KFLCC Kingdom Law 2nd Ed.

150

BRETTWALDA

BREACH

offense committed by a bailee (particularly a carrier) in opening or unpacking the chest, par cel, or case containing goods intrusted to his care, and removing the goods and converting them to his own use.—Breaking doors. For cibly removing the fastenings of a house, so that a person may enter.—Breaking jail. The act of a prisoner in effecting his escape from a place of lawful confinement. Escape, while denoting the offense of the prisoner in un lawfully leaving the jail, may also connote the fault or negligence of the sheriff or keeper, and hence is of wider significance than "breaking jail" or "prison-breach."-i-Breaking of ar restment. In Scotch law. The contempt of the law committed by an arrestee who disre gards the arrestment used in his hands, and pays the sum or delivers the goods arrested to the debtor The breaker is liable to the arrest er in damages. See AREESTMENT. A meta phorical expression, signifying the con science, discretion, or recollection of the judge. During the term of a court, the rec ord is said to remain "in the breast of the judges of the court and in their remem brance." Co. Litt 260a; 3 Bl. Comm. 407. In medical jurisprudence. The air expelled from the lungs at each ex piration. In Saxon and old English law. A fine, penalty, or amercement im posed for defaults In the assise of bread. Cowell. BREAST OF THE COURT. BREATH. BREDWITE. BREHON LAW. The name given to the ancient system of law of Ireland as it ex isted at the time of its conquest by Henry II.; and derived from the title of the judges, who were denominated "Brehons." A payment in bran, which tenants anciently made to feed their lords' hounds. In the civil law. Persons appointed to take care of houses destined to receive foundlings. This word, in a will, may Include sisters, as well as brothers, of the person indicated; it is not necessarily limited to the masculine gender. Terry v. Brunson, 1 Rich. Eq. (S. C.) 78. BRENAGIUM. BREPHOTROPHI. BRETHREN. BRETTS AND SCOTTS, LAWS OF THE. A code or system of laws in use among the Celtic tribes of Scotland down to the beginning of the fourteenth century, and then abolished by Edward I. of England. BREHON. In old Irish law. A judge. 1 Bl. Comm. 100. Brehons, {breitheamhuin,} judges.

constructive breach of the peace is an unlawful act which, though wanting the elements of ac tual violence or injury to any person, is yet in consistent with the peaceable and orderly con duct of society. Various kinds of misdemeanors are included in this general designation, such as sending challenges to fight, going armed in pub lic without lawful reason and in a threatening manner, etc. An apprehended breach of the peace is caused by the conduct of a man who threatens another with violence or physical in jury, or who goes about in public with danger ous and unusual weapons in a threatening or alarming manner, or who publishes an aggravat ed libel upon another, etc— Breach, of trust. Any act done by a 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 misappropriation by a trustee of any fund or property which had been lawfully committed to him in a fiduciary character.—Breach of warranty. In real property law and the law of insurance. The failure or falsehood of an affirmative promise or statement, or the non performance of an executory stipulation. Hen dricks v. Insurance Co., 8 Johns. (N. Y) 13; Fitzgerald v. Ben. Ass'n, 39 App. Div. 251, 56 N. Y. Supp. 1005; Stewart v. Drake, 9 N. J. Law, 139. Forcibly separating, part ing, disintegrating, or piercing any solid sub stance. In the law as to housebreaking and burglary, it means the tearing away or re moval of any part of a house or of the locks, latches, or other fastenings intended to secure it, or otherwise exerting force to gain an en trance, with the intent to commit a felony; or violently or forcibly breaking out of a house, after having unlawfully entered it, in the attempt to escape. Gaddie v. Com., 117 Ky. 468, 78 S. W. 163, 111 Am. St. Rep. 259; Sims v. State, 136 Ind. 358, 36 N. E. 278; Melton v. State, 24 Tex. App. 287, 6 S. W. 303; Mathews v. State, 36 Tex. 675; Carter v. State, 68 Ala. 98; State v. Newbegin, 25 Me. 503; McCourt v. People, 64 N. Y. 585. In the law of burglary, "constructive" break ing, as distinguished from actual, forcible break ing, may be classed under the following heads: (1) Entries obtained by threats; (2) when, in consequence of violence done or threatened in order to obtain entry, the owner, with a view more effectually to repel it, opens the door and sallies out and the felon enters; (3) when en trance is obtained by procuring the service of some intermediate person, such as a servant, to remove the fastening; (4) when some process of law is fraudulently resorted to for the pur pose of obtaining an entrance; (5) when some trick is resorted to to induce the owner to re move the fastenings and open the door. State v. Henry, 31 N. O. 468; Clarke v. Com., 25 Grat. (Va.) 912; Ducher v. State, 18 Ohio, 317; Johnston v. Com., 85 Pa. 64, 27 Am. Rep. 622; Nicholls v. State, 68 Wis. 416, 32 N. W. 543, 60 Am. Rep. 870. —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 delivery of their opinions. "We are breaking the case, that we may show what is in doubt with any of us." Holt, C. J M addressing Dol bin. J., 1 Show. 423.— Breaking bulk. The BREAD ACTS. Laws providing for the sustenance of persons kept in prison for debt. BREAKING.

BRETTWALDA.

In Saxon law. The

ruler of the Saxon heptarchy.