BY THE BY

Incidentally; without new process. A term used in former Engllsh practice to denote the method of filing a dec-laration against a defendant who was al-ready in the custody of the court at the suit of a different plaintiff or of the same plaintiff ln another cause

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BY-LAWS

Regulations, ordinances, or rules enacted by a private corporation for its own government

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BY BILL, BY BILL WITHOUT WRIT

In practice. Terms anciently used to des-ignate actions commenced by original bill, as distinguished from those commenced by original writ, and applied in modern practice to suits commenced by capias ad respondendum. 1 Arch. Pr. pp. 2, 337; Harkness v. Harkness, 5 Hill (N. Y.) 213.

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BUTTY

A local term in the north of England, for the associate or deputy of another ; also of things used in common

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BUTT

A measure of liquid capacity, equal to oue hundred aud eight gallons; also a measure of land

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BUSINESS HOURS

Those hours of the day during which, in a given community, commercial, banking, professional, public, or oth-er kinds of business are ordinarily car-ried on

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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

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BURYING ALIVE

In English law. The ancient punishment of sodomites, and those who contracted with Jews. Fleta, lib. 1, c. 27, $ 3

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BURS ARIA

The exchequer of collegiate or conventual bodies; or the place of receiv-lng, paying, and accounting by the bursars. Also stipendiary scholars, who live upon the burse, fund, or joint-stock of the college

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BURROCHIUM

A burroch, dam, or small wear over a river, where traps are laid for the taking of fish. Cowell

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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 thelr clergy. 4 Bl. Comm. 367

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BURNING FLUID

As used ln 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 C0., 6 Mo. App. 235; […]

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BURLAWS

In Scotch law. Laws made by neighbors elected by common consent ln the burlaw courts. Skene

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BURKING-BURKISM

Murder committed with the object of selling the cadaver for purposes of dissection, particularly and originally, by suffocating or strangling the victim

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BURGLARY

In criminal law. The breaking and entering the house of another in the night-time, with intent to commit a felony therein, whether the felony be actual-ly committed or not. Anderson v. State, 48 Ala. 666, 17 Am. Rep. 36; Benson v. McMahon, 127 U. S. 457, 8 Sup. Ct 1240, 32 L. Ed. 234; IIunter […]

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BURGLARITER

L. Lat. (Burglarious-Iy.) In old criminal pleading. A necessary word in Indictments for burglary

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BURGLARIOUSLY

In pleading. A technical word which must be introduced into an Indictment for burglary at common law. Lewis v. State, 16 Conn. 34; Reed v. State, 14 Tex. App. 665

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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

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BURGHMAILS

Yearly payments to the crown of Scotland, Introduced by Malcolm III., and resembling the English fee-farm rents

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BURGESS

In English law. An inhabitant 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

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BUBGENSES

In old English law. In-habitants of a burg us or borough; burgesses. Fleta, lib. 5, c. 6, $ 10

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BURGBOTE

In old Engllsh law. A term applied to a contribution towards the repair of castles or walls of defense, or of a borough

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BURGATOR

one who breaks into houses or inclosed places, as distinguished from one who committed robbery in the open country. Spelman

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BURGAGE-TENURE

In English law. one of the three species of free socage hold-lngs; a tenure whereby houses and lands which were formerly the site of houses, ln an ancient borough, are held of some lord by a certaln rent. There are a great many cus-toms affecting these tenures, the most re

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BURGAGE-HOLDING

A tenure by which lands in royal boroughs ln 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

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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

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BUREAU

An ofiice for the transaction of business. A name given to the several departments of the executive or admin istra-tive branch of government, or to their larger subdivisions. In re Strawbridge, 39 Ala. 375

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BURDEN OF PROOF

(Lat. onus probandi.) In the law of evldence. The neces-slty or duty of affirmatively provlng a fact or facts ln dispute on an issue raised between the parties In a cause, willett v. Rich, 142 Mass. 356, 7 N. E. 776, 56 Am. Rep. 684; wilder v. Cowles, 100 Mass. 490; People v. McCann, 16 […]

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BUOY

In maritime law. A piece of wood or cork, or a barrel, raft, or other thlng, 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 […]

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BUNDA

In old English iaw. A bound, boundary, border, or limit, (terminus, limes

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BULLION

Gold and silver Intended to be coined. The term la usually applied to a quantity of these metals ready for tlie mint, but as yet lying ln bars, plates, lumps, or other masses; but it may also include orna-ments or dishes of gold and silver, or foreign coins not current as money, when intended to […]

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