10 BURDOCK-BUREN. Esq., the wealthy Loudon banker, and in 1796 was inulin, bitter extractive, mucilage sugar, and a little elected M. P. for Boroughbridge, Yorkshire. In tannin. In many countries, the roots, young shoots, 1797, on the death of his grandfather, he succeeded and young leaves of B. are used in soups; and the to the baronetcy. In the House of Commons, he made himself conspicuous by his opposition to government and the war, and his advocacy of parliamentary reform, Catholic emancipation, and other liberal measures, most of which were afterwards carried. One of the most effective political speakers of that excited period, he for many years prominently occupied public attention, and was the idol of the London populace. Having succeeded in obtaining a parliamentary inquiry into the abuses of the metropolitan prisons, he became, in 1802, a candidate o Middlesex. He was first returned, then unseated, and after a second contest, defeated. At the general election of 1806, B. again became a candidate for Middlesex, but was defeated. In May 1807, he fought a duel with Mr. James Paull, one of the candidates for Westminster the previous year. Soon after, he was returned, with Lord Cochrane, for Westminster, which he represented for nearly thirty years. B. having in 1810 published, in Cobbett's Political Register, a Letter to his Constituents, declaring the conduct of the House of Commons illegal in imprisoning John Gale Jones, the Speaker's warrant was issued for his apprehension, as being guilty of a breach of privilege. Refusing to surrender, he for two days barricaded his house; the populace supported him in his resistance, and in a street contest between them and the military some lives were lost; but on April 9, the sergeant-at-arms, aided by the police and military, obtained an entrance, and conveyed him to the The prorogation of parliament restored him to liberty. Prosecuted in 1819 for a libel contained in a Letter to his Constituents, strongly animadverting on the proceedings of the magistrates and yeomanry at the memorable Manchester meeting, he was sentenced to three months' imprisonment in the King's Bench, and to pay a fine of £1000. Some time after the appointment of the Melbourne ministry in 1835, he deserted the Liberal party, and joined the Conservatives. In July 1837, he was returned for Wiltshire. His death took place January 23, 1844. Tower. BU'RDOCK (Arctium), a genus of plants of the great natural order Composite (q. v.), tribe Cynarocephale. The heads of flowers are globose, or nearly so; and each of the scales of the involucre runs out into a long rigid prickle, which is hooked at the point. By means of these hooks, the flowerhead, popularly called a bur, readily lays hold of the clothes of a passer-by, the wool of a sheep, or the like, and thus the seeds are transported from one place to another, the short hairy pappus being insufficient to waft them far on the wind. The common B. (A. Lappa), of which varieties very slightly distinguished have sometimes been described as species (A. Bardana, &c.), is abundant in waste and bushy places, by waysides, &c., in Britain and throughout Europe, scarcely, however, growing except in rich land. Its root is biennial, large, and fleshy, somewhat carrot-shaped; the root-leaves large, stalked, heartshaped; the stem stiff, upright, somewhat branched and leafy, three feet or more high. The whole aspect of the plant is coarse, and it is somewhat clammy to the touch. The root is sometimes used in medicine, being diaphoretic and diuretic, and acting upon the cutaneous system and the kidneys. It is capable of being made a substitute for sarsaparilla. When fresh, it has a disagreeable smell, but when dry, it is inodorous; it has a sweetish mucilaginous taste, becoming afterwards bitterish, and rather acrid, and contains chiefly Burdock. plant is cultivated for this use in Japan. The roots The leaves applied to BURDWA'N, a city in the sub-presidency of Bengal, on the Grand Trunk Road from the Hoogly to the North-west Provinces, in lat. 23° 12 N., and long. 87° 56' E., being 74 miles from Calcutta, with which it is connected by railway, In point of architecture, and 346 from Benares. it is a miserable place—an aggregate, as it were, of second-rate suburbs. Pop. 54,000. BURDWA'N, the territory of the last-mentioned city, lying between Beerbhoom on the north, and It stretches in N. lat. from Hoogly on the south. 