Page:Black's Law Dictionary (Second Edition).djvu/158

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


constructive breach of the peace is an unlawful act which. though wanting the elements of actual violence or injury to any person. is yet icnonsistent with the penceahie and orderly conduct of snci y. Various kinds of misdemeanors are included a this gencrnl designation, such as scnding chniiences to light, going armed in pub- lic witbont lawful reason and in a threatening manncr, etc. An apprclxcmlcd breach of the pcacc is caused by thc conduct of a man who threatens another with violoncc or physical in- jury, or who goes about in pnlnlic with danger- ous and unusual weapons in a thrcutenim: or alnnning manner, or who pnhiisbes an aggravated iihei upon anothcr. etc.— of trust. Any act done by 21 trustee contrary to the terms of his trust, or in excess of his authority and to the detriment of the trust; or the wrongful omission by a trustee of any act required of him by the terms of the trust. Also the wrong- ful miSa1)pl'0pri'Iti(m by a trustee of any fund or property which had been luvvfull_v committed to him in a lidu(-inry character.-131-eacl: of warranty. In real property law and the law of insurance The faliure or faiscbood of an sfhrmatjve promise or statement, or the non- performance of an executory stipuiotion. Ilen- rlricks v. Insurance Cn., 8 Johns. (N. Y) 13: Fitzgerald v. Ben. Ass’n. 39 App. Div. 251, 56 \'. Y. Supp. 1005: Stewart v. Drake, 9 N. J. Law, 139.

{{anchor+|.|BREAD ACTS. Laws providing for the sustenance of persons kept in prison for debt.

{{anchor+|.|BREAKING. Forcibly separating, parting, disintegrating, or piercing any solid sub- stance. In the law as to housebreaking and burglary, it means the tearing away or removal of any part of a house or of the locks, istches, or other fastenings intended to secure it, or otherwise e.\erti11g force to gain an entrance, wlth the intent to commit a Eeiony; or violently or forcibly breaking out of a house, after having unlawfully entered it, in the attempt to escape. Gadilje v. Com., 117 Ky. 46S, 78 S. W. 163. 111 Am. St. Rep. 259; Sims v. State. 136 [nd. 3'58. 36 N. E. 278; Melton v. State, 24 Tex. App. 287, 6 S. W. 303: Mathews v. State, 36 Tex. 675; Carter v. State, (is Ala. 98; State v. Newhecin, 25 Me. $3; ML-Court v. People, 64 N. Y. 585.

In the law of hurglury. "construe mg, as distinguished from actuni, for in , may he cinssed under the following: heads: (1) Entries obtained by tbrents; (2) when. in consequence of violence done or threatened in order to ohtain entry, the owner, with a view mnro cffcctunlly to repel it. opens the door and saliies out and the felon enters; (3) wbcn en- llzluce is oiitnined by procuring the ser\ice of some intermediate person, such as a servant, to remove the fastening: (4) “lion some process of law is frauduicntly resorted to for the purpose of obtaining an entrance; (5) when some trick is iesortcd to to induce the owner to remms the fastenings and open tbs door. State \. Hcnry, 31 N. C. 468: Clarke v. (‘om.. 25 Grat (Va.) 912; Ducher v. State. 1 317', Johnston v. C'orn.. 8'5 Pa. 4. 27 Rep. 6'’ . Nicboils v. State, 68 W . 4 N. ‘N. .;-til, 00 Am. Rep. S70. —Breaking a case. The expression by the judges of a court, to one another, of their views of a case. in order to ascertain how far they are agreed, and as preliminary to the formal deiivery of their opinions. “We ars breaking the case. that we may show what is in doubt with any of as." Hell. C. J., addressing Dol- bin, J.. 1 Show. 423.—Bx'eaking blflk. The



offense committed by a bailce (particularly a carrier) in opening or unpacking the cbest, pur- cei, or case containing goods intrusted to his care, and removing tbc goods and converting them to his own use.— doors. For- cibly rn-moving the faslenings of a house. so Ihat a person may enter.—Bx-asking jail. Tbe act of a. prisoner in eliectim. his escape from a place of lawful confinement. Escape, while donating the offense of thc prisoner in un- law_full_v ieavimz the jail, may also counote the fault or negligence of the sheriff or keeper, and bc_nce is of wider significance tban "hrs-skins jail" or “prison-brcoc ."—]31'ea.king of ar- z-est_ment. In Scotcb law. The contempt of the law committed by an arresree wbo disre- gards the arrcstment used in bis bands, and pays tho sum or delivers the goods arrested to the dehtor. The breaker is liahie to the Bl‘I'(1S|- er in damages. See .-\Il.RES'l‘)[E'.‘lT.

{{anchor+|.|BREAST OF THE COURT. A melat- phoricol expression, signifying the cunscience, discretion, or recoilectiou of the judge. During the term of a court, the record is said to remain "in the breast of the judges of the court and in their remembrance." Oo. Lltt. 243011.; 3 Bl. Comm. 407.

{{anchor+|.|BREATH. In medical jurisprudence The air exp:-iled from the iungs at each explration.

{{anchor+|.|BEEDWITE. In Saxon and old English law. A line, penalty, or an.\erccn.|c11t imposed for detaults in the assise of bread. Cowell.

{{anchor+|.|BEEHON. [n old Irish law. A judge. 1 Bl. Comm. 100. Brehons, (bi-eilhcmnlLm'n,) judges.

{{anchor+|.|BR]-JHON LAW. The name given tothe ancient system of law of Ireland as it ex- isted at the time of its conquest by Henry II.; and dcrived from the title of the judges, who were denominated "Brehons."

{{anchor+|.|BRENAGIUM. A payment in bran. which tenants anciently made to feed their lords‘ hounds.

{{anchor+|.|BREPHOTROP$. In the civil law Persons appointed to teke care of houses destined to receive foundlings.

{{anchor+|.|BRET]-IREN. This word. in a will, may include sisters, as wcli as brother of the person indicated; it is not necessariiy limited to the masculine gender. Terry v. Bruuson, 1 Rich. Eq. (S. C.) 78.

{{anchor+|.|BRETTS AND SCOTTS, LAWS 01‘ THE. A code or system of laws in use among the Celtic tribes of Scotland down to the beginning of the fourteenth century, and than abolished by Edward I, of England.

{{anchor+|.|BRETTWALDA. In Saxon law. ruler of the Saxon heptarchy.