KFLCC Kingdom Law 2nd Ed.

149

BOZERO

BREACH

927, 6 S. B. 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. In Spanish law. An advo cate; one who pleads the causes of others, or his own, before courts of justice, either as plaintiff or defendant BOZERO. 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, BRAHMAN, or BRAMIN. In Hindu law. A divine; a priest; the first Hindu caste. sion, or subdivision. A branch of a family stock is a group of persons, related among themselves by de scent 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. —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 cer tificate of competency issued by the proper au thority and usually after an examination. U. S. v. Forbes, 25 Fed. Cas. 1141; Petterson 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 ex tension 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 busi ness of the chief railway, but designed to have a business of its own in the transportation of persons 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. McGreg or, 78 Cal. 258, 20 Pac. 559; Newhall v. Rail road Co., 14 111. 274; Blanton v. Railroad Co., 86 Va. 618, 10 S. EL 925. To stamp; to mark, either with a hot iron or with a stencil plate. Dibble v. Hathaway, 11 Hun (N. Y.) 575. An ancient mode of pun ishment 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. An instrument formerly used In some parts of England for the correction of scolds; a scolding bridle. It inclosed the BRANCH. An offshoot lateral exten BRAND. BRANDING. BRANKS. BRACHIUM MARIS. An arm of the sea.

head and a sharp piece of Iron entered the mouth 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 dis turbance 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 de fine 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-ful filment of an obligation, contract, or *duty. A continuinff 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 construc tive 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 prom ise or duty, immediately preceding the ad damnum clause. —Breach of close. The unlawful or unwar rantable entry on another person's soil, land, or close. 3 Bl. Comm. 209.—Breach of cove nant. The nonperformance of any_ covenant agreed to be performed, or the doing of any act [covenanted not to be done. flolthouse.— Breach of dnty. In a general sense, any vio lation or omission of a legal or moral duty. 'More particularly, the neglect or failure to ful fill in a just and proper manner the duties of an office or fiduciary employment.—Breach of pound. The breaking any pound or place .where cattle or goods distrained are deposited, in order to take them back. 3 Bl. Comm. 146. '—Breach of prison. The offense of actually and forcibly breaking a prison or gaol, with in tent to escape. 4 Chit. Bl. 130, notes; 4 Steph. Comm. 255. The escape from custody of a person lawfully arrested on criminal proc ess.—Breach of privilege. An act or de fault in violation of the privilege of either house of parliament, of congress, or of a state legislature.—Breach of promise. Violation of a promise; chiefly used as an elliptical ex pression for "breach of promise of marriage."— Breach of the peace. A violation of the public tranquillity and order. The offense of breaking or disturbing the public peace by any riotous, forcible, or unlawful proceeding. 4 Bl. Comm. 142, et seg.; People v. Bartz, 53 Mich. 493, 19 N. W. 161; State v. White, 18 R. I. 473, 28 Atl. 968; People v. Wallace, 85 App. Div. 170, 83 N. Y. Supp. 130; Scougale v. Sweet 124 Mich. 311, 82 N. W. 1061. A