Page:The New International Encyclopædia 1st ed. v. 03.djvu/768

* BURGI. 684 BUKGON. BUBGI, tii.ir'gii, JoBST. See Btrgius, Jus- Ti s. BURGKMAIR, biJork'mer. See Bubchmaib. BURGLAR-ALARM. See Alarm. BURGLARY (tiora AngloFr. bourg, OF. borg, borough + lairc, Lat. latro, robber). A coiiimon-laAv olfense, defined by Coke to l)e the breaking and entering by night into the mansion house (that is, in modorn parlance, dwelling- house) of another with intent to commit a felony therein. Every essential word of this delinition contains an element that is necessary to the completion of the crime. (1) There must be a brcal.iiuj, actual or constructive. But the term 'breaking' does not necessarily imply vio- lence; thus, the lifting of a latch, or undoing of a window-fastening, or even the compelling by threats of violence of the unlocking of a door from the inside, constitutes a breaking. It has been said that it is a burglarious breaking to come down a chinuiey because it is 'as much closed as the nature of things will permit,' for the essence of crime consists in violating the security of a dwelling. The breaking may even be for the purpose of exit: thus, if one enters a house by an open door with the intent to steal and it is afterwards locked and he breaks his W'ay out, he completes thereby the crime of bur- glary. To enter an open door or window or climb through an a])erlure already made is not a breaking. One who has lawfully entered one part of a house which is divided into separate residences may be held guilty of burglary if he break into another part. ('2) The entering need not be of the whole person ; the insertion of tlie hand, or even of an instrument or tool, for the purpose of completing the felony is sulbcient to bring the offense under the head of burglary. Thus, where a man breaks a window and inserts a cane or hook to draw out goods, the ofl'ense is common-law burglary, other conditions agreeing. The entering need not take place immediately after the breaking in order to be burglarious, but it must be connected with it as ])art of the crimi- nal intent, as where a man Wreaks a window open on one night and, returnuig the night after, eomidctes the crime. (3) The building entered must be a da-elling-hoiifsc, or a part thereof, in actual use as a residence, and to which the ])er- son accrused has no legal right of entrance. For the purpose of the definition any outhouse prop- erly appurtenant to the dwelling and within a coiinnon inclosure or curtilage is a part thereof. This would not include, however, a distant barn or disconnected storehouse, or the like, .part- ments under the same roof used for residence, and entered tlirough separate outside doors, form separate dwelling-houses in the legal sense; so are, also, suites of rooms in a college or lodging- house wliere the actual owner does not reside. By English courts a church was held subject to burglary as being 'the dwelling-house of God.' (4) The breaking and entry must be in the night time. This is considered to include the time be- tween the disappearance of daylight and its reappearance in the morning: daylight is further defined as existing when a man's f;ice can be dis- tinguished tliereby; the existence or absence of nioonliglit has no eflect in the consideration of this point, as 'the malignity of the ofTense does not so properly arise from its being done in the dark as at the "dead of night.' (.')) There must be intent to commit a felony. It is immaterial whether the intended felony be larceny, arson, rape, or murder; but in the last three eases, as. the ofl'ense is greater than that of burglary alone, the prosecution would naturally be for the most serious crime, or its attempt. If no felonious intent exists, the breaking and entering in the liigiit amount only to trespass. The common-law definition of burglary has been changed by statute in many States of the United States. In .some, conuuon-law burglary and statute burglary e.xist side by side; in otliers, statute burglary is defined as of a second degree to couunon-law burglary. The extension of the definition of the crime in some States covers the breaking and entry in the daytime as well as the night, and of shops,, factories, warehouses, etc., as well as of dwell- ing-houses. In a few of these States burglary has been extended to cover practically the break- ing and entry of any building at any time with intent to commit any crime. The ])unis!i- ment for burglary under the English law extend- ed even to penal servitude for life; in this coun- try imprisonment for twenty years is probably the maximum punishment. The killing of a bur- glar, in defense of self, family, or in-oijerty, is justifiable homicide (q.v.). The practice of in- suring against burglary is now common, both in England and in this country. (See Insur. ce. ) Consult the authorities referred to under Crim- I.XAL Law'. BURGLEN, byrK'len (Ger. Bilrglein, dim. of Burg, fort, town). A village of Switzerland, in the Canton of Uri, 1800 feet above sea-level and about 2 miles from Altorf (Jlap: Switzer- land. D 1). It is the reinited birth])lace of Wil- liam Tell. Population, in 1000, 1700. BURGMULLER, boorK'nuil'ler, Norbert (1S08HG). A German composer, bom in Diis- •seldorf. He was a pupil in Cassel of Spohr and Hauptmann, and was much esteemed l)y Schu- mann, who {ViCsammcUc Schriften, III., 145) refers in high terms to his ability. His compo- sitions, which give evidence of great imaginative and inventive power, include portions of two symphonies, of which one was finished by Schu- mann, an overture, and a ])ianoforte concerto. These, with soiiu' other nuisic, were collected and published ill Leipzig. BUR'GOM ASTER. A sailor's name for cer- tain large gulls, as the glaucous gull of Green- land (Lrinis ghiiiriis). BUR'GOMASTER, or BURGERMEISTER, bur'gcr iiii'slcr, 'I'lic title of the chief magistrate ot a city or town in (icrmany, analogous to the French maire, the English miii/or, and the Scotch provost. The oflice is now elective, but in most parts of Germany the Government reserves the right to confirm or reject the selection of the people. BUB'GON, John William (1813-88). An Eiigli-h clergyman and scholar, born in Smyrna, in -Asia Minor. He studied at Worcester College, Oxford, took orders in 1848, and in 18U3 was ap- pointed vicar of the Church of Saint Mary the 'irgin at Oxford. In 1870 he became dean of Chichester. From the long list of his works, the following may be cited: Oxford Ueformers ( 18.54) ; A Plain Commentary on the Four Holy (lospcls (1855; new ed., 4 vols., 1877); Plain Commentary on the Book of Psalms (2 vols., 1857); In.ipiration and Interpretation (18tJl);