BILL 133 BLACK-LISTING

tion of a decree; a bill to carry a former BILLA. L. L. A bill: an original bUl at

decree into execution; a partaking in bill law, or a bill of indictment.
some measure of one or more of both of Billa cassetur. That the bill be quashed.
these classes of bills, i A judgment, at common law, for defendant,
A cross-bill is brought by a defendant in on a plea in abatement. ' See Quash.
a suit against the plaintiff in the same suit, Billa vera. A true bill.
or against other defendants in the same suit, BILLIARDS. See Game, 3.
or against both, touching the matters in BIWD. To place under a legal obligation,
question in the original bill. It is an auxil- particularly that of a bond or covenant ; to
iary to the proceedings in the original suit, a affect with a contract or a judgment; to
dependency upon it — brings the whole dis- affect with a thing done, or with a common
pute before the court for one decree. The relation to obligate.
;

two bills constitute one suit.^ and to be bound or to become bound,

As, to bind,
New and distinct matters, not embraced in the orig- by a contract made, by a judgment or decree entered
inalbill, cannot be introduced by the' cross-bill; and or rendered, by legislatiqn, by the act of a privy, a,
new parties must be introduced by amendment of the wife, a partner, or other agent, or by the declaration
bill.a of an accomplice.
A supplemental bill is brought as an Binding. Establishing an obligation;
addition to an original bill to supply some creating a legal duty or necessity. See In-
defect in its frame or structure, not
original STRUCT, 3.

the subject of amendment.^ Binding out. To obligate as an appren-

May be filed by either party to his own bill, within tice, q. V.
a reasonable time — even after decree made, when a Binding over. To obligate to appear as a
necessary party has been omitted, when fiu-ther dis-
witness, or as a defendant, at the time of
covery is requisite, when some matter overloofeed
needs development, or when it is essential to bring out trial, or to keep the peace, q. v.
other matter in order to give full effect to the decree Bound.
Brought under an obligation, as
entered or to be entered on the original bill. The bill by a covenant charged with responsibility,
;

is not amendable after the parties are at issue, and

as with a duty obligated. See Apprentice
;
witnesses ^ave been examined. An answer to the new ;

matter is prayed for.^ Bond Hold, 4 Indenture Obligate.

; ; ;

After hearing the proofs a bill may be so amended BIPARTITE. See Part, 1.

as to put ill issue matters in dispute and in proof, but BIRD. See Animal.
not sufficiently in issue by the original bill.* See
BIRTH. See Abandon, 2 (3); Natus;
Amendment, 1.

See also Ad EQirate; Answer, 3; Demurrer; Dismiss;

Venter.
Equity; Fishing, 3; Impertinence; Multifariousness; BIS. SeeBL
Party, S; Prejudice, 2; Relief, 2; Remedy. BISSEXTILE. See Year.
Original bill. 1. An ancient mode of BITTERS. See Liquor.
commencing an action at law, particularly BLACK.See Acre; Cap; Gown; Rent.
in the court of king's bench sometimes ;
BLACKLEG-. A person who gets his
termed a "plaint," and resembled the modern living by frequenting race-courses and places
" declaration." Compare Writ, Original. where games of chance are played, getting
In equity, a complaint relating to a, dis-
3. thp best odds and giving the least he can,
pute not before litigated by the same persons but not necessarily by cheating. 2
in the same intei-ests. See page 131. BLACK-LISTING. See Boycotting.
True bill. See Ignokb. An
act of Wisconsin, approved April 8, 1887 (Laws,
ch. 349), provides that: Any two or more employees
1 Story, Eq. PI. § 326. who shall agree, combine, and confederate together
"Story, Eq. PI. § 389; Shields BaiTow, 17 How. 145
v. for the purpose of interfering with or preventing any
(1854); Ayres v. Cai-ver, ib. 59S (1854); Cross v. De Valle, person or persons seeking employment from obtaining
1 Wall. 14 (1863) Exp. Montgomery, &a. R. Co., 95 U. S,
; such employment, either by threats, promises, or by-
225 (1877); Ayers v. Chicago, 101 id. 187 (1879); Nash- circulating or causing the circulation of a so-called
vUie, &c. R. Co. V. United States, ib. 641 (1879); First black-list, or by any means whatsoever, or for the
Nat. Bank v. Flour Mills Co., 31 F. R. 684 (1887); 2 purpose of procuring and causing the discharge of
McCrary, 177; 60 Conn. 62; 106 HI. 585; 21 W. Va. 847; 2 any employee or employees by any means whatsoever.
Daniel, Ch. 1548.
» Story, Eq. PI. § 332. 1 [3 Bl. Com. 303.
• GrafEam v. Burgess, 117 U. S. 195 (1886), oases. s Barnett v. Allen, 3 H. & N. 379 (1858), Pollock, C. B.
 ABANDON