22° 52′ to 23° 40', and in E. long. from 87° 21' to 88° 23'. With a length of 70 miles, and a breadth of 60, it is said to contain only 2224 square miles, with 1,854,152 inhabitants, or about 840 to the square mile-a proportion which certainly seems to justify a name that signifies productive. The district is largely engaged in the refining of sugar. It exports also iron and coal; chiefly, however, brought from the mines of Bancoorah, the district on the west. Next to the capital, Cutwa and Culna are the chief towns. BUREAU, a French word signifying a writingtable or desk; also an office for transacting business, a department of goverment, or the officials that carry it on. BUREAUCRACY is popularly applied to signify the kind of government, exemplified in many continental states, where a host of government officials, regularly organized and subordinated, and responsible only to their chiefs, interfere with and control every detail of public and private life— the evil which the Germans call 'much-government' (vielregieren). BUREN, MARTIN VAN, a president of the United States of America (1837-1841), was born at Kinderhook, in Columbia co., New York, December 5, 1782. Educated for the bar, he was elected, in 1812, senator in the legislative assembly of New York, and in 1821 took his seat in Congress, In 1829 where he supported democratic measures. he was made Secretary of State, and in 1837 he succeeded General Jackson in the presidency, being elected by a majority of twenty-four votes over his rivals, Clay, Webster, and Harrison. On beginning the duties of his office, he found himself involved in such financial perplexities, that he immediately BURG-BURGESS. summoned Congress to an extraordinary session, and proposed an entire separation of state-finance from the banks of the Union, a proposition which was decisively rejected, and B.'s popularity was greatly damaged. In 1840, he had to yield his place to General Harrison, the Whig candidate; and in 1844, when he again stood for the presidency, he was defeated by Polk. The result of this vote divided the Democrats into two parties, one of which, at a convention at Utica, unanimously declared for Van B. as president for 1848; but his election was prevented by the military renown of General Taylor, who left both Van B. and Cass with minorities. In 1856, he was again named for the presidency; but the majority of the Democratic party preferred Mr. Buchanan, He died July 24, 1862. BURG, a town of Prussia, in the province of Saxony, situated on the Ihle, about 13 miles northeast of Magdeburg. It is walled, and has long been famous for its extensive woollen manufactures. It has also manufactures of linen, yarn, steel, pottery, and leather; dye-works, distilleries, foundries, &c., and a large trade in agricultural produce. Pop. 14,570. BURGAGE TENURE is a species of holding in the law of real property which prevailed both in England and Scotland; although somewhat differently regarded in these two countries. In England, it is a species of free socage (q. v.) holding, and it prevails where the king or other person is lord of an ancient borough in which the tenements are held by a certain and determinate rent, and subject to a variety of customs, the principal and most remarkable of which is that called Borough English (q. v.). Among the other customs was a law that the wife shall be endowed with all her husband's tenements, and not with the third part only, as at Common law. In Scotland, by this tenure is meant a peculiar sort of military holding affecting property in royal burghs, the sovereign being superior or over-lord, and each individual proprietor or burgess holding direct of the crown, for the reddendo or service of watching and warding (q. v.). This service is otherwise termed service of burgh used and wont,' and is now merely nominal. Although the burgesses hold immediately of the crown, they do not receive their formal entry directly from the sovereign, but from the magistrates of the burgh, as the crown's commissioners. If the burgh, as such, ceases to exist, the crown does not thereby lose its rights over the proprietors, for they continue as crown vassals (q. v.). By the 10 and 11 Vict. c. 49, facilities are given for the transference of land in Scotland held under this tenure. See TENURE. for hard study, and was particularly averse to Latin; but he at the same time showed a relish for verse, though destitute of any other model than the Psalm-book. in 1764, he went to Halle, and applied himself to theology. In 1768, he aban doned this science for jurisprudence, which he studied at Göttingen. Here his conduct was careless and immoral, and he would probably have sunk into obscurity, if the intimacy which he happily formed with Voss, the two Stolbergs, and other young poets, had not stirred up his better nature, and inspired him with an earnest ambition to excel. He labored hard at the classics of ancient and modern times, but the study of Shakspeare and Percy's Reliques had the greatest influence in deciding the style of poetry which he was to adopt. With regard to the intrinsic merits of his poems, which consist chiefly of ballads and songs, even German critics-such as Schiller, Gervinus, and Vilmar-differ widely in their opinions; but all agree in praising the popular style, and fluent, spirited versification of his ballads, Leonora, Lenardo and Blandine, the Parson's Daughter of Taubenhayn, the Wild Huntsman, &c. B.'s life was spent in great poverty and misery, partly the result of misfortune, and partly induced by his own errors. He married thrice, in two instances very unhappily; lost