danger and overcoming it-including the amount of expense, sacrifice or damage, so incurred. If a part of the goods only are damaged, those goods escaping contribute to make good the loss in proportion to their value.

Particular Average.-Particular average is a loss on the ship, cargo or freight, to be borne by the owner of the subject on which it happens, and is so called in distinction from general average, and if not total is also called a partial loss. It is insured against in marine policies.

Petty Average.-Petty average consists of small charges assessed on the cargo, to pay pilotage, towage, light-money, beaconage, anchorage and the like.

AWARD.

Award-See ARBITRAMENT AND AWARD

BAIL.

Bail. Those persons who become sureties for the appearance of a defendant in court. As to the qualification of bail, see SURETIES. See also MAGISTRATE.

Bail Bond.-A specialty by which the defendant and other persons become bound to the people of a state or to a sheriff, in a penal sum, for the appearance of the defendant to answer at a time stated.

BAILEE.

Bailee. One to whom goods are bailed; the party to whom personal property is delivered, under a contract of bailment. He must act in good faith and perform his undertaking in respect to the property intrusted to him, with the diligence and care required by the nature of his engagement. If a person borrows goods to use, he becomes

a bailee, and is bound to exercise extraordinary care of the goods, and is responsible if they are lost or injured.

When the Bailment is mutually beneficial to the parties, as where goods are hired or pledged to secure a debt, the bailee is only bound to exercise ordinary care in preserving the property,

When the Bailee receives no benefit from the bailment, as where he accepts goods, chattels or money, to keep without recompense, or undertakes, gratuitously, the performance of some commission in regard to them, he is answerable only for the use of the ordinary care which he bestows upon his own property of a similar nature. He must return the property according to his engagement; he cannot dispute his bailor's title to the goods.

BANK ACCOUNT.

Bank Account.-A fund which merchants and others have deposited into the common cash of some bank, to be drawn out by checks, from time to time, as the depositor may require. The statement of the amount deposited and drawn, which is kept in duplicate, one in the depositor's bank-book and the other in the books of the bank.

Bank Business and Accounts. It is safe to say that every person of consequence, doing business, finds it to his advantage to keep an account with some bank. This is, so to speak, an age of banks, and where there are so many, it is truly wonderful that so few turn out, when a "run takes place, to be insolvent. A merchant keeping a bank account, has three advantages: His money is safe and secure; he saves time in counting, and runs no risk of losing in counting; he can leave his notes with the bank for collection, and have no trouble in notifying indorsers. He is, in effect, his own banker-his checks represent his bills.

Opening an Account.-When a person opens an account with a bank, he receives a small account book, called a deposit book. This deposit book he should send to the

bank, not only when he makes a deposit, but also at the close of each month, to be balanced.

Discounting Notes, etc.-When he offers a note or bill for discount, the request should be made in writing, and contain the names of promiser and indorsers [with their places of residence, if not stated in the note], amount due on note and the time it has to run. This memorandum should be addressed to the cashier, and is usually left with the discount clerk. When a note is discounted, the interest, for the time the note has to run, with three days' grace, is taken in advance.

Drafts sent for Acceptance. When a draft is sent to a distant place for acceptance, notice should be sent to the person on whom it is drawn so as to precede its arrival.

Forwarding Money.-When money is to be transmitted by mail to a distant place, it would be safer and more convenient to send a draft, check or certificate of deposit.

BANKRUPT.

Bankrupt.-A trader who secretes himself, or does certain other acts tending to defraud his creditors. A A person who has done or suffered to be done some act, to do which is by law declared to be an act of bankruptcy.

BONDS OF MATRIMONY.

Bowls of Matrimony.-Public notice or proclamation of a matrimonial contract, and the intended celebration of the marriage of the parties in pursuance of such contract, to the end that persons objecting to the same may have an opportunity to declare such objections before the marriage is solemnized. Formerly, such proclamation was always made in the churches, but now the custom is nearly obsolete.

BAR TO ACTION.

Bar to Action.-A perpetual destruction of the action of

the plaintiff. In personal actions, a recovery by the plaintiff is a perpetual bar to another action for the same matter. So, where a defendant has judgment against the plaintiff, it is a perpetual bar to another action of like nature for the

same cause.

When the Statute of Limitations has run against a cause of action, the action is said to be barred. See LIMITATIONS.

BARGAIN AND SALE.

Bargain and Sale.-A contract or bargain by the owner of land, in consideration of money or something of value, to sell land to another person, called the "bargainee." As to the effect of the words "grant, bargain and sell," see CON

VEYANCING.

BARRATRY.

California Penal Code.-Common barratry is the practice of exciting groundless judicial proceedings. It is punishable by imprisonment in the county jail not exceeding six months, and by fine not exceeding five hundred dollars. [In Washington the same as here. The other states and territories have no laws on the subject.] It must be proved that the "barrator" has excited proceedings at law in at least three instances and with an intent to annoy. An attorney who buys or is interested in buying any evidence of debt, or right to sue with intent to sue thereon, is guilty of a misdemeanor.

In Maritime Law and Insurance.-An unlawful act or culpable negligence of the master or sailors of a vessel in violation of duty as such, and prejudicial to the owner, and against his commands or without his consent; piratically or feloniously appropriating the cargo, or running away with the vessel or cargo, or voluntarily delivering the vessel or cargo into the hands of pirates, are acts of the grossest barratry, and capital offenses by the laws of the United States of America.

BASTARD.

Bastard. One born of illicit connection and before the

lawful marriage of his parents. One begotten and born out of lawful wedlock. One born of an illicit union.

A Man is a Bastard, if born before the marriage of his parents; but he is not a bastard, if born after marriage, although begotten before. A man is a bastard, if born during coverture, under such circumstances as to make it impossible that the husband of his mother can be his father.

IN CALIFORNIA, NEVADA AND IDAHO.

Every Illegitimate Child shall be considered as an heir of the person who shall, in writing, signed in the presence of a competent witness, have acknowledged himself to be the father of such child; and shall in all cases be considered as heir of his mother, and shall inherit his or her estate, in whole or in part, as the case may be, in the same manner as if he had been born in lawful wedlock; but he shall not be allowed to claim, as representing his father or his mother, any part of the estate of his or her kindred, either lenial or collateral, unless before his death his parents shall have intermarried, and his father, after such marriage shall have acknowledged him as aforesaid, or adopted him into his family, in which case such child and all the legitimate children shall be considered as brothers and sisters; and on the death of either of them intestate and without issue, the others shall inherit his estate, and he theirs, as herein before provided, in like manner as if all the children had been legitimate, saving to the father and mother respectively their rights in the estates of all the said children, as provided herein before, in like manner as if all had been legitimate.

The Issue of all marriages deemed null in law,* or dissolved by divorce, shall be legitimate.

Descent.-If any illegitimate child shall die intestate, without lawful issue, his estate shall descend to his mother;

*The issue of such marriages are legitimated by the statute without regard to the grounds of nulity. Marriages between whites and blacks are null and void; but the issue is legitimate.