Page:Black's Law Dictionary (Second Edition).djvu/161

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BRIEF

menu and authorities upon which he rests his contention.

A brief, within a rule of court requiring coun- Iel to furnish briefs. before argument, implies some kind of statement of the case for the information of the court. Gardner v. Stover, 43 Ind. 356.

In Scotch law. Brief is used in the sense of "writ," and this seems to be the sense In which the word is used in very many of the ancient writers.

In ecclesiastical law. sailed with \v-ix.

A papal rescript See BULL.

—B1¢'ei’ a 1'1-avesqne.‘ A writ to the bishop vnbirh. in wars impedot. shall go to remove an uu-umbv.-nt. unless he recover or he presented nsndcnte lite. 1 Keb. 3S6.—Brief of title. In practice. A merhotlical epitome of all the pnleuts. conveyances, iucumbrances. liens, court prrwcetlivigs, and other matters affecting the Liiiv to a certain portion of real est.ite.—Brief out of the chancery. Ln. Scotch law. A writ issued in the name of the sovereign iii the l‘il‘l,‘tl0l] of tutors to minors, the cognoscing of iuuntics or of idiots, and the ascertaining the Iuriow‘s tvrce: and sometimes in dividing the pntcriy belonging to heirs-portioners In these cases only bI'IeV(“S are now in use. Bell.—Br-iel pupal. In ecclesiastical law. The pope’: let- ler upon matters of discipline.

{{anchor+|.|BRIEVE. In Scotch law. Kiunes, E11. 146.

Awrit. 1

{{anchor+|.|BRIGA. In old European law. contention. litigation. controversy.

Strife,

{{anchor+|.|BRIGANDIITE. A coat of mail or acnient armour, consisting of numerous jointed smielike plates. very pliant and easy for the body, mentioned iu 4 an 5 P. 8: M. c. 2.

{{anchor+|.|BRIGBOTE. In Saxon and old English law. A tribute or contribution towards the repairing of bridges.

{{anchor+|.|BRING SUIT. To "bring" an action or suit has :1 settled wetomary meaning at law, and refers to the initatiou of legal proceedings In a suit. A suit is "brought" at the time it Is commenced. Hames v. Judd (Com. Pl.) 9 N. Y. Supp. 743; Bowie v. Phelps, 20 Fed. Cos. 321: Goldenberg v. Murphy, 108 U. S. 162. 2 Sup. CL 388, Z L. Ed 686: Buecker v Carr, 60 N. J. Eq. 300, 47 Atl. 34.

{{anchor+|.|BRINGl'NG- MONEY INTO COURT. The act of depositing money in the custody of a court or or its clerk or marshal, for the purpose of satisfying a debt or duty, or to

innit the result of an interpleacier. Dirks V. Juel. 59 Neb. 353, 80 N. IV. 1045. 1311.15. In French maritime law. Liter-

Ill_r. breaking; wreck. naufrage, (I). 1:)

Distinguished trom

{{anchor+|.|BRISTOL BARGAIN. In English law. A contract by which A. lends B. £1,000 on pun auurity and it is agreed that £500. together with interest, shall be paid at a time

153

{{anchor+|.|BROKER

stated; and, as to the other £500, that B.. in consideration thereof, shall pay to A. £100 per urmum for seven years. Wharton.

{{anchor+|.|BRITISH COLUMBIA. The territory on the north-west coast of North America, once known by the designation of “New Cal- edonia." Its government is provided for by 21 & 22 Vict. c. 99. Vancouver Island is united to it by the 29 5: 30 Vict. C. 67. See 33 an 34 Vlct. c. 66.

BROCAGE. The wages, commission. or pny of a broker, (also called “brokerage. ') Also the avocation or business of a broker.

{{anchor+|.|BROCARD. In old English law. A legal maxim. "Brocardica Juris," the title of a small book of legal maxims, published at Paris. 1508.

{{anchor+|.|BROCARIUS, BROCATOR. In old English and Scotch law. A broker; a n1id(lleman between buyer and seller; the agent of both transacting parties. Bell; Cowell.

{{anchor+|.|BROGEIJLA. In old English law. A wood, a thicket or covert of bushes and brushwood. Cowell; Blount.

BROKEN STOWAGE. In maritime law. That space in a ship which is not filled by her cargo.

{{anchor+|.|BROKER. An agent employed to make bargains and contracts between other persons, In matters of trade. commerce, or navigation, for a compensation commonly culied “brokerage." Story. Ag. § 28.

Those who are engaged for others in the negotiation of contracts relative to property, with the custody of which they have no cocnern. Paley, I-'rin, an Ag. 18.

The broker or intermediary is he who is eniployed to negotiate a mutter between two parties, and who, for that reason. is considered ns the mandatory of both. Civil Code La. art. 3016.

One whose business is to negotiate pur- chases or sales of stocks, exchange, bulilnu, coined money, hank-notes, promissory notes, or other securities, for himself or for others. Ordinarily, the term “broker" is applied to one acting for others: but the part of the definition which speaks of purchases and sales for himself is equally important as that which speaks of sales and purchases for others. Warren v. shock. 91 U. S. 710. 23 [L Ed. 421.

A broker is a mere negotiator between other parties, and does not act in his own name, but in the name of those who employ him. Henderson v. State 50 Ind 234

Brokers are persons whose business it is to bring Iiuyer and seller together; they need have nothing to do with negotiating the bargain. Keys v. Johnson, 68 Pa. 42

The difference between a factor or commission merchant and a broker is this: A factor

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