Where directors are empowered to issue a note A vinculo. See A mensa, etc.
or accept a bill of exchange, they may give several
AB. L. From.
notes or bills, equal to the sum specified.' See Atrz;
Takes the place of a before a vowel sound. See
The.
A, 5; Abs.
5. The Latin preposition from, away from, :
Ab assuetis. See Injtdeia, Ab assuetis.
by, in, on. Compare AB. Ab inconvenient!. From hardship, q. v.
A fortiori. With stronger (reason) ; with
Ab initio. From the beginning from in- ;

more right ; much more. ception.

Aprivate person, and a fortiori a
peace-officer,
A contract is said to be illegal, a writ, an action, or
present when a felony is committed, is bound to arrest
a service, irregular or .void, ab initio. See Trespass.
the felon. 2
Ab initio.
Amulto fortiori. By far the stronger— reason,
Ab intestate. From an intestate (owner).
right, equity.': *

A
gratia. Out of favor ; from mere in- Ab invito. By one unwilling: unwill-
dulgence, and not of right. See Gkace. ingly. See Im VITUS.
A latere. By the. side: collaterally. Ab irato. By one in anger displeased. —
Said of succession to property; but now of rare oc-
A bequest or devise, adverse to the interest of
gift,

currence.
any heir is sometimes said to be made ab irato.
A
meusa et thoro {toro). From table ABAWDON.i To relinquish, surrender,

and bed from bed and board.

: vinculo A disclaim, desert, forsake, give up wholly.
matrimonii. From the bond of matri- Whence abandonment, non-abandonment,
mony. and (though rare) abandoner, abandonee.
As, to abandon property, a relation, a proceeding
The former describes a " partial " divorce: separa-
any species of right.
tion of the parties by law, with all rights preserved;
the latter, a "total " divorce: complete dissolution of
"Abandon" Includes the intention and the external

the marriage relation with all incidental rights. See

act by which it is carried into effect.^

further Divorce. To constitute an abandonment of a right,

A nativitate. From birth, from infancy. there must be an unequivocal and decisive
The legal settlement of an idiot a nativitafe is that act of the party showing a determination
of his father. not to have the benefit designed.' See Es-
A posteriori. From what comes after — toppel.
the effect. A priori. From what goes be- For example, a homestead is abandoned by
fore —
the cause. an act which shows an intention wholly to
Beasoningfrom an effect back to its supposed cause relinquish it; not by temporary absence.^
is described as a posteriori; reasoning or argument
A statute may require that this intention be proven
from an assumed cause to the result it may or must
by a declaration duly executed and recorded.^
produce is termed a priori.*
There is a difEerence between " abandon-
'
A
prendre. F. See Profit, prendre. A ing" and "surrendering" a right or thing;
A quo. From which.
between giving it up because regarded as use-
As, the court a quo a cause has been removed,
by an appeal or a writ cf error. Correlative ad guem, less,and assigning or transferring it to an-'
to which. See further Qui, Quo. other as valuable. When one surrenders a
A retro. In arrear, q. v. thing by solemn agreement in writing, he
A sOciis. From its associates ; from its certainly does not " abandon" it in the sense
surroundings; from the context. See fur- in which that word is generally under-
ther NOSCITUB. stood. ^
A teneris annis. From tender years by ; 1. Property. An object of property re-
reason of youth. See NEauGENCE. mains the owner's till such time as he does
A verbis legis. See Lex, verbis, A etc. some act which shows an intention to aban-
don it then it becomes publici juris once
;

> Thompson Wesleyan Association, 65 E. C. L. 849

v.

