Societies are to declare the purpose of their establishment, before the confirmation of their rules by the quarter sessions, and may inflict penalties for misappl cation of money. The consent of five sixths at a general meeting is necessary for the dissolution of societies; and the stock is not to be divisible, but for the general purposes of the society. s. 12.

Their rules are to be entered in a book, and received in evidence. . 13. Societies may also receive donations in support of their stock. s. 14.

When members think themselves aggrieved, two justices on complaint may summon the officers, and on hearing of the parties they may make such order as shall seem just, which is not removable by certiorari. s. 15. No member of any such society producing a certificate thereof, shall be removable from where he resides, till actually chargeable to the parish; but the signing of such certificate must be authenticated, by the oath of a witness, before a justice of peace. s. 17, 13.

And, on complaint of parish officers, any justice may summon persons bringing such certificates, to be examined, and make oath of their settlement; and copies of the examination, are to be given to the parties, which shall exempt them from future examination.

1. 19.

Justices may declare, by an order in 'writing, the place of settlement of persons so examined, without issuing a warrant for removal; and copies of such orders, and of examinations, are to be returned to the parish officers; and persons aggrieved herein may appeal to the quarter sessions. s. 20,

91.

No person who shall reside in any parish, under this act, shall thereby acquire a settlement; nor for paying rates; nor any apprentice or servant to such persons. s 22, 23, 24

Bastards are to have their mother's settlement. 4. 25.

Charges of maintaining or removing residents under this act to be reimbursed by the parish to which the parties belong, s. 26. By S5 Geo. 3. c. 111. governors of institutions for the relief of the widows, orphans, and families of the clergy, and others in distress. ed circumstances, may frame rules, and pre

sent them for confirmation. s. 2.

Institutions where rules shall be confirmed may appoint treasurers, and be entitled to the benefit of this act: s. 3.

By 49 Geo. 3. c. 125. all societies established before Michaelmas 1796, whose rules have been since exhibited, or shall at any time hereafter be exhibited, to the justices at sessions, and approved of, shall be deemed to be within the benefit of 33 Geo. 3. c. 54.

&.2.

Two justices on complaint may enforce the observance of the rules of benefit societies, and in the case of the adjudication of

monies in arrear, levy the same by distress, and sale of the goods, of the person on whoth the order is made. 3. 1.

On complaint of members, of relief refused, such justices may summon the proper officer, and on proof upon oath, order the money to be paid with costs, not exceeding 10s. which, if not forthwith paid in the presence of the justice, shall be levied on the monies and effects of the society, with the further costs of the distress and sale: and in default of distress on society monies ur effects, the same shall be levied on those of the treasurer or other proper officer, and repaid out of the society's funds.

$. 3.

The orders of the just ces, upon the officers, shall be made out in the proper names of such officers, and served either personally, or by leaving the same at their dwelling houses. s. 4.

And all orders of the justices under this act shall be final, and not removed into any court of law, or restrained by injunction in equity. s. 5.

BENERETH, an ancient service which the tenant rendered to his lord with his plough and cart. Lamb. Itin. p. 922. Co. Lit. 86.

BENEVOLENCE, (benevolentia) is used in the chronicles and statutes, of this realm, for a voluntary gratuity given by the subjects to the king. Slow's Annals, p. 701, now given by way of taxes.

BENEVOLENTIA REGIS HABENDA, the form of purchasing the king's pardon and favour, in ancient fines and submissions, to be restored to estate, title, or place. Paroch. Antig. 172. Cowel. Blount.

BENT, See SEA BANKS.

BERBIAGE, (herbiagium) Nativi tenentes maneri de Calistoke reddunt per ann. de certo redditu vocat. berbiag. ad le Hokeday xix. 5. MS. Survey of the Duchy of Cornwall. Cowel. Blount.

BERBICARIA, a sheep-down, or ground to feed sheep. Ibid.

BERCARIA, (berchery, from the Fr. bergerie) a sheep-fold, or other inclosure for the keeping of sheep. Ibid.