his property by an unfortunate speculation; and, though the favourite poet of the German people, was left to earn his bread by translations and similar literary labours. He died June 8, 1794. Though a popular writer, B. was very careful as to style, and was one of the first who wrote good hexameter verse in German. His collected works were first published by Karl von Rheinhard, 1796-1798; latest edition, 1844. BÜ'RGERMEISTER, the German title of the chief magistrate of a city or town, analogous to the French maire, the English mayor, and the Scotch. provost. BURGESS, or BU'RGHER, from the same origin as borough, means, when taken in a general sense, much the same thing as the word citizen, but has a variety of special meanings, according to local institutions. In French literature, the word bourgeois is generally used to personify the excess of plebeian vulgarity; while, on the other hand, in England, the aristocratic member of Parliament for the city is technically called a burgess. In almost all parts of Europe, when used in a technical sense, the word means a person who holds some peculiar privilege in a town or municipal corporation. The burgesses of the European towns, indeed, were, and still BURGA'S, or BURGHA'Z, a town of European institutions, existing in contest and rivalry with the nominally are, an interesting relic of ancient Roman Turkey, in the province of Rumelia, on a promontory in the Black Sea, about 76 miles north-east of Adri-institutions of feudality. The B., with a different anople. B., which is well built and clean, has manu- name, is virtually the civis or citizen of the Roman It was factures of pottery of a superior kind, and a good municipality. a rank always of some trade in agricultural produce. Pop. about 6,000. moment, but especially valuable when the citizenThe Gulf of Burges, at the head of which the town is ship was of Rome, the metropolis. St. Paul, when situated, is about 14 miles in length, and has a depth he was to be scourged, raised the alarm of the chief varying from 5 to 12 fathoms. captain by stating that he was a Roman. Such an event might often have happened in the middle BU'RGEO ISLANDS, belonging to England, and ages, when a B., brought before the court of a feudal lying between Newfoundland and Cape Breton, in lord, claimed the privilege of pleading in his own lat. 47° 33′ N., and long. 57° 44′ W. Besides being burgal court, or the king's tribunal. The European valuable as a fishing-station, they occupy a com- monarchs found it their interest to support the burmanding position with respect to British Northgesses, as a check on the influence of the feudal arisAmerica in general, and the Gulf of St. Lawrence in particular. The group has 700 inhabitants. tocracy; and thus was nourished the great system of city communities, which have exercised so important an influence on the fate of the world. See MUNICI PAL INSTITUTIONS. In the law of England, a B. is a member of the corporation of a corporate town, or he may be BURGESS LIST-BURGH. described as a freeman duly admitted as a member | completed on or before the 22d of October in every of the corporate body. This privilege was, and, to year; every such book being the burgess roll of the some extent, still is, acquired by birth or servitude burgesses entitled to vote for councillors, assessors, -that is, by being born of a freeman, or by ap- and auditors of the borough. Copies of such burgess prenticeship for seven years within the borough roll, so completed, shall be made in writing, or to a freeman. It might also be obtained by gift printed, for delivery and sale to all persons applying | or purchase; and the Municipal Corporation Act, for the same, on payment of a reasonable price for the and 6 Will. IV. c. 76-with the exception of each copy. There are other regulations respecting abolishing the last-mentioned mode of admission these lists, and with respect to neglect and informalby gift or purchase-expressly reserves the rights ity in making up the burgess roll; and there is an of such freemen and their families; and it also enactment to the effect, that burgess rolls shall not provides for the making up and preservation of a be called in question by reason of the defect or list of burgesses so admitted, to be called the Free- want of title in the mayor or assessors, it being man's Roll (q. v.); but that act, for the purpose of sufficient that these latter were, when the lists were its own enactment, defines a B. to be a male person, revised, in actual possession and exercise of their who, on the last day of August in any year, shall office. have occupied any house, warehouse, counting-house, or shop within the borough, during that year and the whole of the two preceding years; and during such occupation shall also have been an inhabitant householder within the borough, or within seven miles thereof; and shall during such time have paid all poor-rates and all borough-rates in respect of the same premises, except those payable for the last six