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by whom he is originally employed; and does not become the agent of the other until the bargain or contract has been definitely settled, as to its terms, between the principals. Paley, Ag. by Lloyd, 171, note (p); 1 Y. & J. 387. There are several kinds of brokers, as, Exchange Brokers, such as negotiate in all matters of exchange with foreign countries. Ship Brokers, those who transact business between the owners of vessels, and the merchants who send cargoes. Insurance Brokers, those who manage the concerns both of the insurer and the insured. Pawn Brokers, those who lend money upon goods to necessitous people at interest. Vide Story on Ag. § 28 to 32; T. L. h. t.; Maly. Lex Mer. 143;

2 H. Bl. 555; 4 Burr. R. 2103; 4 Kent, Com. 622, note (d), 3d ed.; Liv. on Ag. Index, h. t.; Chit. Com. L. Index, h. t., and articles Agency; Agents Bought note; Factor; Sold note.

BROTHELS, crim.law. Bawdy houses, the common habitations of prostitutes; such places have always been common nuisances in the United States, and the keepers of them may be fined and imprisoned. Till the time of Henry VIII., they were licensed in England, when that lascivious prince suppressed them. Vide

3 Inst. 205, 6; for the history of these pernicious places, see Merl. Repert. mot Bordel; Parent Du. chatellet, De la Prostitution dans la ville de Paris, c. 5, § 1.

BROTHER, domest. relat. He who is born from the same father and mother with another, or of one of them only. Brothers are of the whole blood when they are born from the same father and mother, and of the half blood, when they are the issue of one of them only. In the civil law when they are the children of the same father and mother, they are called brothers germain; when

they descend from the same father, but not the same mother, they are consanguine brothers; when they are the issue of the same mother, but not the same father, they are uterine brothers. A half brother, is one who is born of the same father or mother, but not of both. One born of the same parents before they were married, a left-sided brother; and a bastard born of the same father or mother, is called a natural brother. Vide Blood; Half blood; Line; and Merl. Repert. mot Frere; Diet. de Jurisp. mot Frere; Code, 3, 28, 27; Nov. 84, praef; Dane's Ab. Index, h. t.

BROTHER-IN-LAW, domest. relat. The brother of a man's wife, or the husband of a person's sister. There is no relationship between these parties, there is a mere affinity.

BRUISE, med. jurisp., is an injury done with violence to the person, without breaking the skin; it is nearly synonymous with contusion, (q. v.)

1 Ch. Pr. 38. Vide 4 Car. & P. 381, 487, 558,565; Eng. C. L. Rep. 430, 526. 529. Vide Wound.

BUBBLE ACT, Eng. law. The name given to the statute 6 Geo. 1, c. 18, which was passed in 1719, and was intended "for restraining several extravagant and unwarrantable practices therein mentioned." See

2 P. Wms. 219.

BUGGERY, crim. law, is the detestable crime of having commerce contrary to the order of nature by mankind with mankind, or with brute beasts, or by womankind with brute beasts. 3 Inst. 58; 12 Co. M; Dane's Ab. Index, h. t.; Merl. Repert, mot Bestialite. This is a highly penal offence. •

BUILDING, estates, is'an edifice erected by art and fixed upon or on the soil, composed of different pieces of stone, brick, marble, wood or other proper substance, connected together, and designed for permanent use in the position in which it is so fixed. Every building is an accessory to the soil, and is therefore real estate: it belongs to the owner of the soil. Cruise, tit. 1, s. 46. Vide 1 Chit. Pr. 148, 171; Salk. 459; Hob. 131.

BULK, contracts, is said to be merchandise which is neither counted, weighed nor measured. A sale by bulk, is a sale of a quantity of goods such as they are, without measuring, counting or weighing. Civ. Code of Louis. a. 3522, n. 6.

BULL, eceles. law. A letter from the pope of Rome, written on parchment, to which is attached a leaden seal, impressed with the images of Saint Peter and Saint Paul. There are three kinds of apostolical rescripts, the brief, the signature, and the bull, which is most commonly used in legal matters. Bulls may be compared to the edicts and letters-patent of secular princes: when the bull grants a favour, the seal is attached by means of silken strings, and when to direct execution to be performed, with flax cords. They are written in Latin, in a round and gothic hand. Ayl. Par. 132; Ayl. Pand. 21; Mer. Rep. h. t.