BEREFELLARII: There were seven

churchmen so called, anciently belonging to the church of St. John of Beverly. Cowel.

Blount.

BEREFREIT, BEREFREID, a large wooden tower. Ibid.

BERGHMASTER, (from the Sax. berg, hill, mons quusi, master of the mountains) is a chief officer among the Derbyshire miners, who also executes the office of a coroner. Cowel. Blount.

BERGMOTH, or BERGHMOTE, comes

from the Sax. berg, a hill, and gemote, an assembly, and is as much as to say, an as

sembly or court upon a hill, which is held in Derbyshire for deciding pleas and controversies among the miners. id.

Great Britain cailed England, shall be mentioned.

BERY, or BURY, the vill or seat of habitation of a nobleman, a dwelling, or mansion-house, being the chief of a manor, from the Sax. beorg, which signifies a hill or castle, for heretofore noblemens seats were castles, situate on bills, of which we have still some remains; as in Herefordshire there are the It was beries of Stockton, Hope, &c. anciently taken for a sanctuary. Cowel. Blount,

BESAILE, (from the Fr. bisayeul, proavus) i. e. the father of the grandfather) was a writ, now in disuse, which anciently lay at the common law, where the great grandfather. was seised the day that he died, of any lands or tenements in fee-simple; and after h ́s death a stranger entered the same day upon them and kept out the heir. F. N. B.

B. 222.

BESCHA, (from the Fr. bercher, fodere, to dig) a spade or shovel. Hence perhaps, una bescata terra inclusa-Mon. Ang. tom. 2. fal. 642. may signify a piece of land usually turned up with a spade, as gardeners fit and prepare their grounds; or may be taken for as much land as one man can dig with a spade in a day. Cowel. Blount.

BESTIALS, (bestials) beasts or cattle of any sort. Cowel. Blount:

BETACHES. Laymen using glebe lands. Parl. 14 Ed. 2. Ibid.

BEVERCHES, bed-works, or customary services done at the bidding of the lord by his inferior tenants. Ibid.

BEWARED, an old Saxon word signifying expended; for before the Britons and Saxons had plenty of money, they traded wholly in exchange of wares.

BIDUANA, a fasting for the space of twe days. Ibid.

BIGA, bagata, a cart or chariot drawn with two horses, coupled side to side; but it is said to be properly a cart with two wheels, sometimes drawn by one horse; and in our ancient records it is used for any cart, wain or wagzon. Ibid.

BIGAMUS, is a person that hath married two or more wives, successively after each other, or a widow; for the canonists account a man that hath married a widow, to have been twice married. It is mentioned in the statutes 18 Ed. S. c. 2. 1 Ed. 6. c. 12. and 2 last. 273.

BIGAMY, (bigamia) signifies a double marriage, or marriage of two wives; one after another, and not the having of two together; more properly called polygamy.

And by 1 Jac. 1. c. 11. if any person on being married, do afterwards marry again, the former husband or wife being living, it is felony. Except 1, where either party has been continually abroad for seven years, whether the party in England hath notice of the other's being living or no; 2, where either of the parties hath been absent from the other seven years within this kingdom, and the remaining party hath had no knowledge of the ether's being alive within that time; 3, where there is a divorce, (or separation a mensa et thorn, 1 Hawk. 174.) by entence in the ecclesiastical court;* 4, where the first marriage is declared absolutely void by any such sentence, and the parties loosedé vinculo matrimonii; or 5, where either of the parties was under the age of consent at the time of the first marriage.

And by 35 Geo. 3. c. 67. persons convicted under 1 Jac. 1. c. 11. in England of bigamy, are made subject to the penalties inflicted for larce#y, i. e. transportation, and returning before the expiration of the term for which they are transported, to be guilty of felony without benefit of clergy, and may be tried in the county where Convicted or found at large.

If one of the parties only be under the age ef consent, the exception in 1 Jac. 1. extends as well to the party above the age, as to the other; because the power of disagreeing was equal on both sides. 4 Black. Com, 163.