calendar months; and shall be duly enrolled in that year as a B. on the B. Roll (q. v.). Such burgess, however, must be of full age, not an alien, nor one who has received within the last twelve months pa- | rochial relief or other charity. This definition, howBURGII is a descriptive name of towns and ever, is subject to the following rule, that where the cities in Scotland, corresponding to the English premises come by descent, marriage, marriage-settle-word Borough (q. v.). There were burghs of barony, ment, devise, or promotion to any benefice or office, the B. shall be entitled to reckon in the occupancy and rating of the former party from whom they were so derived. In the Scotch law, the old definition of B. is still maintained. This is very similar to the old English one above mentioned, with the addition of admission to the privilege by election of the magistrates of the burgh the burgesses taking, on the ocassion of their admission, a quaint form of oath, in which they confess the religion of the country, loyalty to the Queen, to the provost and bailies of the burgh and their officers, and declaring, inter alia, that they will make concord where discord is, to the utmost of their power. By the Scotch Municipal Reform Act, 3 and 4 Will. IV. c. 76, s. 14, it is enacted that councillors must be entered burgesses of the burgh before their induction-that is, wherever there is any body of burgesses in any such burgh; but it is provided that no merely honorary B. shall be entitled to be so inducted. One of the peculiar privileges of a B. in Scotland is, that his heir has a right to heirship movables-that is, that peculiar portion of the personal property which, besides the real estate, goes to the heir-at-law. See HEIRSHIP MOVABLE. In regard to Scotland, it has been already explained (see BURGESS), that persons entitled to the privileges of burgesses must be admitted according to the old form, and councillors, before induction, must be entered burgesses, such burgesses, of course, being fully privileged in all other respects. But the list, which corresponds to the English burgess roll, is the list of municipal electors qualified according to the provisions of the 3 and 4 Will. IV. c. 76, passed for amending the laws for the election of magistrates and councils in the royal burghs in Scotland. free burghs, burghs of regality, and royal burghs. Since 1832, there have been what are called parliamentary burghs-that is, towns or burghs not being royal burghs, but sending or contributing to send representatives to parliament, under the Act 1 and 2 Will. IV. c. 65. By the General Police Act for Scotland, the word B. is declared to mean also any populous place, the boundaries of which are fixed by the act. Paisley, Greenock, Leith, Kilmarnock, Falkirk, Among parliamentary burghs are Hamilton, Peterhead, &c.; and by the 3 and 4 Will. IV. c. 77, amended by the 4 and 5 Will. IV. c. 86, and the 16 Vict. c. 26, a new constitution has been conferred on them for the election of their magistrates and councillors, and for the appointment of other officers; the election being with the persons qualified to vote for a member of parliament-to be concluded in Paisley, Greenock, Leith, and Kilmarnock, by open poll in one day, the polling-books to be summed up, and the result declared by the provost: in Falkirk, Hamilton, Musselburgh, Airdrie, Port-Glasgow, Peterhead, Portobello, Cromarty, and Oban, to be by signed lists: a third of the council to go out, and others to be elected every year; and the provost and magistrates to be chosen by the council from their own number. The police of burghs, and their paving, draining, cleansing, lighting, and improvement are regulated by the 13 and 14 Vict. c. 33, passed in 1850. BURGESS LIST AND BURGESS ROLL are lists made under the provisions of the Municipal Corporation Act, 5 and 6 Will. IV. c. 76, amended in this respect by the 20 and 21 Viet. c. 50. The overseers of the poor of every parish wholly or in BURGHS OF BARONY are corporations consisting part within any borough, are directed to make out an of the inhabitants of determinate tracts of ground alphabetical list, called the burgess list, of all persons within the Barony (q. v.), and municipally governed who may be entitled or qualified to be enrolled on by magistrates, whose election is either dependent the burgess roll of that year, such list to be open for on the baron or lord of the district, or vested in the perusal by any person, without the payment of any inhabitants themselves. Sometimes their charter of fee, at all reasonable hours, between the 1st (when incorporation gave them power to create subordinate the list must be signed and delivered) and 15th corporations and crafts, as in royal burghs; but days of September in every year. This list is after-all exclusive privileges of trading in burghs are wards revised by the mayor and his assessors, and the names of those persons allowed, on revision, to remain, are then transferred to the Burgess Roll, which is copied