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Rh 1 Kent, Comm. 101; 5 C. Rob. Adm. 173, 181; The Joseph, 1 Gall. 558, Fed. Cas. No. 7,533. The right to all captures vests primarily in the sovereign. A fundamental maxim of public law.

Lat. In public law. War. An armed contest between nations; the state of those who contend with each other. Jus belli, the law of war.

In practice. Inferior; of inferior 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.

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 aggregate 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 aggregate body of bishops.

Lat. Well; in proper form; legally; sufficiently.

4 Coke, 26. Blessed is the exposition when anything is saved from destruction. It is a laudable interpretation which gives effect to the instrument, and does not allow its purpose to be frustrated.

In ecclesiastical law. In its technical sense, this term includes ecclesiastical preferments to which rank or public office is attached, otherwise described as ecclesiastical dignities or offices, such as bishoprics, deaneries, and the like; but in popular acceptation, it is almost invariably appropriated to rectories, vicarages, perpetual curacies, district churches, and endowed chapelries. 3 Steph. Comm. 77.

"Benefice" is a term derived from the feudal law, in which it signified a permanent stipendiary estate, or an estate held by feudal tenure. 3 Steph. Comm. 77, note. i; 4 Bl. Comm. 107.

Fr. In French law. A benefit or advantage, and particularly a privilege given by the law rather than by the agreement of the parties.

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. Pl.) 2 N. Y. Supp. 257; Regina v. Vange, 3 Adol. & El. (N. S.) 214. This term is applied both to estates (as a "beneficial interest") and to persons, (as "the beneficial owner.")

One for whose benefit a trust is created; a cestui que trust. 1 Story, Eq. Jur. § 321; In re Welch, 20 App. Div. 412, 46 N. Y. Supp. 689; Civ. Code Cal. 1903, § 2218. A person having the enjoyment of property of which a trustee, executor, etc., has the legal possession. The person to whom a policy of insurance is payable. Rev. St. Tex. 1895. art. 3096a.