Encyclopædia americana. A popular dictionary of arts, sciences, literature, history, politics and biography, a new ed.; including a copious collection of original articles in American biography; on the basis of the 7th ed. of the German Conversations-lexicon. Ed. by Francis Lieber, assisted by E. Wigglesworth ...

328 BURGLARY-BURGOYNE.
shed, or other building, is not burglary, a house and steal," &c., or shall steal any
unless it be appurtenant to a dwelling- property in any dwelling-house, any perhouse. A chamber in a college, or in the son therein being put in fear," or "shall
London inns of court, is, for this purpose, steal to the value of ~5," he shall stffer
considered to be a mansion-house. The death; and it does not appear, by lMr.
Inore usual punishment of burglary has Collier's edition of the criminal statutes,
heretofore been death. In the U. States, 1828, that any distinction is made, in this
there is some diversity of punishment for section, as to the offence being by day or
this offence, the penalty being death in night. This crime is punishable, under
somle states, and imprisonment for life or the French code (Penal. lib. 3, tit. 2, c. 2,
years in others. In Maine, for the prin- s. 1, No. 381, 383), either by death or by
c:ipal and accessary before the fact, where hard labor for life, according to the cirthe criminal enters a dwelling-house by cunistances of aggravation.
niight, with a deadly weapon, it is death. BURGOMASTER; the name of the chief
Inl New Hampshire, the offence, accord- magistrates of large towns in the Nethung to the common definition, is punished erlands and Germany. Their numby imprisonment and hard labor for life. ber and term of office are different in
iT Vermont, the punishment is imprison- different places. They are sometin:es
ment in the state prison for a term not chosen for life, sometimes for a fixed peexceeding 15 years, or a fine not exceed- riod. They preside in the municipal
ing 1000 dollars; in Massachusetts, im- counsels, &c. The same officer, in
Pi.risonment for life of the principal and France, is called maire; in England and
accessary before the fact, in case of being the cities of North America, mayor.
aruned with a deadly weapon; in Rhode BunRos; a city of Spain, the capital
Island, death; in Connecticut, imprison- of Old Castile, and once the residence of
ieant in the state prison not exceeding 3 its kings. It stands on the declivity of a
years; in New York, a fine, and impris- hill, on the right bank of the Arlanzon.
onmnent with hard labor not exceeding 10 The streets are narrow and dark. It con-,arws; in P'ennsylvania, for the first of- tains a college, numerous churches and
af:nce, imprisonment not exceeding 10 convents, and a population of about
years; for the second, not exceeding 15; 10,000. The cathedral, one of the most
no IMaryland, restoration of property, and beautiful Gothic structures in Spain, was
imnprisonment not less than 2 nor ex- built in the 13th century, and, as well as
ceedirlg 10 years; in Virginia, restora- some of the other churches, contains
tion of property, and imprisonment not splendid mausoleums. It is so large,
less than 5 nor more than 10 years; and that service can be performed in eight
Mi Louisiana, imprisonment not less than chapels at once, without confusion. The
10 nor more than 15 years; and the code wool of Old Castile passes principally
of this state nmakes the crime the same through B., and it has some woollen
where the culprit conceals himself in the manufactures. It was captured by the
house dulring the day, until night, as English in 1813. Lat. 42~ 21' N.; lon.
where he breaks into it during the night. 2O 40/ W.'iThe British statute 7 & 8 Geo. IV, c. 29, BURGOYNE, John; an English general
imakes the punishment death; and this officer and dramatist. He was the natustatute, pursuing that of 12 Anne, c. 7, ral son of lord Bijngly, and entered early
mlakes the committing a felony in a house, into the army. In 1762, he commanded
and breaking out of it by night, burglary. a force sent into Portugal for the defence
This statute of Geo. IV also alters the of that kingdom against the Spaniards.
definition of the crime, by substituting -IHe also distinguished himself, in the
dwyelling for mansion-house. [The Amer- American war, by the taking of Ticondeican statutes generally adopt this descrip- roga, but was, at last, obliged to surrention.] It also defines what shall be con- der, with his aarmy, to general Gates, at
sideredl as part of the house, saying, that Saratoga. He was elected into parliano building within the same curtilage, and merit for Preston, in Lancashire, but, reoccupied with the dwelling-house, shall fusing to return to America, pursuant to
be deemed a part of it for this purpose, his convention, was dismissed the service.
"unless there shall be a commlunication" He published some pamphlets in defence
with the house " by means of a covered of his conduct, arid is the author of three
and enclosed passage." This provision dramas,-the Maid of the Oaks, Bon Ton,
clears up a doubt that had hung over the and the Heiress, —all in the line of what
fornmer law. This act also provides (s. 12), is usually called genteel comedy, of which
rlat, "if any person shall break and enter they formn light and pleasing specimens.