927, 6 S. E. 620, 10 Am. St. Rep. 895; Oxley Stave Co. v. International Union (C. C.) 72 Fed. 699; Casey v. Typographical Union (C. C.) 45 Fed. 135, 12 L. R. A. 193; Davis v. Starrett, 97 Me. 568, 55 Atl. 516; Barr v. Essex Trades Council, 53 N. J. Eq. 101, 30 Atl. 881; Park v. Druggists' Ass'n, 175 N. Y. 1, 67 N. E. 136, 62 L. R. A. 632, 96 Am. St. Rep. 578.
BOZERO. In Spanish law. An advocate; one who pleads the causes of others, or his own, before courts of justice, either as plaintiff or defendant.
BRACHIUM MARIS. An arm of the sea.
BRACINUM. A brewing; the whole quantity of ale brewed at one time, for which tolsestor was paid in some manors. Brecina, a brew-house.
BRAHMIN, BEAHMAN, or BRAMIN. In Hindu law. A divine; a priest; the first Hindu caste.
BRANCH. An offshoot, lateral extension, or subdivision.
A branch of a family stock is a group of persons, related among themselves by descent from a common ancestor, and related to the main stock by the fact that that common ancestor descends from the original founder or progenitor.
—Branch of the sea. This term, as used at common law, included rivers in which the tide ebbed and flowed. Arnold v. Mundy, 6 N. J. Law, 86, 10 Am. Dec. 356.—Branch pilot. One possessing a license, commission, or certificate of competency issued by the proper authority and usually after an examination. U. S. v. Forbes, 23 Fed. Cas. 1141; Patterson v. State (Tex. Cr. App.) 58 S. W. 100; Dean v. Healy, 66 Ga. 503; State v. Follett, 33 La. Ann. 228.—Branch railroad. A lateral extension of a main line; a road connected with or issuing from a main line, but not a mere incident of it and not a mere spur or side-track, not one constructed simply to facilitate the business of the chief railway, but designed to have a business of its own in the transportation of person and property to and from places not reached by the principal line. Akers v. Canal Co., 43 N. J Law, 110; Biles v. Railroad Co., 5 Wash. 509, 32 Pac. 211; Grennan v. McGregor, 78 Cal. 258, 20 Pac. 559; Newhall v. Railroad Co., 14 Ill. 274; Blanton v. Railroad Co., 86 Va. 618, 10 S. E. 925.
BRAND. To stamp; to mark, either with a hot iron or with a stencil plate. Dibble v. Hathaway, 11 Hun. (N. Y.) 575.
BRANDING. An ancient mode of punishment by inflicting a mark on an offender with a hot iron. It is generally disused in civil law, but is a recognized punishment for some military offenses.
BRANKS. An instrument formerly used in some parts of England for the correction of scolds; a scolding bridle. It inclosed the head and a sharp piece of iron entered the month and restrained the tongue.
BRASIATOR. A maltster, a brewer.
BRASIUM. Malt.
BRAWL. A clamorous or tumultuous quarrel in a public place, to the disturbance of the public peace.
In English law, specifically, a noisy quarrel or other uproarious conduct creating a disturbance in a church or churchyard. 4 Bl. Comm. 146; 4 Steph. Comm. 253.
The popular meanings of the words "brawls" and "tumults" are substantially the same and identical. They are correlative terms, the one employed to express the meaning of the other, and are so defined by approved lexicographers. Legally, they mean the same kind of disturbance to the public peace, produced by the same class of agents, and can be well comprehended to define one and the same offense. State v. Perkins, 42 N. H. 464.
BREACH. The breaking or violating of a law, right, or duty, either by commission or omission.
In contracts. The violation or non-fulfilment of an obligation, contract, or duty.
A continuing breach occurs where the state of affairs, or the specific act, constituting the breach endures for a considerable period of time, or is repeated at short intervals. A constructive breach of contract takes place when the party bound to perform disables himself from performance by some act, or declares, before the time comes, that he will not perform.
In pleading. This name is sometimes given to that part of the declaration which alleges the violation of the defendant's promise or duty, immediately preceding the ad damnum clause.
