B A G 
B A I 
B A I 
instant you see the horizon through the slit iu 
the horizon vane ; then will the degrees cut 
by tlie shade vane on the arch, being added 
to those cut by the sight vane on the 
other arch, be the sun’s zenith distance at 
that time, which being substracted from 90 
degrees, will give his altitude. 
BAG OP A, iu botany, a genus of the pen- 
tandria monogynia class and order: the essen- 
tial character is, calyx with a short tube, 
spreading at top ; stam. inserted into the tube 
of the corolla, stigma headed, caps, one-celled. 
There is but one species,- an aquatic plant 
of Cayenne, celebrated by the inhabitants for 
its efficacy in curing burns. 
BACTRIS, in botany, a genus of the class 
and order monoecia hexandria. In the male 
flowers the calyx is 3-parted; corolla 1-pe- 
talled, 3-cleft; stam. 6 ; fern. cal. 1-leaved, 3- 
toothed, cor. the same, stigma 3-cleft, drupe 
coriaceous. This genus is classed among the 
palms: there are two. species, themajus and 
minus, both natives of (Jarthagena, where the 
fruit is eaten. 
BA€ GLARES, a sect of anapabtists, so 
called as holding it unlawful to bear a sword, 
or any other weapon besides a staff. 
BACULE, in fortification* a kind of port- 
cullis, or gate, made like a pitfall with a 
counterpoise, and supported by two great 
stakes. It is usually made before the corps- 
de-garde, not far from the gate of a place. 
BADGER, in zoology. See Ursus. 
Badger, in old law-books, one that was 
licensed to buy corn in one place, and carry 
it to another to sell, without incurring the 
punishment of an ingrosser. They are to be 
annually licensed by the justices. 
BADIAGA, a water-plant resembling a 
sponge, and said to be good for removing the 
livid marks from blows. 
BADIANE, or Badian, the seed of a tree 
which grows in China, and smells like anise- 
seed. The Chinese, and the Dutch in imi- 
tation of them, sometimes use the badiane to 
give their tea an aromatic taste. 
BAD1GEON, a mixture of plaister and 
free-sto.ne, used by statuaries to till up little 
hole*.’ ^ 
B.ECKEA, in botany, a genus of the octan- 
dria order and monogynia class of plants. The 
calyx is a permanent perianthium, consisting 
qfa single funnel-shaped leaf, cut into 5 seg- 
ments at the brim; the corolla consists of 5 
roundish petals inserted into the calyx ; the 
pericarpium is a globose capsule, made up of 
4 valves, and containing 4 cells, in which are 
a few roundish angular seeds. There is one 
species, a native of China. 
BiEOBOTRYS, a genus of the pentandria 
monogynia class and order. The essential 
character is ; cor. tubular ; border 5-cleft ; cal. 
double, outer 2-leaved, inner 1-leaved, bell- 
shaped ; berry globose, 1-celled, growing to 
calyx, many-seeded. There is but one spe- 
cies, a natm: of Zanna in the South Seas. 
BTITYLTA, anointed stones, worshipped 
by the Phenicians, and by other barbarous 
nations. 
BAFFETAS, or Bastas, a cloth made of 
coarse white cotton thread, which comes from 
the East Indies. Those of Surat are the best. 
BAG, among farriers, is when, in order to 
retrieve a horse’s lost appetite, they put an 
ou » :e of asafbetida, and as much powder of 
savin, into a bag, to be tied to the bit, keep- 
ing him bridled for two hours, several times 
Vol. I. 
a-day : as soon as the bag is taken off, he will 
fall to eating. The same bag will serve a 
long time. 
BAGNOLTANS,Bagnolenses, in church 
history, a sect of heretics, who in reality were 
manicllees, though they somewhat disguised 
their errors. r l hey rejected the Old Testa- 
ment, and part of the Lew; held the world to 
be eternal, and affirmed that God did not 
create the soul when he infused it into the 
body. 
Bx\GPIPE, a musical instrument of the 
wind kind, chiefly used in country places, 
especially in the north; it consists of two 
principal parts ; the first a leathern bag, which 
blows up like a foot-ball, by means of a port- 
vent, or little tube, litted to it, and stopped 
by a valve; the other part consists of three 
pipes or lktes, the first called the great pipe, 
or drone, and the second the little one ; which 
pass the wind out only at the bottom: the 
third has a reed, and is played on by com- 
pressing the bag under the arm, when full, 
and opening and stopping the holes, which 
are eight, with the fingers. The little pipe is 
ordinarily a foot long ; that played on, thir- 
teen inches ; and the port-vent six. 
BAGUETTE, in architecture, a small 
round moulding, less than an astragal, and 
so called from the resemblance it bears to a 
ring. 
BAHAR, or Barre, in commerce, weights 
used in several places in the East Indies. 