BULLION, in its usual acceptation, is uncoined gold or silver, in bars, plates, or other masses. 1 East, P. C. 188. In the acts of Congress, the term is also applied to copper properly manufactured for the purpose of being coined into money. For the acts of Congress authorising the coinage of bullion for private individuals, see Act of April, 2,1792, 8. 14,1 Story, 230; Act of May 19, 1828, 4 Sharsw. cont. of Story's Laws U. S. 2120; Act of June 28, 1834, Id. 2376; Act of January 18, 1837, Id. 2522 to 2529. See for the English law on the subject of crimes against bullion, 1 Hawk. P. C. 32 to 41.

BUOY, a piece of wood, or an empty barrel, floating on the water,

to show the place where it is shallow, to indicate the danger there is to navigation.

BUREAU, a French word which literally means a large writing table. It is used figuratively for the place where business is transacted; it has been borrowed by us, and used in nearly the same sense; as, the bureau of the secretary of state. Vide Merl. Reper. h. t.

BURGAGE, Eng. law. It is a species of tenure in socage; it is where the king or other person is lord of an ancient borough, in which the tenements are held by a rent certain. 2 Bl. Com. 8a.

BURGESS, a magistrate of a borough; generally, the chief officer of the corporation, who performs, within the borough, the same kind of duties which a mayor does in a city. In England the word is sometimes applied to all the inhabitants of a borough, who are called burgesses; sometimes it signifies the representatives of a borough in parliament.

BURGLARIOUSLY, pleadings; this is a technical word which must necessarily be introduced into an indictment in cases of burglary; the offence must be charged to have been committed burglariously, no other word will answer the same purpose, nor will any circumlocution be sufficient. 4 Co. 39; 5 Co. 121; Cro. Eliz. 920; Bac. Ab. Indictment, G

1 ; Com. Dig. Indictment, G 6; 1 Chit. Cr. Law, *242.

BURGLARY, crim. law, is the breaking and entering the house of another in the night time with intent to commit a felony therein, whether the felony be actually committed or not. 3 Inst. 63; 1 Hale, 549; 1 Hawk. c.'38, s. 1; 4 Bl. Com. 224;

2 East, P. C. c. 15, s. 1, p. 484; 2 Russell on Cr. 2; Roscoe, Cr. Ev. 252; Coxe, R. 441 ; 7 Mass. Rep. 247. The circumstances essential to be considered are, 1, in what place the offence must be committed; 2, at what time; 3, by what means; 4, with what intention. 1st. In what place the burglary must be committed. It must, in general, be committed in a mansion house, actually occupied as a dwelling; but if it be left by the owner, animo revertandi, though no person resides in it in his absence, it is still his mansion. Fost. 77 ; 3 Rawle, 207; the principal question at the present day, is what is to be deemed a dwelling-house. 1 Leach, 185; 2 Leach, 771; lb. 876 ; 'd Inst. 64; 1 Leach, 305; 1 Hale, 558; Hawk. c. 38, s. 18; 1 Russ. on Cr. 16; 3 Serg. & Rawle, 199; 4 John. R. 424; 1 Nott & M'Cord, 583; 1 Hayw. 102, 242; Com. Dig. Justices, (P 5); 2 East, P. C. 504. 2. At what time it must be committed. The offence must be committed in the night, for in the day time there can be no burglary. 4 Bl. Com. 224. For this purpose it is night only when by the light of the sun a person cannot reasonably discern the face or countenance of another. 1 Hale, 550; 3 Inst. 63. This rule it is evident does not apply to moonlight, 4 Bl. Com. 224; 2 Russ. on Cr. 32. The breaking and entering need not be done the same night. 1 Russ. &. Ry. 417; but it is necessary the breaking and entering should be in the night time, for if the breaking be in day light and the entry in the night, or vice versa, it will not be burglary. 1 Hale, 551; 2 Russ. on Cr. 32. Vide Com. Dig. Justices, (P 2); 2 Chit. Cr. Law, 1092. 3. The means used. There must be both a breaking and an entry. First, of the breaking which may be actual or constructive. An actual breaking takes place when the burglar breaks or removes any part of the house or the fastenings provided for it, with violence. Breaking a window, taking a pane of glass out by breaking or bending the nails or other fastenings,