into a general alphabetical list in a book provided for that purpose by the town-clerk or clerk of the peace, and which book must be abolished by the 9 and 10 Vict. c. 17. In other respects, the general corporate law of the country applies to burghs of barony, as to which see below, BURGIS, ROYAL. They have power to administer their common good, to elect their burgh-officers, to make bye-laws, and their burgesses are entitled to BURGH-BURGH ACRES. challenge the sale or other disposition of the burgh's property. Burghs, Free, were burghs of barony enfranchised by crown charter with rights of trade, both home and foreign, but subjected, at the same time, to the same class of public burdens and taxation which royal burghs had to bear as the price of their peculiar privileges. Since the gradual decay and ultimate suppression of commercial monopoly, this class of burghs has become extinct, or rather all burghs may now be said to be free. BURGHS OF REGALITY were burghs of baronies, spiritual or temporal, enfranchised by crown charter, with regal or exclusive criminal jurisdiction within their own territories, and thence called regalities (q. v.) Some of these burghs of regality, especially those which were dependent on the greater bishops and abbots, were of high antiquity, and possessed jurisdiction and privilege of trade only distinguishable from those of royal burghs, by being more circumscribed in their limits. Since the abolition of hereditary jurisdictions, by the Act 20 Geo. II. c. 43, the distinction between burghs of regality and burghs of barony has ceased to be of any practical importance. of burgesses in the burgh, each councillor, before his induction, must be entered a burgess-a requisite clearly unnecessary for the purpose of the municipal administration contemplated by the act, and which, it is expected, will be done away. The number of councillors in each burgh is such as, by the sett or constitution existing at the passing of the act, formed the common council, or, where this was variable, the smallest number making a full council. The electors of Edinburgh, Glasgow, Aberdeen, Dundee, Perth, Dunfermline, Dumfries, and Inverness, are divided into wards or districts. At the election immediately succeeding the passing of the act, each ward elected six councillors; but as every year the third part of the council goes out of office, in the order prescribed by the act, two councillors are now annually chosen by each ward, there being no bar, however, to the re-election of an outgoing councillor. The electors in other burghs choose the whole council exactly as these wards do their proportion of it, and consequently elect each year & third part in place of that which has retired. Upon the third lawful day after the election succeeding the passing of the act, the councillors meet and choose, by a plurality of voices, a provost, bailies, treasurer, BURGHS, ROYAL. A royal burgh is a corporate and other office-bearers, as existing in the council body deriving its existence, constitution, and rights, by the sett or usage of the burgh; and vacancies from a royal charter-such charter being either occurring among such office-bearers, in consequence actual and express, or presumed to have existed, of the annual retirement of the third part of the and by the accident of war and time, to have council, are directed to be supplied from the counperished. By a Scotch act passed in 1469, a con- ciliors in like manner, as soon as the election of the stitution was given to royal burghs, by which new third has taken place, the first attending magisthe right of appointing their successors belonged trate having a casting vote in cases of equality. to the old councils, the act also containing the Vacancies taking place during the year by death or singular provision, that when the new council resignation are supplied, ad interim, by the remainwas chosen, the members of it, along with those ing members of the council, and the persons so of the old council, should choose all the office- elected by the councillors retire at the succeeding bearers of the burgh, each craft or trade corporation election. The rights of the guildry, trades, &c., to being represented at the election by one of them-elect their own dean of guild, &c., are still selves. But this simple plan was not univer- served; but they are now no longer recognised as sally adopted, and the election gradually lost its official or constituent members of the council, their former free and popular form-a close and exclu- functions being performed by a member of the sive proceeding being ultimately established in its council, elected by a majority of the councillors. In place. This 'close system,' as it has been called, Aberdeen, Dundee, and Perth, however, the dean of notwithstanding its repugnancy to the spirit of the guild, and in Edinburgh and Glasgow, the convener times, and modern ideas of public administration, of trades and the dean of guild are, ex officio, memcontinued in force until the year 1833, when