Page:Black's Law Dictionary (Second Edition).djvu/157

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


BOZERO

92?. 6 S. E. 630, 10 Am. St. Rep. 895; Oxley Stave Co. 1'. International Union (0. C.) '72 Fed. 699'. Casey v. Typographical Union (0. C.) -15 led. 135, 12 L. R. A. 193; Davis V. Smrrett. 9? Me. 56s, 55 At}. 516; Barr v. Fasex Trades Council, 53 N. J. Eq. 101, 30 AH. 831; Park v. Dru_zgistn' Ass’n. 175 N. Y. 1, 6'1" N. E. 138. 62 L. R. A. 632, 96 Au] St. Rep. 578.

{{anchor+|.|BOZEBO. In Spanish law. An advocate: one who pleads the causes of others, or his own, before courts of justice, either as plaintiff or defendant.

{{anchor+|.|BRACIIIUM MARIS. sea.

An arm of the

{{anchor+|.|BRACINUM. A brewing; the whole quantity of ale brewed at one time, for which tolscslur was paid in some munors. Brecimz. a brew-house.

{{anchor+|.|BRAHMIN, BEAHMAN, or BRAMIN. In Iluidu law. A divine; a priest; the first lliudu caste.

{{anchor+|.|BRANCH. An oifshoot, aim], or subdivision.

A branch of a family stock is a group of persons, rsiated among themselves by descent from a common ancestor, and related to the main stock by the fact that that com- mon ancestor descends from the original founder or progenitor.

lateral exten-

—Bz-anch of the sea. This term, as used at common law. Inciuded rivers in which the tide ebhed and fiowcd. Araold v. Mandy. 6 N. J. Law. 86. 10 Am. Dec. 3:":6.—Branch pilot. One possessing a license, commission, or certificate of competency issued by the proper authority and usuaily after an examination. U. S 1. Forbes, 23 Fed. Can. 1141; Patterson V. State('1‘nx. Cr. pp.) 58 S. W. 100; Dean V. Healy, (Ni Ga 503; State v. Follett. 33 La. Ann, 22S.—Bx-nneh railroad. A iaterai exten ion of a main line: a road connected with , uinz from a main line, but not a mere Indira: of it and not a mere spur or side-track. not one constructed simpiy to facilitate the busi- ness of the thief raiiway, but designed to have a business of its own in the transportation of person and property to and from piaces not reached by the principal iine. Akcrs v. Canal 0).. 43 N. J Law. 110: Bilr-s v. Railroad Co. 5 Wash. 500 2 Pac. 911 or. 78 Cai.

mud on. 14" 274; 3 Va. 618. 10 s. E. 9.

ariton v. Railroad C .

{{anchor+|.|BRAND. To stamp; to mark. either with a bot iron or with a stencil plate. Dibble V. llatl:'.:""a,'. 11 Hun (N. Y.) 575.

{{anchor+|.|BRANDING. An ancient mode of pun- iflnb-nt by infiictlng a mark on an offender “H: a hot iron. It is .r.renerally disused in civil law, but is a recognized punishment for 5-8 military otrenses.

{{anchor+|.|BRANKS. An instrument formerly used in some parts of England for the correction of scoids; a scolding bridle. It inciosed the

149

{{anchor+|.|BREACH

head and a sharp piece of iron entered the month and restramed the tongue.

{{anchor+|.|BRASIATOE. A maltster, a brewer.

{{anchor+|.|BRASIUM. Malt

{{anchor+|.|BRAWL. A clamorous or tumultuous quarrei in a public place, to the disturbance of the pubhc peace.

In English law, specifically, a noisy quarrel or other uproarious conduct creating a disturbance in a church or churchyard. 4 Bl. t"nmm. 146; 4 Sfeph. Comm. 253.

The popular meanings of the words "hrawis" and "tumults" are suhstantiaily the same and identicai. ‘They are correlative terms, the one employed to express the meaning of the other, D and are so defined by approved lexicographcrs. Legally, they mean the same kind of disturbance to the public peace, produced by the same class of agents, and can be well com rrhended to define one and the same offense. ‘tate v. Perkins. 42 N. H. 464.

3

{{anchor+|.|BREACH. The breaking or Violating of a law, right, or duty, either by commission or omission.

In contracts. The Violation or non-tul- filment of an obligation, contract, or duty.

A continuing breach occurs where the state of affairs, or the specific act, constituting ihe hreach_ endures for a considerable period of time, "or is repeated at short intervals. A construc- _tioe hreach of contract takes place when the party bound to p(‘l‘f0I'm disables himseif from G ‘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 adH damnum clause.

—Brea.ch of close. The unlawful or unvsal‘- rantabie entry on another person's soii. land. or ciosc. 3 Bl. mm. 209.—Breach of cove- nant. The nonperfnrmanre of any r‘o\en.\.nt agreed to be performed, or the doing of any act I Icovenanted not to be done. Ilolt.house.— [Branch of duty. In a general sense, any Vio-

lntion or omission of a legal or morai duty.

‘More particuinriy, the neglect or failure to fulfill in a just and proper manner the duties of an office or fiduciary en)ployment.—Breach of pound. The hreaking any pound or piaee where cattle or goods distrained are deposited. in order to take them beck. 3 Bl. Comm. 146. —Breuch of prison. The olfense of actually and forcibly breaking a prison or mini, with intcnt to escape 4 (‘Int Bi. 130, notes: 4 Ste-ph. Comm. ‘J D. The escape from custody of a person lawfu ly arrest:-d on criminal prnc- K css.—-Breach of privilege. An act or default in Violation of the privilege of either house of pariiament, of congress, or nf a state legislature. Breach of promise. Violation of a promise: c' ' lly used as an eiiiphcai e - nlcssion for ‘I-rt-it-n of promise of mnrriagze."-— Breach of the peace. A Violation of the L puhlic tranquiiiily and order. The nllcnsc of breaking or disturbing the public peace by any riotous, forcible, or unlawful proceeding. 4 Bl. Comm. Ifl, ei .seq.: Peopie v. Rartz, 33 ll. 4 ' 19 N. W. 161' State v. “lute. is

. 2.? AH. : APD. ‘fin’. 170, 33 N. Y. S V. Sweet. E-it Mich. 311.

"I1

I-

unp.

" N. W.