Legal Term Dictionary

A maltster, a brewer.

A maltster, a brewer. Less...

Malt.

Malt. Less...

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 disturbance In a church or churchyard. 4 BL Comm. 146; 4 Steph. Comm. 253. The popular meanings of the words "brawls" More...

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 disturbance 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 define one and the same offense. State v. Perkins, 42 N. H. 464. Less...

The breaking or violating of a law, right, or duty, either by commission or omission. In contracts. The violation or non-fulfilment of an obligation, contract, or duty. A continuing breach occurs where the state of affairs, or the specific act, constituting the breach, endures for a considerable period of time, More...

The breaking or violating of a law, right, or duty, either by commission or omission. In contracts. The violation or non-fulfilment of an obligation, contract, or duty. A continuing 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 constructive 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 oalleges the violation of the defendant's promise or duty, immediately preceding the ad damnum clause. -Breach of close. The unlawful or unwarrantable entry on another person's soil, land, or close. 3 Bl. Comm. 209.-Breach of covenant. The nonperformance of any covenant agreed to be performed, or the doing of any act covenanted not to be done. Holthouse.- Breach of duty. In a general sense, any violation or omission of a legal or moral duty. 'More particularly, the neglect or failure to fulfill in a just and proper manner the duties of an office or fiduciary employment.-Broach 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 intent to escape. 4 Chit. Bl. 130, notes; 4 Steph. Comm. 255. The escape from custody of a person lawfully arrested on criminal process.-Breach of privilege. An act or default 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 expression for "breach of promise of marriage."- Breach of the peace. A violation of the public tranquillity and order. The offence of breaking or disturbing the public peace by any riotous, forcible, or unlawful proceeding. 4 Bl. Comm. 142, et seq.; People v. Bartz, 53 Mich. 493, 19 N. W. 161: State v. White. IS R. I. 473, 28 Atl. 968: People v. Wallace. 85 App. Div. 170. 83 X. Y. Supp. 130; Scougale v. Sweet, 124 Mich. 311, 82 N. W. 1061. A constructive breach of the peace is an unlawful act which, though wanting the elements of actual violence or injury to any person, is yet inconsistent with the peaceable and orderly conduct of society. Various kinds of misdemeanors are included in this general designation, such as sending challenges to fight, going armed in public 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 injury, or who goes about in public with dangerous and unusual weapons in a threatening or alarming- manner, or who publishes an aggravated 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 wrongful 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 nonperformance of an executory stipulation. Hendricks 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. Less...

Laws providing for the sustenance of persons kept in prison for debt.

Laws providing for the sustenance of persons kept in prison for debt. Less...

Forcibly separating, parting, disintegrating, or piercing any solid substance. In the law as to housebreaking and burglary, it means the tearing away or removal 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 entrance, More...

Forcibly separating, parting, disintegrating, or piercing any solid substance. In the law as to housebreaking and burglary, it means the tearing away or removal 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 entrance, 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" breaking, as distinguished from actual, forcible breaking, 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 entrance 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 purpose of obtaining an entrance; (5) when some trick is resorted to to induce the owner to remove the fastenings and open the door. State v. Henry, 31 N. C. 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" addressing Dol-bin, J., 1 Show. 423.-Breaking bulk. The offense committed by a bailee (particularly a carrier) in opening or unpacking the chest,, parcel, or case containing goods intrusted to his care, and removing the goods and converting them to his own use.-Breaking doors. Forcibly 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 tbe offense of the prisoner in unlawfully 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."-Breaking of arrestment. In Scotch law. The contempt of the law committed by an arrestee who disregards the arrestment used in his hands, and pays the sum or delivers the goods arrested to the debtor. The breaker is liable to the arrester in damages. See ARRESTMENT. Less...

A metaphorical expression, signifying the conscience, discretion, or recollection of the judge. During the term of a court, the record is said to remain "in the breast of the judges of the court and in their remembrance." Co. Litt 260a; 3 Bl. Comm. 407.

A metaphorical expression, signifying the conscience, discretion, or recollection of the judge. During the term of a court, the record is said to remain "in the breast of the judges of the court and in their remembrance." Co. Litt 260a; 3 Bl. Comm. 407. Less...

In medical jurisprudence. The air expelled from the lungs at each expiration.

In medical jurisprudence. The air expelled from the lungs at each expiration. Less...

In Saxon and old English-law. A fine, penalty, or amercement imposed for defaults in the assise of bread. Cowell.

In Saxon and old English-law. A fine, penalty, or amercement imposed for defaults in the assise of bread. Cowell. Less...

In old Irish law. A judge. 1 Bl. Comm. 100. Brehons, (breitheambuin,) judges.

In old Irish law. A judge. 1 Bl. Comm. 100. Brehons, (breitheambuin,) judges. Less...