There are two of these weights, the one the 
great bahar, with which they weigh pepper, 
cloves, nutmegs, ginger, &c. and contains 
about 5cwt. and 24 pounds 9 ounces, avoirdu- 
pois weight. W ith the little bahar they weigh 
quicksilver, vermilion, ivory, silk, &c. "it 
contains about 437 pounds 9 ounces. 
BAIL, in law, the setting at liberty one ar- 
rested, or imprisoned, upon an action either 
civil or criminal, upon sureties taken for his 
appearance at a day and place assigned. In 
civil cases the bail is either common or spe- 
cial. Common bail is a matter of coufse, 
being nothing but a mere form upon appear- 
ance, after personal service of tire writ, and 
notice to appear upon the defendant. If he 
appear thereto, his attorney puts in imaginary 
sureties for his future attendance, as John 
Doe and Richard Roe. But if the plaintiff 
will make affidavit that the cause of action/ 
amounts to 10/. or upwards, in order to ar- 
rest the defendant, and make him put in sub- 
stantial sureties jfor his appearance, called 
special bail ; it is then required that the true 
cause of action be expressed in the body of 
the writ, or process. 3 Black. 2S7. 
Special bail, are two or more persons, 
who, after the arrest, undertake generally, or 
enter into bond to the sheriff in a certain sum, 
to insure the defendant’s appearance at the 
return of the writ; this obligation is called the 
bail-bond. 
Bail in criminal cases. Upon offering suf- 
ficient surety, bail may be taken either in 
court, or in some particular cases, by the 
sheriff, coroner, or other magistrate, but most 
usually by justices of the peace, in the fol- 
lowing cases: Persons of good fame charged 
with a bare suspicion of manslaughter, or 
other inferior homicide. Persons charged 
with petit larceny, or any felony not before 
specified. Accessaries to felony, not being 
of evil fame, nor under strong presumption of 
guilt. But bail cannot be taken upon aa ac- 
B b 
m 
cusation of treason, nor of murder, nor in the 
case of manslaughter if the person is clear y 
the skyer ; nor sucli as being committed for 
felony have broken prison, nor persons out- 
lawed, nor such as have abjured the realm, 
nor approvers, nor persons taken with tire 
maner, or in the fact of felony, nor per ons 
charged with house-burning, nor persons 
taken by writ of excommunicato capiendo. 
BA1LE, or Bale, in the sea-language. 
The seamen call throwing the water b) hand 
out of the ship or boat’s hold, bailing, 'i hey 
also call those hoops that bear up the till of a 
boat, its bails. 
BAILMENT, inlaw, is a delivery of things, 
whether writings, goods, &c. to another, 
sometimes to be delivered back to the bailer; 
that is, to him who so delivered them; some- 
times to the use of the bailee; that is, of him 
to whom they are delivered ; and sometimes 
also to be delivered to a third person; this 
delivery is called a bailment. 2 Black. 451. 
The following rules are laid down as actions 
in the law of bailments: A bailee, who de- 
rives no benefit from his undertaking, is re- 
sponsible only for gross negligence. A bailer, 
who alone receives benefit from the bailment, 
is responsible for slight neglect. When tlie 
bailment is beneficial to both parties, the 
bailee must answer for ordinary neglect. A 
special agreement of the bailee to answer for 
more or less, is in general valid. All bailers 
are answerable for actual fraud, even though 
the contrary be stipulated. No bailee shall 
be charged for a loss by inevitable accident, 
or irresistible force, except by special agree- 
ment. Robbery by force is considered as 
irresistible; but a loss by private stealth, is 
presumptive evidence of ordinary neglect. 
Gross neglect is a violation of good faith. No 
action lies to compel performance by a nak- 
ed contract. The negligence of a servant 
acting by his master’s orders, expressed or 
implied, is the negligence of the master. 
BAILIFF, a keeper, or protector. Hence 
the sheriff is considered as bailiff to the 
crown : and the county of which he has the 
care, and in which he is to execute the king’s 
writ, is called his bailiwick ; so also his officers 
who execute writs, warrants, &c. are called 
bailiffs. 
Bailiff, tvater, an officer appointed in 
all port-towns, for the searching of ships, 
gathering the toll for anchorage, &c. and ar- 
resting persons for debts, &c. on the water. 
Bailiff is still applied to the chief magis- 
trate of several corporate towns. The go- 
vernment of some ot the king’s castles is also 
committed to persons called bailiffs, as the 
bailiff of Dover castle. 
In France, bailiffs have some considerable 
prerogatives ; they are reputed heads of their 
respective districts, or administer justice by 
their lieutenants, at least within the precincts 
of the several parliaments or provinces of 
France. In their name justice is administer- 
ed, contracts and other deeds passed, and t<> 
them is committed the command of the mi- 
litia. 
In Scotland, bailiff is the name of a judge, 
as well as the appellation of alderman. 
Bailiffs of courts baron, summon those 
courts, and execute the process thereof; they 
present all pound-breaches, cattle strayed, 
ocC. &c. 
BAILIWICK, signifies sometimes that li- 
berty which is exempted from tlie sheriff «£ 