In these cases, the first and true wife is not an admissible witness against her husband, but the second woman is competent to prove the marriage, for she is not his wife so much as de facto. 1 Hale 692, 3.

BIGOT, is a compound of several old English words, and signifies an obstinate person; or one that is wedded to an opinion, in matters of religion, &c. Cowel. Blount.

In these three first cases, however, though the parties are excepted from felony, the second marriage is void.

BILAGINES, (Lat.) by-laws of corporations, &c. See By-laws.

BILANCIIS DEFERENDIS, a writ anciently directed to a corporation, for the carrying of weights to such a haven, there to weigh the wool that persons by our ancient laws were licensed to transport. Reg. Orig. 270.

BILINGUIS, signifies generally a double tongued man; or one that can speak two languages; but it is used in our law for a jury that passeth between an Englishman and a foreigner, whereof part ought to be English, and part strangers. Though this is properly a jury de medietate linguæ. 28 Ed. 3. c. 13. Cowel. Blount.

BILL, (billa) is diversly used: thus, in law proceedings, it signifies the declaration in writing, expressing either the wrong the complainant hath suffered by the party complained of, or else some fault committed against some law or statute of the realm. Terms de Ley 86. Corvel. Blount.

Also in criminal cases, when a grand jury upon a presentment or indictment find the same to be true, they indorse on it billa vera; and thereupon the offender is said to stand indicted of the crime, and is bound to make answer unto it: and if the crime touch the life of the person indicted; it is then referred to the jury of life and death, viz. the petty jury, by whom if he be found guilty, then he shall stand convicted of the crime, and is by the judge condemned to death. Terms de Ley 86. 3 Inst. 30.

BILL SINGLE, OF PŒNAL: is a writing under seal, wherein one man is bound to another, to pay a sum of money on a day that is future: or presently on demand, according to the agreement of the parties at the time it is entered into, and the dealings between them, and is divided into several sorts, viz. a bill single, without a penalty, and a bill penal, under a penalty. Cro. Eliz. 548. 3 Keb. 176. Rol. Abr. 148. 2 Rol. 146. 22 E. 4. c. 22.

The first of these bills hath long since fallen into disuse, from the introduction of bills of exchange, and the latter are seldom taken, the security by bond being preferable, and more generally resorted to.

BILL IN EQUITY. Different kinds of bills are used in the courts of equity to answer the several purposes of instituting an original suit, of adding to, continuing or obtaining the benefit of a suit, of instituting a cross suit, of impugning the judgment of the court on a suit brought to a decision, and of carrying a judgment into execution. Mif. 31.

The several kinds of b lls have been usually considered as capable of being arranged under three general heads: 1st, original bills; 2d, bills not original; Sd, bills in the nature of original bills. Ibid.

1. Original bills] are such as relate to some

matter, not before litigated in the court, by the same persons, standing in the same inter sts, and these may pray relief against an injury suffered, or only seek the assistance of the court, to enable the plaintiff to defend himself, against a possible future injury, or to support or defend a suit in a court of ordinary jurisdiction. Ibid

32.

Original bills are therefore again divided into 1st, hills praying relief, 2dly, bills not praying relief.

1. Original bills praying relief.] may be 1s', a bill praying the decree or order of the court, touching some right claimed by the person exhibiting the bill, in opposition to some right, claimed by some person against Ibid. whom the bill is exhibited.