(1849). See also Sharfl v. Commonwealth, S Binn. *B16, 1 F. a, to; fcaTir, to proscribe, give up. See Ban.
519 (1810). " Livermore v. White, 74 Me. 465 (1883), Appleton, C. J.
2 4 Bl. Com. 293. s [Dawson v. Daniel, 2 Flip. 309 (1878), Hammond, J.
» 100 U. S. 633. <Hurtu Hollingsworth, 100 U. S. 104(1879); 29'
* Although strictly terms in logic, these expressions Minn. 20.
are so common in law language that they may be con- 5 Tipton V. Martin, 71 Cal. 328 (1886); Cal. Civ. Code,
sidered quasi legal. §§ 1243^4.
' Shippen v. (Jaines, 17 Pa. 42 (1851). » [Hagan v. Gaskill, 42 N. J. E. 217 (1886), Bird, V. C,
 ABANDON ABANDON

more, liable to appropriation by the next oc- of receiving at once the whole amount of
cupant. 1 the insurance, relinquishes to the under-
" If a man be dissatisfied with his immovable estate writers all his property and interest in the
and abandou immediately he departs from it cor-
it,
thing insured, as far as it is covered by the
porally, with the intention that it shall no longer be

his; and it will become the property of him who first

policy, with allthe claims that may ensue
enters thereon."" See Dekeliction, S. from its ownership, and all profits that may
Property is abandoned when it is thrown away, or arisefrom its recovery, i
its possession is volimtarily forsalcen by the owner,
The yielding up or surrendering to the in-
in which case it will become the property of the first
occupant; or, when it is voluntarily lost or left without
surer by the insured of his interest in the
the hope or expectation of again acquiring it, then it — property.2
becomes the property of the finder, subject to the Usually made by the owner of the property when
superior claim of the owner; except that in salvage informed of the peril or loss. He gives the insurer
cases, by the admiralty law, the finder may hold pos- notice of the abandonment, the effect of which is to
session until he is paid his compensation or till the place the insurer in his position to the extent of the
property is submitted to legal jurisdiction for ascer- interest insured."
tainment of the compensation.' See Find, 1. To be made within reasonable time which is a ques-
;

To an abandonment of '' land " there must be a con- tion of fact and of law. No particular form is neces-
currence of the act of leaving the premises vacant, so sary, nor need it be in writing; but it should be ex-
that they may be appropriated by the next comer, and not left to be inferred from equivocal acts.
plicit,

with an intention of not returning.* See Vacant. The insured must yield up all his interest in the sub-
No rule of law, applicable to all cases, can be laid ject. Regularly made, operates as a transfer of the
down, as to what change of a " station " will constitute property to the underwriter.'
an abandonment or relocation. Every relocation in- " The right of abandonment does not depend upon
Tolves, in one sense, an abandonment of the old the certainty, but on the high probability, of a total
station. B loss, either of the property or of the voyage, or both.
The abandonment an "easement" imports a
of The insured is to act, not upon certainties, but upon

