英文法律词典 B-44

BURGOMASTER. In Germany this is, the title by which an officer who performs the duties of a mayor is, called.

BURIAL. The act of interring¹ the dead.

2. No burial is lawful² unless made in conformity³ with the local regulations; an when a dead body has been found, it cannot be lawfully⁴ buried until the coroner has holden an inquest over it. In England. it is the practice for coroners to issue warrants to bury, after a view. 2 Umf. Lex. Coron. 497, 498.

BURNING. Vide Accident; Arson⁵; Fire, accidental.

BURYING-GROUND. A place appropriated for depositing the dead; a cemetery⁶. In Massachusetts, burying-grounds cannot, be appropriated to roads without the consent of the owners. Massachusetts Revised St. 239.

BUSHEL, measure. The Winchester bushel, established by the 13 W. III. c. 5, A. D. 1701, was made the standard of grain; a cylindrical⁸ vessel⁹, eighteen and a half inches in diameter, and eight inches deep inside, contains a bushel; the capacity is 2145.42 cubic inches. By law or usage it is established in most of the United States. The exceptions, as far as known, are Connecticut, where the bushel holds 2198 cubic inches Kentucky, 2150 2/3; Indiana, Ohio, Mississippi and Missouri, where it contains 2150.4 cubic inches. Dane's Ab. c. 211, a. 12, s. 4. See the whole subject discussed in report of the Secretary of State of the United States to the Senate, Feb. 22, 1821.

BUSINESS HOURS. The time of the day during which business is transacted¹⁰. In respect to the time of presentment and demand of bills and notes, business hours generally range through the whole day down to the hours of rest in the evening, except when the paper is payable¹¹ it a bank or by a banker. 2 Hill, N. Y. R. 835. See 3 Shepl. 67; 5 Shepl. 230.

BUTT¹². A measure of capacity, equal to one hundred and eight gallons. See Measure.

BUTTS¹³ AND BOUNDS. This phrase is used to express the ends and boundaries of an estate. The word butt, being evidently derived¹⁴ from the, French bout¹⁵, the end; and bounds, from boundary.

TO BUY. To purchase. Vide Sale.

BUYER, contracts. A purchaser; (q. v.) a vendee.

BUYING OF TITLES. The purchase of the rights of a person to a piece of land when the seller is disseised.

2. When a deed is made by one who, though having a legal right to land, is at the time of the conveyance¹⁶ disseised, as a general rule of the common law, the sale is void; the law will not permit any person to sell a quarrel, or, as it is commonly termed, a pretended title. Such a conveyance is an offence at common law, and by a statute¹⁷ of Hen. VIII. This rule has been generally adopted in the United States, and is affirmed by express statute. In some of the states, it has been modified or abolished. It has been recognized in Massachusetts and Indiana. 1 Ind. R. 127. In Massacbusetts, there is no statute on the subject, but the act has always been unlawful. 5 Pick. R. 356. In Connecticut the seller and the buyer forfeit¹⁸, each one half the value of the land. 4 Conn. 575. In New York, a person disseised cannot convey, except by way of mortgage. But the statute does not apply to judicial¹⁹ sales. 6 Wend. 224; see 4 Wend. 474; 2 John. Cas. 58; 3 Cow. 89; 5 Wend. 532; 5 Cow. 74; 13 John. 466; 8 Wend. 629; 7 Wend. 53, 152 11 Wend. 442; 13 John. 289. In North Carolina and South Carolina, a conveyance by a disseisee is illegal; the seller forfeits²⁰ the land, andthe buyer its value. In Kentucky such sale is void. 1 Dana, R. 566. But when the deeds were made since the passage of the statute of 1798, the grantee might, under that act, sue for land conveyed to him, which was adversely²² possessed²³ by another, as the grantor might have done before. The statute rendered transfers valid²⁴ to pass the title. 2 Litt. 393; 1 Wheat. 292; 2 Litt. 225; 3 Dana, 309. The statute of 1824, " to revive and amend²⁵ the champerty and maintenance law," forbids the buying ot titles where there is an adverse²¹ possession. See 3 J. J. Marsh²⁶. 549; 2 Dana, 374; 6 J. J. Marsh. 490, 584. In Ohio, the purchase of land from one against whom a suit is pending²⁷ for it, is void, except against himself, if he prevails. Walk. Intr. 297, 351, 352. In Pennsylvania. 2 Watts²⁸, R. 272 Illinois, 111. Rev⁷. L. 130; Missouri, Misso. St. 119, a deed is valid, though there be an adverse possession. 2 Hill, Ab. c. 33, §42 to 52.

3. The Roman law forbade the sale of a right or thing in litigation. Code, 8. 37, 2.