat 660; Har ris v. White, 81 N. T. 539. BETBOTHMENT. Mutual promise of marriage; the plighting of troth; a mutual promise or contract between a man and wo man competent to make it to marry at a future time. BETTER EQUITY. See EQUITY. BETTERMENT. An Improvement put upon an estate which enhances ifs value more than mere repairs. The term Is also applied to denote the additional value which an estate acquires in consequence of some public improvement as laying out or widen ing a street, etc French v. New York, 16

BEREWICHA, or BEBEWICA. In old English law. A term used in Domesday for a village or hamlet belonging to some town or manor. BERGHMAYSTER. An officer having charge of a mine. A bailiff or chief officer among the Derbyshire miners, who, in addi tion to his other duties, executes the office of coroner among them. Blount; Cowell. BERGHMOTH, or BERGHMOTE. The ancient name of the court now called "bar mote," (q. v.) BERNET. In Saxon law. Burning; the crime of house burning, now called "arson." Cowell; Blount. BERRA. In old law. A plain; open heath. Cowell. BERBT, or BURY. A villa or seat of habitation of a nobleman; a dwelling or mansion house; a sanctuary. BERTIIXON SYSTEM. A method of anthropometry, used chiefly for the identifi cation of criminals and other persons, con sisting of the taking and recording of a sys tem of numerous, minute, and uniform measurements of various parts of the human body, absolutely and in relation to each oth er, the facial, cranial, and other angles, and of any eccentricities or abnormalities no ticed in the individual. BERTON. A large farm; the barn-yard of a large farm. BES. Lat In the Roman law. A di rision of the as, or pound, consisting of eight uncice, or duodecimal parts, and amounting to two-thirds of the as. 2 BL Comm. 462, note m. Two-thirds of an inheritance. Inst. 2, 14, 5. Eight per cent, interest 2 Bl. Comm. ubi supra. BESAILE, BESAYIiE. The great-grand father, proavus. 1 Bl. Comm. 186. BESAYEL, Besaiel, Besayle. In old English law. A writ which lay where a great grandfather died seised of lands and tene ments in fee-simple, and on the day of his death a stranger abated, or entered and kept out the heir. Reg. Orig. 226; Fitzh. Nat. Brev. 221 D; 3 Bl. Comm. 186. BEST EVIDENCE. Primary evidence, as distinguished from secondary; original, as distinguished from substitutionary; the best and highest evidence of which the na ture of the case is susceptible. A written in strument Is itself always regarded as the primary or best possible evidence of its ex BL.LAW DICT.(2D EJ>.)— Q