non-user of it. All acts of enjoyment must have
totally ceased for the same length of time that was
necessary to create the original presumption.*
Easement.
A person may abandon an " invention " in two
senses: (1) When he gives up his idea, abandons it in
the popular sense, relinquishes the intention of per-
fecting it, so that another person may take' up the
same thing and become the original and first inventor;
(2)when, having made an invention, he allows the
public to use it without objection.' See Patent, 2.
In the law of marine insurance, abandon-
ment is the act of cession, by which in cases
where the loss or destruction of the prop-
erty, though not absolute, is highly immi-
nent, or its recovery is too expensive to be
worth the attempt, the assured, on condition
and if the facts present a case of extreme
probabilities,
hazard, and of probable expense exceeding half the
See value of the ship, the insured may abandon; though
itshould happen that she was afterward recovered at
less expense." If the abandonment, when made, is
good, the rights of the parties are definitely fixed, and
do not become changed by subsequent events; if not
good, subsequent circumstances will not impart va-
lidity to it.*
Where the interest insured is that of a part owner,
or when the entire owner insui'es some definite part,
the abandonment is limited to a cession of the insured
interest; but, when the insurance reaches every part
of the ownership indiscriminately, the abandonment
extends to the entire property, though its value ex-
ceeds the amount of the insurance. For the protec-
tion of the underwriter, the abandonment relates
back to the date of the loss.' See Dekeliction, 3;
Loss, 2.

The doctrine is not applicable to fire insurance,'

1 [1 Bl. Com. 9-10.
= Partidas, S, Tit. 4, law 50; Sideck v. Duran, 67 Tex.
262 (1887), cases. " 3 Amould, Mar. Ins. 913.
'Eads V. Brazelton, 22 Ark. 509 (1861), cases. Fair- ' [Merchants', &c. Mar. Ins. Co. v. DufSeld, 2 Handy,
child, J. 137 (Ohio, 1855).
«Judson V. Malloy, 40 Cal. 310 (1870), Rhodes, C. J. ' Chesapeake Cranch, C. C. 273
Ins. Co. v. Stark, 6
'Attorney-General u. Eastern R. Co., 137 Mass. 48 (1810), Patapsco Ins. Co. v. Southgate,
Marshall, C. J. ;

(1884). 5 Pet. 631 (1831); The City of Norwich, 118 U. S. 492, 506
See also 64 Dl. 238; 49 N. T. 346; 2 Johns. 98; 9 Pa. (1886); 4 Pet. 144; 4 B. Mon. 644; 6 Ohio St. 208; 18 Mo.
273; 81W. Va. 286; 40 Am. Dec. 464, n.; 2 Washb. Real Ap. 350-51; 3J E. C. L. 110-30; 3 Am. Mar. Ins. 913-
Prop. 370. 942; 2 Pars. Mar. Ins. 111-200.
•Coming v. Gould, 16 Wend. 535-36 (1837), cases; « Bradhe v. Maryland Ins. Co., 12 Pet. 397 (1838), Story,

3 Mas. 27S. J., quoting 3 Kent, 321; Marshall v. Delaware Ins. Co.,
' [American, &c. Dressing Machine Co. v. American 4 Cranch, 306 (1808). Same cases approved. Orient
Tool Co., 4 Fish. P. C. 399 (1870). And see Planing- Mut. Ins. Co. V. Adams, 123 U. S. 67 (1887), Harlan, J.
Machine Co. v. Keith, 101 U. S. 485 (1879); Bump, Pat- 'The Manitoba, 30 F. R. 129 (1887).
ents, 246. ' May, Ins. §421o.
 ABATE ABATE

3. Relation or Duty. The relation of hus- Abatement. Demolition, destruction,

band and wife, of parent and child, or of diminution, removal, suspension.
master and servant. In equity pi'actice, a suspension of pro-
'
(1) The act of a husband in voluntarily- ceedings in a suit from want of parties
leaving his wife with an intention to fqrsake capable of proceeding therein, i
her entirely,— never to return to her, and 1. Abatement of a freehold ; of an es-

never to resume his marital duties toward tate. Where a person dies seized of an in-
her or to claim his marital rights.! heritance, and, before the heir or devisee
Such neglect as either leaves the wife des- enters, a stranger, who has no right, makes
titute of the common necessaries of life, or entry and gets possession of the freehold.^
would leave her destitute but for the charity Compare Amotion, 1.