an act bers of council; and the electors in all the above of parliament was passed, the 3 and 4 Will. IV. named burghs choose such a number of councillors c. 76, amended by the 4 and 5 Will. IV. c. 87, and as, together with these officers, makes up the the 16 Vict. c. 26, by which it was abolished, and proper number. No magistrate or councillor can be an entirely new constitution given to royal burghs, town-clerk. The magistrates and council possess with the exception of nine of them, which, on account the same powers of administration and jurisdiction of the smallness of their population, are excepted as were enjoyed by the magistrates and townfrom the provisions of the act, the election in these council before the passing of the act; and none of being conducted as it was before the act was passed. them is responsible for the debts of the burgh, or These nine burghs are: Dornoch, New Galloway, the acts of his predecessors, otherwise than as a Culross, Lochmaben, Bervie, Wester Anstruther, Kil- citizen or burgess. renny, Kinghorn, and Kintore. Of the other royal burghs royal must every year make up, The existing council in all burghs, being those to which the reforming acts before the 15th of October, a state of their apply, the principal are-EDINBURGH, Glasgow, affairs, to be kept in the town-clerk's or treasurer's Aberdeen, Dundee, Perth, Dunfermline, Dumfries, and office. The act 16 and 17 Vict. c. 26 provides for Inverness. The leading provisions of these acts are the supplying of vacancies in town councils of burgh, as follow: All persons within the burgh, qualified consequent on void and irregular elections. under the Parliamentary Reform Act, 2 and 3 Will. IV. c. 65, in respect of property or occupancy of premises, and who have resided for six months next previous to the last day of June, within the royalty, or within seven miles of it, are entitled to vote in the election of councillors. In such burghs as do not now send members to parliament, property of the same value is required for the qualification, and claims for this privilege must be lodged with the town-clerk on or before the 21st of July, in a particular form. The councillors are chosen from among the electors residing, or personally carrying on busi- BURGH ACRES are acres or small patches of ness, within the royalty; and where there is a body | land lying in the neighbourhood of Roya! Lurghs pre on or The police of burghs and other populous places, and the paving, draining, cleansing, lighting, and improving the same, are regulated by the 13 and 14 Vict. c. 33; and the 16 and 17 Vict. c. 93, enables burghs to improve and maintain their harbours. The exclusive privilege of trading in burghs is abolished by the 9 and 10 Viet. c. 17. BURGHERS, a name popularly given to a religious denomination in Scotland. See UNITED PRESBYTERIANS. BURGHS-BURGOS. (q. v.), usually feued or leased out to burgesses or persons resident within the burgh. A Scotch act of parliament, passed in 1695, relating to the division or partition of lands lying runrig, excepts burgh acres, or, as the act calls them, 'burrow and incorporat acres,' from ts provisions; but this is to be understood only of royal burghs, and not of burghs of barony or others. BURGHS, CONVENTION OF. See CONVENTION OF ROYAL BURGHS. BURGKMAIR, HANS, а noted old German painter and wood-engraver, was born at Augsburg, 1473. He was the father-in-law of the elder Holbein, and the friend of Albert Dürer, whose influence is manifest in B.'s works. Several excellent paintings by B. are preserved in the galleries of Munich, Berlin, Augsburg, and Vienna. But he is best known as a wood-engraver; his cuts amounting in all to nearly 700. Among the most celebrated of these is his Triumph of the Emperor Maximilian,' in 135 cuts, with a description by the emperor himself. Another fine series of 237 cuts, called 'The Wise King,' represents the deeds of Maximilian. B. is supposed to have died about the year 1559. breaking and an entry to complete it. There must, in general, be an actual breaking, a substantial and forcible irruption-as, at least, by breaking, or taking out the glass of, or otherwise opening a window; picking a lock, or opening it with a key; nay, by lifting up the latch of a door, or unloosening any other fastening. But if a person leaves his doors or windows open, it is his own folly and negligence, and if a man enters therein, it is no B. yet if he afterwards unlocks an inner or chamber door, it is so. To come down a chimney is held a burglarious entry, for that is as much closed as the nature of things will admit; so also to knock at a door, and upon its being opened, to rush in with a felonious intent; or, under pretence of taking lodgings, to fall upon the landlord, and rob him. If the servant conspires with a robber, and lets him into the house by night, this is B. in both. The intent must also appear, otherwise the offence will amount only to a trespass; and it must be an intent to commit felony, which may be inferred from the conduct