This bill must shew the rights of the plaintiff, or person exhibiting the bill; by whom and in what manner he is injured; or in what he wants the assistance of the court; and that he is without remedy, except in a court of equity, or at least is properly relievable, or can be more effectually relieved there: having thus shewn the plaintiff's title to the assistance of the court, the bill may pray, that the defendant or person against whom the bill is exhibited, may answer upon oath the matters charged against him, and it may also pray the relief or assistance of the court, which the plaintiff's case entitles him to: for these purposes the bill must pray that a wrt called a writ of subpæna, may issue under the great seal, which is the seal of the court, to require the defendant's appearance and answer to the bill; unless the defendant has privilege of peerage as a lord of parliament, or is made a defendant as an officer of the Crown: Milf. 37.

the court will not in all cases be so indulgent, as to permit a bill framed for one purpose to answer another, especially if the defendant may be surprized or prejudiced: if therefore the plaintiff doubts his title to the relief he wishes to pray, the bill may be framed with a double aspect; that if the court determines against him in one view of the case, it may yet afford him assistance in another. 2 Atk. 325. Muf. 39.

All persons concerned in the demand, or who may be affected by the relief prayed, ought to be parties, if within the jurisdiction of the court: but if any necessary parties are omitted, or unnecessary parties are inserted, the court upon application, will in general permit the bill to be amended, and the proper alteration made. Mitf. 59.

It is the practice to insert in a bill, a general charge, that the parties named in it combine together, and with several other persons unknown to the plaintiff, whose names, when discovered, the plaintiff prays he may be at liberty to insert in the bill. This practice is said to have arisen from an idea that without such a charge, parties could not be added to the bill by amendment; and in some cases, perhaps, the charge has been inserted with a view to give the court jurisdiction: but from whatever cause the practice has arisen, it is sull adhered to, except in the case of a peer, who was never charged with combining with others to deprive the plaintiff of his right, either from respect to the peerage, or perhaps from apprehension, that such a charge might be construed a breach of privilege. Mitf. 40.

The rights of the several parties, the injury complained of, and every other necesIn the case of a peer or peeress, or lord of sary circumstance, as time, place, manner, parliament, the bill must first pray the letter or other incidents ought to be plainly, yet of the person holding the great seal, called a succinctly alleged. And whatever is essential letter missive, requesting the defendant to ap- to the rights of the plaintiff, and is necessapear to and answer the bill, and the writ of sub-rily within his knowledge, ought to be alpana only in default of compliance with that request: and if the attorney-general is made a defendant, as an officer of the crown, the bill must pray instead of the writ of subpæna, that he being attended with a copy, may appear, and put in an answer.

Ibid 38.

leged positively, and with precision, and not by way of stating that he has been so informed, which is cause of demurier. 1 Vez. 56; but the claims of the defendant may be stated in general terms; and if a matter essential to the determination of the plaintiff's claims, is charged to rest in the knowledge of the defendant, or must of necessity be within his knowledge, and is consequently the subject of a part of the discovery sought by the bill, a precise allegation is not required.

It is usual to add to the prayer of the bill, a general prayer for that relief which the circumstances of the case may require; that if the plaintiff mistakes the relief to which he is entitled, the court may yet afford him that relief to which he has a right. 2 Atk. 3.` Muf. 41. Milf. 58.

Indeed it has been said, that a prayer of general relief, without a special prayer of the particular relief, to which the plaintiff thinks himself entitled, is sufficient; and that the particular relief which the case requires, may at the hearing, be prayed at the bar. But this relief must be agreeable to the case made by the bill, and not different from it; and

As the bill must be sufficient in substance, so it must have convenient form, and consist of those several parts which long practice has prescribed for such form.

After a bili is filed, for the purpose of preserving the property in dispute, or to prevent the evasion of just ce, the court will, where necessary, make a special order on the subject, or issue a provisional writ; such as the

When an equitable right is sued for, in an inferior court of equity, and by means of the limited jurisdiction of the court, the deEvery hill must be signed by counsel; and fendant cannot have complete justice, or the if it contains matter eriininal, impertinent, cause is without the jurisdiction of the infe or scandalous, such matter shall be expunged, rior court; the defendant may file a bill in and the counsel shall pay costs to the party Chancery, praying a special writ, called a aggrieved, but nothing relevant is consi-writ of certiorari, to remove the cause into the dered as scandalous. Rules and orders of Ch. 93.1 Ch. Rep. 194. 2 Ver. 24. Muf.