raising a latch where the door is not otherwise fastened, picking open a lock with a false key, putting back the lock of a door or the fastening of a window, with an instrument, turning the key when the door is locked in the inside, or unloosening any other fastening which the owner has provided, are several instances of actual breaking. According to the Scotch law, entering a house by means of the true key, while in the door, or when it had been stolen, is a breaking. Alis. Pr. Cr. Law, 284. Constructive breakings are such when the burglar gains an entry by fraud, conspiracy or threats. 2 Russ. on Cr. 2; 2 Chit. Cr. Law, 1093. The breaking of an inner door of the house will be sufficient to constitute a burglary. 1 Hale, 553. Any, the least, entry, with the whole or any part of the body, hand, or foot, or with any instrument or weapon, introduced for the purpose of committing a felony, will be sufficient to constitute the offence. 3 Inst. 64; 4 Bl. Com. 227; Bac. Ab. Burglary, B; Com. Dig. Justices, (P 4). But the introduction of an instrument, in the act of breaking the house, will not be a sufficient entry unless it be introduced for the purpose of commiting a felony. 4. The intention. The intent of the breaking and entry must be felonious; if a felony however be committed, the act will be prima facie pregnant evidence of an intent to commit it. If the breaking and entry be with an intention to commit a bare trespass, and nothing further is done, the offence will not be a burglary. 1 Hale, 560; East, P. C. 509, 514", 515; 2 Russ. on Cr. 33.

BURNING, vide Accident; Arson; Fire, accidental.

BURYING GROUND, a place appropriated for depositing the dead; a cemetery. In Massachusetts burying grounds cannot be appropriated to roads without the consent of the owners. Massachusetts Revised St. 239.

BUSHEL, measure. The Win Chester bushel, established by the 13 W. III. c. 5, A. D. 1701, was made the standard of grain; a cylindrical vessel, eighteen and a half inches in diameter, and eight inches deep inside, contains a bushel; the capacity is 2145.42 cubic inches. By law or usage it is established in most of the United States. The exceptions, as far as known, are Connecticut, where the bushel holds 2198 cubic inches; Kentucky, 21o0£; Indiana, Ohio, Mississippi and Missouri, where it contains 2150 r^ cubic inches. Dane's Ab. c. 211, a. 12, s. 4.

BUTT. A measure of capacity, equal to one hundred and eight gallons. See Measure.

BUYER, contracts. A purchaser; (q. v.) a vendee.

BUYING OF TITLES. The purchase of the rights of a person to a piece of land when the seller is disseised. When a deed is made by one who, though having a legal right to land, is at the time of the conveyance disseised, as a general rule, the sale is void; the {law will not permit any person to sell a quarrel, or as it is commonly termed, a pretended title. Such a conveyance is an offence at common law, and by a statute of Hen. VIII. This rule has been generally adopted in the United States, and is affirmed by express statute. In some of the states, it has been modified or abolished. It has been recognized in Massachusetts and Indiana. 1 Ind. R. 127. In Massachusetts, there is no statute on the subject, but the act has always been unlawful. 5 Pick. R. 356. In Connecticut the seller and the buyer forfeit, each one half the value of the land. 4 Conn. 575. In New York, a person disseised cannot convey, except by way of mortgage. But the statute does not apply to judicial sales. 6 Wend. 224; see Vol. I.—20. 1