of the offender while in the house. The punishment for this crime is now regulated by the act 7 Will. IV. and 1 Vict. c. 86, amended by the 16 and 17 Vict. c. 99, and the 20 and 21 Vict. c. 3. The provisions are to the effect that any one convicted of B. shall be liable to penal servitude for life, or any term not less than ten years, ΟΙ to be imprisoned for any term not more than three years; and in the case of imprisonment, hard labour and solitary confinement may be superadded. It is further enacted, that whosoever shall burglariously break and enter into any dwelling-house, and shall assault with intent to murder any person being therein; or shall stab, cut, wound, beat, or strike any such person, shall be guilty of felony, and suffer death. By another statute, the 14 and 15 Vict. c. 19, also amended by the 16 and 17 Vict. c. 99, and the 20 and 21 Vict. c. 3, it is enacted that any person found by night, armed with any dangerous or offensive weapon or instrument, or with housebreaking implements, or with face blackened or disguised, with intent to enter any buildings, and to commit felony therein; or if he be found by night in any building with intent to commit a felony therein-is guilty of a misdemeanour, punishable with imprisonment, not exceeding three years; and in case of a second conviction, is liable either to such imprisonment or to penal servitude for not less than three, and not exceeding ten years. BURGLARY (through the old Fr. from Lat. burgi latro, a robber of a burg or enclosure), in the criminal law of England, is defined to be a breaking and entering the mansion-house of another in the night, with intent to commit some felony within the same, whether such intent be executed or not. It is peculiar to this crime, that it can only be committed in the night-time, which, by the 7 Will. IV., and 1 Vict. c. 86, s. 4, is considered as commencing at nine in the evening, and concluding at six in the morning of the next day. The next requisite of the crime, according to the definition | we have given, relates to the place of its commission. It must be in a mansion-house, for such is the technical expression; but this is construed to mean any private dwelling, or any building temporarily or permanently used for that purpose. It cannot be committed in a distant barn, warehouse, or the like, unless there be a communication with the dwelling-house, nor in a house where no one resides. But it is B. to break into a house which is used as an occasional residence, and which the owner is in the habit of leaving for a short period, with the intention of returning, even although no one be in the house at the time of the offence. A chamber in a college, or an inn of court, is also within the meaning of a mansion-house; so likewise is a room Blackstone observes, that this offence was anciently or lodging in any private house, if the owner and called Hamesecken, as, he adds, it is in Scotland to the lodger enter by different outer doors; but if this day. But the Scotch law on this subject has they both enter by one outer door, then the offence some points of difference-hamesecken, or hamecan only be committed against the owner. For the sucken, as it is spelled in the Scotch books, not same reason, a building belonging to a corporation, being quite identical with B.: thus, the former is and separately inhabited by the officers of the body an offence exclusively against the person, and it corporate, is the mansion-house of the corporation, may be committed in the daytime as well as at and not of the officers. Again, a shop which is night; and there are other points of dissimilarity. part of another man's house, and hired merely for The Scotch law relating to housebreaking and the purpose of work or trade, is not a dwelling-stouthrief affords analogies. See HAMESUCKEN, house, and B. cannot be committed in it, neither HOUSEBREAKING, STOUTHRIEF, LARCENY, ROBBERY, as against the shopkeeper, nor against the person ASSAUlt. who occupies the other portion of the house. offence cannot be committed in a tent or booth erected in a market or fair, though the owner may lodge therein, for his doing so makes it no more B. to break open such an erection, than it would be to uncover a tilted waggon under the same circumstances. But it may be committed by breaking open a church, which, according to Sir Edward Coke, is domus mansionalis Dei, the mansion-house of God. This As to the manner of committing B., it is laid down by Blackstone that there must be both a BÜ'RGLEN, a village of Switzerland, in the canton of Uri, about two miles from Altorf. It is celebrated as the birthplace of William Tell. The supposed site of the patriot's house is now occupied by a chapel, upon the walls of which are represented certain well known scenes from his history. BU'RGOMASTER. See GULL. BURGOS, a city of Spain, capital of the new province of the same name, and of the former kingdom of Old Castile, is situated in a fertile valley at the foot of the Sierra d'Oca, and on the right bank |