of others.2 3. Abatement of a legacy. The re-

Exists when a man fails to supply his wile with such duction of a legacy, in case of insufficiency
necessaries and comforts of life as are within his of assets to pay all debts and other legacies.
reach, and by cruelty compels her to quit him and First, general legacies, and then specific legacies,
seek shelter and protection elsewhere. ^ See further abate proportionately.
Cause, 1 (2), Reasonable; Desertion, 1; Divorce. The rule is that where bequests are made in the
(3) The act of a parent in exposing an in- form of a general legacy, and are pure bounty, and
birth fant of tender years (usually under seven) in there is no expression in or inference to be drawn
from the will manifesting an intention to give them
any place, with intent wholly to desert it.*
priority, in case of a deficiency of funds to pay them
See Dispose, 3.
in full, they abate ratably; on the principle that
(3) For an apprentice, a sailor, or a soldier, equality is equity.' See Legacy.
to quit his service, intending not to return to 3. Abatement of a nuisance. The re-
it. See Desertion, 3, 3. moval of a nuisance.
3. Of Legal Proceedings. Voluntary, when Whatever unlawfullyannoys or doeth dam-
of the plaintiff's own accord involuntary, ;
age to another may be abated, i. e., taken
when the defendant compels him either to away removed by the party aggrieved
or
abandon or to continue the action. See Non- thereby, he committing no riot.*
suit; IfETBAXIT. An injunction may prevent, and a verdict for dam-
ABATE.5 To quash, beat down, de- ages may punish, but neither will " abate " a nui-
stroy.6 sance.5 See further Nuisance.

"Abating" is used in three senses. The

4. Abatement of a writ. Quashing or
first and primitive sense is that of beating
setting it aside on account of some fatal de-
fect init.^
down a nuisance the second, that of abating
;

— A plea in abatement is one mode. Sometimes it is

a writ or action its overthrow or defeat by
the duty of the court to abate a writ ex officio. Where
some fatal exception to it in the third de- ;
the writ is a nullity, so that judgment thereon would
notes that the rightful possession or freehold be incurably erroneous, it is de facto abated.'
of an heir or devisee is overthrown by the Plea in abatement. Matter of defense
rude intervention of a stranger. ^ which defeats an action for the present, be-
In such expressions as to abate a demand, duties, cause of a defect in the writ or declaration.s
rents, taxes, the word has no distinctly technical —
Such plea is: (1) of the writ tor an irregularity,
meaning. Compare Rebate. defect, or informality, in its terms, form, issue, serv-
Abater; abator. He who actually re- ice or return, or for want of jimlsdictiou the court; m
moves a nuisance; also, he who abates a free- (2) to the action —
as misconceived, or because the
right has not yet accrued, or because another action
hold. See 1, infra. is
pending;! (3) fg j^g declaration, on account of (a) —
> [Moore v. Stevenson, 27 Conn. 25 (1858), Ellsworth, J. > See Story, Eq. PI. §§ 20, n, 854.
A feme-sole trader law. = 3B1. Com. 168.
= [Washburn v. Washburn, 9 Cal. 476 (1858), Field, J. ' Titus V. Titus, 26 N. J. E. 114, 117-19
(1875), cases,
A divorce case. Runyon, Ch. Brown v. Brown, 79 Va. 650
;
(1884), cases
s Levering v. Levering, 16 Md. 219 (1860), Bartol, J. « [3 Bl. Com. 5, 168.
A divorce case. = Rufl V. Phillips, 50 Ga. 132 (1873).
4 See State v. Davis, 70 Mo. 468 (1869); 4 Bl. Com. 198. ' [3 Bl. Com. 168, 302.]
• F. abattre: L. ab-batuere, to beat down, prostrate. ' Case V.Humphrey, 6 Conn. 140 (1836).
' Case V. Humphrey, 6 Conn. 140 (1826). 8 [3 Bl. Com. 302. See also Steph. Plead. 47- Gould
' [3'Bl. Com. 168. Plead. 235.
4/9/23, 7:42 PM Roman Baby Traditions

roman baby traditions

Ancient Roman traditions surrounding childbirth and infancy were varied and often
reflected the social status and wealth of the parents. Here are some of the most common
baby traditions in ancient Rome:

