Page:Black's Law Dictionary (Second Edition).djvu/159

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BREVE

{{anchor+|.|BREV1-I. L. Lat. A writ. An original writ. A writ or precept of the king issuing out of his courts.

A writ by which a person is summoned or attnciicd to ansu er on action. compl.ih.it. etc., or whereby nnytliing is commanded to be done in the courts, in order to justice, etc. it is nailed “brri'e," from the brevity of it, and is addressed either to the defendant him- self, or to the chancellors, judges, sheriffs, or other officers. Skene.

-3:-eve iie recto. A writ of right, or license for a nnrson ejected out of an estate. to sue for the pw-essinu of it—Breve innoniinatnm. A “'11! ul(il.i1‘,’ only a general complaint, without Lhc iii-mils or particulars of the ciiusc of |rtion.—Breve nuniinntrim. A named writ A writ station the (firciimstances or details of the cause of action, nith tLi- time. pines, and llumflflll, verv particniarlv.—Breve orig.-,i al .l\I] oriizinoi writ; a writ which gave m'i' w-nmnicncement to a suit.—Breve peri; '1-ere. To purchase a writ or liccnse of trial in the kiiu:'s courts by the plaint_ilT.—Breve testatuui. A written mcmoraniliiin introduced to perpetuate the tenor of the conveyance and in- rcsiiture o innds. 2 Bl. Comm. 307. In Scotch liur. A siiniinr memorandum made out at the time of the transfer, attested by the pores v-iiritr and by the scai of the superior. Bcli.

Breve its dicitnir, quia. rem de qua ngitur, at intentionem petentis, patrols verlzis breviter enarrat. A Writ is so Call- ed because it hriefiy states. in few words, the matter in dispute, and the object of the party seeking relief. 2 Inst. 39

Brave judiciale debet nequi snum orig- inals, et oecesso-rilun suurn principnle. lciik. Cent. 292. A judicial writ ought to Euiiow its original, and an accessory its prin- (lpal.

Bx-eve Judieinle non cadit pro defectu formic. Jenk. Cent. 43. A judicial wrlt iiils not through defect of form.

{{anchor+|.|BREVET. In military law. A com- ui|:~:ioii by which an ollicer is promoted to the next hirhcr rank, but without conferring a right to a corresponding increase of pay.

In French law. A privilege or warrant l.'l"iliite(1 by the government to a private person, authorizing him to take a special benefit or exercise an exclusive privilege. Thus

1 bi-L-ct d'i'ncmitiori is a patent for an inven-

um.

{{anchor+|.|BREVIA. Lat Writs. iiru-c, which see.

—Brev-la advernarla. Adversary writs; \\ riis brought by an adversarv to recover land. Ii Coke, 67.—Brevia amicabilia. Aniicahle or friendly writs; writs hroiight by arrecinent ur consent of the parties.—Brevin nnticipantin. At common law. Anticipating or pre- \r_-nfive writs. six were includcd in this cute- rory. viz: Writ of mcsne; warraritviu ciirirtie; mnmtruverunt; uudito querela: curio duoden- rln: and ne in-jciste owes. Peters v. Linen-

-hmlilt, 58 Mo. 46(i.—Brevla de cnrou. \'i-its of course. Formal writs issuing as of

The plural of

151

{{anchor+|.|BRIBE

coursr-.—-Brevia, formats. Certain writs of npproi-vd and established form which were gi-an_ted_ of course in actions to which they were B|)|lll("‘il)l9, and which could not be changed but h_v consent of the great council of the ri-aim. Bract. fol. -1‘l?.li.—Brev'ia judicialia. J udi(-ini '_ Auxiliary writs issued from the court g the progness of an action, or in aid of the j_nligment.—Brevia ningistralia. Writs occasionally issued by the 1n.astcr.s or clerks of chancery, the form of which was varied to suit the ('l1‘('l.l[|IiSIalJCeS of each iase. Bract. fol. 4131: —Brevia selecta. Choice or selected writs or processes. Often ahbrcviated to Brev. Sci.-—-B1-evia testatsi. The name of the short mozmoinnrla early used to show grants of lands gut (at which the deeds now in use have grown. aco .

Brevia. tam originalin qnaan Judicin.lia.. patiuntnr Anglica nomina. 10 Coire. 132. Writs, as neli original as judicial, bear English names.

{{anchor+|.|BREVIARIUM ALARICIANUM. A compilation of Roman law made by order or Aiaric IL, king of the Visigoths, in Spain, and puhiished for the use of his Roman sub- jects in the year 506.

{{anchor+|.|BREVIARIUM AN IAN I. Another name for the Brev.-iriuin Alaricianum. (q. 0:.) Anian was the referender_v or chancellor of Alziric. and was rnmninnded by the latter to authenticate, by his signature, the copies of the breiiary sent to the comites. Mackeitl. Ruin. Law, § (33.

{{anchor+|.|BR]-JVIATE. A brief: brief statement. epitome, or abstract. A short statement of contents, accompanying a hill in parliament. Holtlionse.

{{anchor+|.|BREVIBUS ET ROTULIS LIB]-IRAN- DIS. A writ or mandate to a sheriff to dc.» iixer to his successor the county, and appurtenances, with the rolls, briefs, rememiii-ance, and all other things belonging to his office. Reg. Orig. 295.

{{anchor+|.|BREWER. One who manufactures ferrncnted liquors of any name or description. for sale, from mait, wholly or in part, or from any suhstitute therefor. Act July 13, 1861}. § 9. (14 St, at Large, 117.) U. S. v. Dooley, 25 Fed. Cas. 890; U. S. v. Wittig, 28 Fed. C35. 745.

{{anchor+|.|BRIBE. Any valuahie tlhhig given or promised, or any preferment, advantage, privilege, or eniolument, given or promised corruptly and against the law, as an inducement to any person acting in an official or public capacity to violate or forbear from his duty, or to improperly influence his hehavior in the performance of such duty.

The term “brihe" signifies any nioiic_v, goods, right in action, property, thing of vai- ne, or advantage, present or prospective, or any promise or undertaking to give any, asked. izivcn, or accepted, with a corrupt in-

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tent to influence unlawfully the person to M