4 Wend. 474; 2 John. Cas. 58; 3 Cow. 89; 5 Wend. 532; 5 Cow. 74; 13 John. 466; 8 Wend. 629; 7 Wend. 53, 152; 11 Wend. 442; 13 John. 289. In North Carolina and South Carolina, a conveyance by a disseisee is illegal; the seller forfeits the land, and the buyer its value. In Kentucky such sale is void. 1 Dana, R. 566. But when the deeds were made since the passage of the statute of 1798, the grantee might, under that act, sue for land conveyed to him, which was adversely possessed by another, as the grantor might have done before. The statute rendered transfers valid to pass the title. 2 Litt. 393; 1 Wheat. 292; 2 Litt. 225; 3 Dana, 309. The statute of 1824, "to revive and amend the champerty and maintenance law," forbids the buying of titles where there is an adverse possession. See 3 J. J. Marsh. 549; 2 Dana, 374; 6 J. J. Marsh. 490, 584. In Ohio, the purchase of land from one against whom a suit is pending for it, is void, except against himself, if he prevails. Walk. Intr. 297, 351, 352. In Pennsylvania, 2 Watts, R. 272; Illinois, Ill. Rev. L. 130; Missouri, Misso. St. 119, a deed is valid, though there be an adverse possession. 2 Hill. Ab. c. 33, § 42 to 52. The Roman law forbade the sale of a right or thing in litigation. Code, 8, 37, 2.

BY ESTIMATION, contracts. In sales of land it not unfrequently occurs that the property is said to contain a certain number of acres, by estimation, or so many acres, more or less. When these expressions are used, if the land fall short by a small quantity, the purchaser will receive no relief. In one case of this kind, the land fell short twofifths, and the purchaser received no relief. 2 Freem. 106, vide 1 Finch, 109; 1 Call, R. 301; 6 Binn. Rep. 106; 1 Serg. & Rawle, R. 166; 1 Yeates, R. 322; 2 John. R. 37; 5 John. R. 508; 15 John. R. 471 ; 1 Caines, R. 493; 3 Mass. Rep. 380; 5 Mass. R. 355; 1 Root, R. 528; 4 Hen. & Munf. 184; the meaning of these words has never been precisely ascertained by judicial decision. See Sugd. Vend. 231 to 236, and the cases cited under the article Construction; More or less; Subdivision.

BY-LAWS, are rules and ordinances made by a corporation for its own government. The power to make by-laws is usually conferred by express terms of the charter creating the corporation, though, when not expressly granted, it is given by implication, and it is incident to the very existence of a corporation. When there is an express grant, limited to certain cases and for certain purposes, the corporate power of legislation is confined to the objects specified, all others being excluded bv implication. 2 Kyd on Corp. 102; 2 P. Wms. 207; Ang. on Corp. 177. The power of making by-laws, is to be exercised by those

persons in whom it is vested by the charter; but if that instrument is silent on that subject, it resides in the members of the corporation at large. Harris & Gill's R. 324; 4 Burr. 2515, 2521 ; 6 Bro. P. C. 519. The constitution of the United States, and acts of congress made in conformity to it; the constitution of the state in which a corporation is located, and acts of the legislature, constitutionally made, together with the common law as there accepted, are of superior force to any by-law; and such by-law, when contrary to either of them, is therefore void, whether the charter authorizes the making of such by-law or not; because no legislature can grant power larger than they themselves possess. 7 Cowen's R. 585; Id. 604; 5 Cowen's R. 538. Vide, generally, Ang. on Corp. ch. 9; Willc. on Corp. ch. 2, s. 3; Bac. Ab. h. t.; 4 Vin. Ab. 301; Dane's Ab. Index, h. t.; Com. Dig, h. t.; and Id. vol. viii. h. t.

C

CADASTRE. A term derived from the French, which has been adopted in Louisiana, and which signifies the official statement of the quantity and value of real property in any district, made for the purpose of justly apportioning the taxes payable on such property. 3 Amer. St. Papers, 679; 12 Pet. 428, n.

CALENDAR. Sec Almanac.

CALENDAR, crim. law, is a list of prisoners, containing their names, the time when they were committed, and by whom, and the cause of their commitments.

CALLING THE PLAINTIFF, practice. When a plaintiff perceives that he has not given evidence to

maintain his issue, and intends to become nonsuited, he withdraws himself, when the crycris ordered to call the plaintiff, and on his failing to appear, he becomes nonsuited. 3 Bl. Com. 376.

CALUMNIATORS, civil law, are persons who accuse others of having committed crimes, whom they know to be innocent. Code, 9, 46, 9.

CAMPARTUM. A part or portion of a larger field or ground, which would otherwise be in gross or common. Vide Champerty.

CANCELLATION,' in its general acceptation, is the act of crossing a writing; it is used sometimes to I signify the manual operation of tear

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