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Break

A Dictionary of Law · William C. Anderson · 1889

A Dictionary of Law

1.

To sever by fracture; to part or divide with force or violence; also, to lay open or uncover.

Break bulk

For a bailee to open a box or package intrusted to his custody and fraudulently appropriate the contents.^ See Larceny, By bailee.

Break doors

To remove the fastenings of a house with force, so that a person, as, an officer executing process, may enter. See House. Break ground. See Freight, Affreightment; Sailing.

1 See 49 Conn. 87, 89; 91 U. S. 300; 3 Bl. Com. 416; 1 Brightly, T. & H. § 1426.

Break jail or prison. To escape from a place of lawful confinement.

See Escape, 1.

Break seals.

See Seal, 1, 4. 2.

In burglary and house-breaking, to remove any part of the house, or of the fastenings provided to secure it against intrusion, ■with intent to commit a felony. Such breaking is actual when force is used; and constructive when au entry is effected by fraud, conspiracy, or threat. ' See further Burglary.

3.

To violate a duty or engagement: as, to break a contract.

See Breach.

4.

To establish, in a judicial proceeding, the invalidity of an alleged will. See Contest.;BREAST op the court. This expression, much used by the older writers, seems to mean the sound discretion, the conscience and judgment, of the judge or judges of a court. During the term the record is in the breast of the court. 2 In a trial per testes the judge is left to form in his own breast his sentence upon the credit of the witnesses examined.^ The liberty of considering all questions in an equitable light might leave the decision of every question entirely in the breast of the judge.*