1. Naming the baby: Roman babies were usually named on the eighth day after their birth,
and this was a very important event. The baby was given a name that reflected the
father's family or the parents' hopes for the child's future.
2. Lactation: The Romans believed that the mother's milk was very important for the baby's
health, so breastfeeding was encouraged. However, if the mother was unable to
breastfeed, a wet nurse was hired.
3. Swaddling: Swaddling was a common practice in ancient Rome, where babies were
wrapped tightly in cloth to keep them warm and safe. Swaddling was believed to help
prevent the baby from developing physical deformities.
4. Amulets and charms: To protect the baby from evil spirits and illness, Roman parents
often placed amulets and charms around their necks or on their cribs.
5. Cradle and crib: Roman babies slept in cradles or cribs made of wicker or wood. These
were often decorated with symbols of fertility and protection, such as garlands of flowers
or images of gods and goddesses.
6. First haircut: The first haircut was an important event in a Roman baby's life. It was
usually done on the seventh day after the baby's birth, and the hair was often dedicated
to the gods as a symbol of the child's birth and health.
7. Education: Education was very important in ancient Rome, even for young children.
Wealthy families often hired private tutors to teach their children, while poorer families
sent their children to school or relied on informal education.

Overall, ancient Roman baby traditions were focused on ensuring the health and safety of
the baby, as well as their future success and prosperity.

what was the informant in relation to infant exposure in Rome?

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4/9/23, 7:42 PM Roman Baby Traditions

Infant exposure was a practice in ancient Rome where unwanted or sickly infants were
abandoned, usually in public places, and left to die or be rescued by passersby. The
informant in relation to infant exposure in Rome was a person who discovered and rescued
an abandoned infant. The Roman law did not prohibit the practice of infant exposure, but it
did allow for the rescue of abandoned infants. Informants were often motivated by
compassion or a desire to raise the child themselves. Some informants were also motivated
by financial gain, as they could raise the abandoned infant as a slave or sell them into
slavery. In some cases, informants were also known to use the threat of exposure as a way
to coerce women into sexual relationships or marriage. Overall, the role of informants in
relation to infant exposure was complex and varied depending on the individual
circumstances.

what are some of those individual circumstances regarding the role of informants in relation
to infant exposure?

The role of informants in relation to infant exposure in ancient Rome could be influenced by
various individual circumstances, some of which include:

1. Social status: The social status of the informant could have an impact on their decision to
rescue or abandon an infant. For example, a wealthy informant may be more likely to
rescue an abandoned infant and raise them as a slave or adopt them, while a poor
informant may not have the means to do so.
2. Gender: The gender of the informant could also be a factor. In ancient Rome, women
were often the primary caregivers for infants and may have been more likely to rescue an
abandoned infant. However, men could also act as informants and raise the child
themselves or sell them into slavery.
3. Motivation: As mentioned earlier, the motivation of the informant could vary widely.
Some may have acted out of compassion for the abandoned infant, while others may
have been motivated by financial gain or the desire to have a child.

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4/9/23, 7:42 PM Roman Baby Traditions

4. Location: The location where the infant was abandoned could also impact the role of the
informant. Infants abandoned in public places, such as the forum or the baths, were
more likely to be discovered and rescued, while infants left in isolated locations may
have been more difficult to find.
5. Legal status: The legal status of the informant could also be a factor, as the rescue of an
abandoned infant was not without legal consequences. In some cases, informants may
have been prosecuted for kidnapping or theft if they raised or sold the abandoned
infant.

Overall, the role of informants in relation to infant exposure in ancient Rome was influenced
by a variety of individual circumstances, including social status, gender, motivation, location,
and legal status.

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