Page:Black's Law Dictionary (Second Edition).djvu/165

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BURGLARIOUSLY

nighttime with intent to commit a felony. Wilson v. State, 34 Ohio St. 200; O'Connor v Press Pub. Co., 34 Misc. Rep. 564, 70 N. Y. Supp. 367.

{{anchor+|.|BURGLARIOUSLY. In pleading. A teiiiuieai word which must be introduced into nu iniilctrnent for burglary at common law. Lewis v. State. 16 Conn. 34; Reed v. State, l4 Tex. App. 065.

{{anchor+|.|BURGLARITER. L. Lat. (Burglariousr iy) In aid criminal pleading. A necessary word in indictments for burgl.-iry.

{{anchor+|.|BURGLARY. ln criminal law. The lvrcnlzing and entering the house of another in the niglit-tlnie, with intent to commit a. rciuuy therein, whether the felony be actually committed or not. Anderson v State, 48 Ala 6456. l7 Am. Rep. 36; Benson v. Mc- Mnhon. 15 U. S. 457, S Sup Ct. 1240. 32 L. Ed. 23 : Iiuuter v. State, 29 Ind. 80: State 1'. Petit. 32 Wash. 129. 72 Pac. 1021; State V. Liingford, 12 N. C. 253: State v. McCall, 4 Ala. 644. 39 Am. Dec 314; State v. Wilson, 1 N. J. Law. 439, 1 Am. Dec. 216; Com. v. .\'cweii, 7 Mass. 245.

The common-liiw definition has been much modified by statute in several of the states. For example: “Every person who enters any house. room, apartment, tenement, shop, warehouse, store, mill, barn. stable, outhouse, or other building, tent, vessel, or railroad car, with intent to commit grand or petit larceny, or any felony, is guilty of burglary." Pen. Code Uni. § 459.

{{anchor+|.|BURGOMASTER. The title given in Genuiiuy to the chief executive oflzicer of a borough, town, or city; corresponding to our "mayor."

{{anchor+|.|BURGUNDIAN LAW. See Lax Boa- aimuionou.

{{anchor+|.|BURGWEAR. A burgess. ((1. -v.)

{{anchor+|.|BURIAL. Sepulture; the act of lnterring dead human bodies. See my v. State, 12 lud. App. 39 N. E. 768: In re Reformed, etc, Church, 7 How. Prac. (N. Y.) 476: Cemetery Ass'n v. Assessors, 37 La. Ann. 35.

{{anchor+|.|BURKING-BURKISM. Murder com- mitted with the object of selling the cadaver for purposes of dlssection, particularly and originally, by suffocating or strangling the victim.

."n named from William Burke, a notorious Diaontioner of this crime, who was hanged at nlirgh in 1829. It is said that the first ifluuce of his name being thus used as :1 syno- [or the form of death he had inflicted on

o ‘ occurred when he himself was ied to ill iphbet, the crowd around the acafiold shoutiii; "Burke him !"

157

{{anchor+|.|BUSHEL

{{anchor+|.|BURLAWS. In Scotch law Laws made by neighbors elected by common consent in the hui-law courts. Skene. —Burlaw coin-ts. Courts consisting of neigh- bors se_-iected by common consent to not as

judges in determining disputes between neigbbor and neighbor.

{{anchor+|.|BURN. To consume with fire. The verb "to burn." in an indictment for arson. is to be taken in its common meaning of “to consume uith fire." Hester v. State. 17 Gii 130.

{{anchor+|.|BURNING FLUID. As used in policies of insurance. this term does not mean any fluid which will burn. iiut it means a reLngnized article of commerce, called by that name, and which is a dlflerent article from naphtha or kerosene. Putnam v. Insurance Co. (C. C.) 4 Fed. 764; Wheeler v. Insurance Co., 6 Mo. App. 235; Mark v. Insurance Co., 24 Hun (N. Y.) 569.

{{anchor+|.|BURNING IN THE HAND. In Old Eug- iish criminal law, laymen. upon being accorded the benefit of clergy, were hurneil with a hot tron in the brawn of the left thumb, in order that, being thus marked, they could not again claim their clergy. 4 Bl. Comm. 367.

BURROCHITUM. A burroch, dam. or small wear over a river, where traps are in id for the taking of fish. CowelL

BURROWMEALIS. In Scotch law. A term used to designate the rents paid into the kings private treasury by the burgessea or inhabitants of a borough.

IBURSA. Lat. A purse {{anchor+|.|BURSAR. A treasurer of a college.

BURSARIA. The exchequer of collegiate or conventual bodies; or the place of receiving, paying, and accounting by the bursurs. Also stipenillary scholars, who live upon the burse, fund, or joint-stock of the college.

BURYING ALIVE. In English law. The ancient punishment of sodomltes, and those who contracted with Jews. Fleta, lib. 1, c. 27, § 3.

B'lIRYl'NG~GROUN'D. A place set apart for the interment of the dead; a cemetery. Appeal Tax Court v. Academy, 50 Md. 33:5.

{{anchor+|.|BUSGARL. law.

In Saxon and old English seamen or marines. Speiman.

{{anchor+|.|BUSH]-IL. A dry measure. containing four peeks, eight gallons, or thirty-two quarts. But the dlmensions of a busheL and the Weight of a bushel of grain, etc., vary in the different states in consequence of statutory

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enactments. Richardson v. Spattord, 13 Vt. M