KFLCC Kingdom Law 2nd Ed.

157

BUSHEL

BURGLARIOUSLY

BURLAWS. Laws made by neighbors elected by common con sent in the burlaw courts. Skene. —Burlaw courts. Courts consisting of neigh bors selected by common consent to act as judges in determining disputes between neighbor and neighbor. BURN. To consume with fire. The verb "to burn," in an indictment for arson, is to be taken in its common meaning of "to con sume with fire." Hester v. State, 17 Ga. 130. BURNING FLUID. As used in policies of insurance, this term does not mean any fluid which will burn, but it means a recog nized article of commerce, called by that name, and which is a different 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. BURNING IN THE HAND. In old Eng lish criminal law, laymen, upon being ac corded the benefit of clergy, were burned with a hot iron in the brawn of the left thumb, in order that, being thus marked, they could not again claim their clergy. 4 Bl. Comm. 367. A burroch, dam, or small wear over a river, where traps are laid for the taking of fish. COwell. BURROWMEALIS. In Scotch law. A term used to designate the rents paid into the king's private treasury by the burgesses or inhabitants of a borough. BURSA. Lat A purse. BURSAR. A treasurer of a college. BURSARIA. The exchequer of collegiate or conventual bodies; or the place of receiv ing, paying, and accounting by the bursars. Also stipendiary scholars, who live upon the burse, fund, or joint-stock of the college. In English law. The ancient punishment of sodomites, and those who contracted with Jews. Fleta, lib. 1, c. 27, § 3. BURYING-GROUND. A place set apart for the interment of the dead; a cemetery. Appeal Tax Court v. Academy, 50 Md. 353. BUS CARL. In Saxon and old English law. Seamen or marines. Spelman. BUSHEL. A dry measure, containing four pecks, eight gallons, or thirty-two quarts. But the dimensions of a bushel, and the weight of a bushel of grain, etc., vary in the different states in consequence of statutory enactments. Richardson v. Spafford, 13 Vt. In Scotch law. BURROCHIUM. BURYING ALIVE.

night-time with intent to commit a felony. Wilson v. State, 34 Ohio St. 200; O'Connor T. Press Pub. Co., 34 Misc. Rep. 564, 70 N. Y. Supp. 367. In pleading. A technical word which must be introduced into an indictment for burglary at common law. Lewis v. State, 16 Conn. 34; Reed T. State, 14 Tex. App. 665. BURGLARITER. L. Lat, (Burglarious ly.) In old criminal pleading. A necessary word in indictments for burglary. In criminal law. The breaking and entering the house of another in the night-time, with intent to commit a feloriy therein, whether the felony be actual ly committed or not. Anderson v. State, 48 Ala. 666, 17 Am. Rep. 36; Benson v. Mc Mahon, 127 U. S. 457, 8 Sup. Ct. 1240, 32 L. Ed. 234; Hunter v. State, 29 Ind. 80; State v. Petit, 32 Wash. 129, 72 Pac. 1021; State v. Langford, 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. Newell, 7 Mass. 245. The common-law 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 Cal. § 459. The title given in Germany to the chief executive officer of a borough, town, or city; corresponding to our "mayor." BURGLARIOUSLY. BURGLARY. BURGOMASTER. BURIAL. Sepulture; the act of interring dead human bodies. See Lay v. State, 12 Ind. App. 362, 39 N. E. 768; In re Reformed, etc.. Church, 7 How. Prac. (N. Y.) 476; Ceme tery Ass'n v. Assessors, 37 La. Ann. 35. Murder com mitted with the object of selling the cadaver for purposes of dissection, particularly and originally, by suffocating or strangling the victim. So named from William Burke, a notorious practitioner of this crime, who was hanged at Edinburgh in 1829. It is said that the first instance of his name being thus used as a syno nym for the form of death he had inflicted on others occurred when he himself was led to the gibbet, the crowd around the scaffold shout ing "Burke him!" BURKING-BURKISM. BURGUNDIAN LAW. OUNDIONUM. BURGWHAR. A burgess, (g. v.)

See LEX BUB