Page:Black's Law Dictionary (Second Edition).djvu/164

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

IBUOY. In maritime law. A piece of wood or cork, or a barrel. raft, or other thing, made secure and fioatmg upon a stream or buy, intended as a guide and warning to mariners, by lnarking a spot where the water is shallow, or where Lhcre is a reef or other danger to navigation, or to mark the course of a devious channel.

(Lat. onus pro- bandi.) In the law of evidence. The necessity or duty of afljrmatively proving a fact or facts in dispute on an issue raised between the parties in a cause. Willett v. Rich, 1-l2 Mass. 356, 7 N. E. 776, 56 Alli Rep. 68%; Wilder v. Cowles. 100 Mass. 490; People v. McCann, 10 N. Y. 58. 69 Am Dec. 642.

The term "burden of proof" is not to be confused with "prime faoie case." When the party upon whom the burden of proof rests has made out a prima facie case. this wiil, in general, suffice to shift the burden. In other words, the former expression de- notes the necessity of estainllshlng the latter. Kendall v. Brownson. 47 N. H. 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, 1'36, 99 N. W. 703.

An office for the transaction of business. A name given to the several departments of the executive or administrat1ve branch of government, or to their larger subdivisions. In re Strawbridge, 39 Ala. 375.

A system in which the business of government is carried on in departments, each under the control of a chief, in contraflistinction from a system in which the ofljcers of government have a co- ordinate authority.

A term anclently spplled to a castle or fortified place; a borough, (q. 11.) Spelman.

A name snciently given to a dwelling-house in a borough town. Blount.

IB'URG-AG-E-HOLDING. A tenure by which lands in royal boroughs iu Scotland were held of the sovereign. The service was watching and warding, and was done by the burgesses within the territory of the bor- ougb, whether expressed in the charter or not.

In English law. One of the three species of tree socage hold- in,-zs; 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 customs affecting these tenures, the most remarkable of which is the custom of Borough English. See Litt. 5 162; 2 Bl. Comm. 82

One who breaks into houses or iuclosed places, as d.lSl.‘li1g1ll.5llE\] from one who committed robbery in the on a country. Spelxnan.

In old English law. A term applied to a contribution towards the remir of castles or walls of defense, or of I borough.

B'lIRG-ENS)-15. In old English law. Inhabitants of a burgus or borough; burgessem. Fleta, lib. 5, c. 6, i 10.

IBIIRGERISTH. A word used in Domes- day, signifying a breach of the peace in a town. Jacob.

In English law. An Inhabitant or freeman of a borough or town: a person duly and legally admitted a member of a municipal corporation. Spelmau; 3 Steph. Comm. 138. 189.

A magistrate of a borough. Blount.

An elector or voter; a person legally quallfled to vote at elections. The word in this sense is particularly defined by the statuta 5 & 6 Wm. IV. c. 76, §§ 9. 13. 3 Steph. Comm 192.

A representative of a borough or town, in parliament Co. Litt. 10911; I B]. Comm 174.

In American ‘law. The chief executive officer of a borough. bearing the same relation to its government and affairs that the mayor does to those of a city. So used in Pennsylvania.

A roll, required by the St. 5 an 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.

A line imposed on the community of a town, for a breach of the peace, etc.

See Bonouon Eso- LIEE.

nnonoys. Borough English, (<1. 11-)

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

In Saxon law. A court of justice held scml-annually by the bishop or lord in a burn, which the thanes were bound to attend without summons.

one who commits burglary. One who breaks into a dwelling-house in tho