KFLCC Kingdom Law 2nd Ed.

156

BURGLAR

BUNDA

BTJNDA. In old English law. A bound, boundary, border, or limit, (terminus, limes.) BUOY. In maritime law. A piece of wood or cork, or a barrel, raft, or other thing, made secure and floating upon a stream or bay, intended as a guide and warning to mariners, by marking a spot where the water is shallow, or where there is a reef or other danger to navigation, or to mark the course of a devious channel. BURDEN OP PROOF. (Lat onus pro tandi.) In the law of evidence. The neces sity or duty of affirmatively proving a fact or facts in dispute on an issue raised between the parties in a cause. Willett v. Rich, 142 Mass. 356, 7 N. B. 776, 56 Am. Rep. 684; Wilder v. Cowles, 100 Mass. 490; People v. McCann, 16 N. Y. 58, 69 Am. Dec. 642. The term "burden of proof" is not to be confused with "prima facie case." When the party upon whom the burden of proof rests has made out a prima facie case, this will, in general, suffice to shift the burden. In other words, the former expression de notes the necessity of establishing the latter. Kendall v. Brownson, 47 N. BL 200; Carver v. Carver, 97 Ind. 511; Heinemann v. Heard, 62 N. Y. 455; Feurt v. Ambrose, 34 Mo. App. 366; Gibbs v. Bank, 123 Iowa, 736, 99 N. W. 70& BUREAU. An office for the transaction of business. A name given to the several departments of the executive or administra tive branch of government, or to their larger subdivisions. In re Strawbridge, 39 Ala. 375. BUREAUCRACY. A system in which the business of government is carried on in departments, each under the control of a chief, in contradistinction from a system in which the officers of government have a co ordinate authority. BURG, BURGH. A term anciently ap plied to a castle or fortified place; a borough, (q. v.) Spelman. BURGAGE. A name anciently given to a dwelling-house in a borough town. Blount. A tenure by which lands in royal boroughs in Scotland were held of the sovereign. The service was watching and warding, and was done by the burgesses within the territory of the bor ough, whether expressed in the charter or not. BURGAGE-TENURE. In English law. One of the three species of free socage hold ings; a tenure whereby houses and lands which were formerly the site of houses, in an ancient borough, are held of some lord by a certain rent. There are a great many cus toms affecting these tenures, the most re BURGAGE-HOLDING.

markable of which is the custom of Borough English. See Litt. § 162; 2 Bl. Comm. 82. One who breaks into houses or inclosed places, as distinguished from one who committed robbery in the open country. Spelman. BURGBOTE. In old English law. A term applied to a contribution towards the repair of castles or walls of defense, or of a borough. BURGENSES. In old English law. In habitants of a burgus or borough; burgesses. Fleta, lib. 5, c. 6, § 10. BURGERISTH. A word used in Domes day, signifying a breach of the peace in a town. Jacob. BURGESS. In English, law. An in habitant or freeman of a borough or town; a person duly and legally admitted a member of a municipal corporation. Spelman; 3 Steph. Comm. 188, 189. A magistrate of a borough. Blount. An elector or voter; a person legally qual ified to vote at elections. The word in this sense is particularly defined by the statute 5 & 6 Wm. IV. c. 76, §§ 9, 13. 3 Steph. Comm. 192. A representative of a borough or town, in parliament. Co. Litt. 109a; 1 Bl. Comm. 174. In American law. The chief executive officer of a borough, bearing the same rela tion to its government and affairs that the mayor does to those of a city. So used in Pennsylvania. BURGESS ROLL. A roll, required by the St. 5 & 6 Wm. IV. c. 76, to be kept in corporate towns or boroughs, of the names of burgesses entitled to certain new rights conferred by that act. BURGH-BRECHE. A fine imposed on the community of a town, for a breach of the peace, etc BURGH ENGLISH. See BOEOUGH ENG LISH. BURGH ENGLOYS. Borough English, (q. v.) BURGHMAILS. Yearly payments to the crown of Scotland, introduced by Malcolm III., and resembling the English fee-farm rents. BURGHMOTE. In Saxon law. A court of justice held semi-annually by the bishop or lord in a burg, which the thanes were bound to attend without summons. BURGLAR. One who commits burglary. One who breaks into a dwelling-house in th« BURGATOR.