Black's Law Dictionary

In a general sense, any violation or omission of a legal or moral duty. More particularly, the neglect or failure to fulfill in a just and proper manner the duties of an office or

See Breach.

The breaking any pound or place where cattle or goods distrained are deposited, in order to take them back. 3 Bl. Comm. 146.

The offense of actually and forcibly breaking a prison or gaol, with intent to escape. 4 Chit. Bl. 130, notes; 4 Steph. Comm. 255. The escape from custody of a person lawfully arre

An act or default in violation of the privilege of either house of parliament, of congress, or of a state legislature.

Violation of a promise : chiefly used as an elliptical expression for "breach of promise of marriage."

A violation of the public tranquillity and order. The offense of breaking or disturbing the public peace by any riotous, forcible, or unlawful proceeding. 4 Bl. Comm. 142, et seq.;

Any act done by a trustee contrary to the terms of his trust, or in excess of his authority and to the detriment of the trust; or the wrongful omission by a trustee of any act requ

In real property law and the law of insurance. The failure or falsehood of an affirmative promise or statement, or the nonperformance of an executory stipulation. Hendricks v. Insu

Laws providing for the sustenance of persons kept in prison for debt.

Forcibly separating, parting, disintegrating or piercing any solid substance. In the law as to housebreaking and burglary, it means the tearing away or removal of any part of a hou

The expression by the judges of a court, to one another, of their views of a case, in order to ascertain 'how far they are agreed, and as preliminary to the formal delivery of thei

The offense committed by a bailee (particularly a carrier) in opening or unpacking the chest, parcel, or case containing goods intrusted to his care, and removing the goods and con

Forcibly removing the fastenings of a house, so that a person may enter.

The act of a prisoner in effecting his escape from a place of lawful confinement. Escape, while denoting the offense of the prisoner in unlawfully leaving the jail, may also connot

A metaphorical expression, signifying the conscience, discretion or recollection of the judge. During the term of a court, the record is said to remain "in the breast of the judges

In medical jurisprudence. The air expelled from the lungs' at each expiration.

In Saxon and old English law. A fine, penalty or amercement imposed for defaults in the assise of bread. Cowell.

In old Irish law. A judge. 1 Bl. Comin. 100. Brehons, (breitheamhuin,) judges.

The name given to the ancient system of law of Ireland as it existed at the time of its conquest by Henry II.; and derived from the title of the judges, who were denominated "Breho

A payment in bran, which tenants anciently made to feed their lords' hounds.

In the civil law. Persons appointed to take care of houses destined to receive foundlings.

This word, in a will, may include sisters, as well as brothers, of the person indicated; it is not necessarily limited to the masculine gender. Terry v. Brunson, 1 Rich. Eq. (S. C.

In Saxon law. The ruler of the Saxon heptarchy.

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 attached to answer an action, complaint, etc., or

A writ of right, or license for a person ejected out of an estate, to sue for the possession of it.

A writ making only a general complaint, without the details or particulars of the cause of action.

A writ is so called because it briefly states, in few words, the matter in dispute, and the object of the party seeking relief. 2 Inst. 39.

Jenk. Cent 292. A judicial writ ought to follow its original, and an accessory Its principal.

Jenk. Cent. 43. A judicial writ fails not through defect of form.

A named writ. A writ stating the circumstances or details of the cause of action, with the time, place, and demand, very particularly.

An original writ; a writ which gave origin and commencement to a suit.

To purchase a writ or license of trial in the king's courts by the plaintiff.

In military law. A commission by which an officer is promoted to the next higher rank, but without conferring a right to a corresponding increase of Pay. In French law. A privilege

A written memorandum introduced to perpetuate the tenor of the conveyance and investiture of lands. 2 Bl. Comm. 307. In Scotch law. A similar memorandum made out at the time of the

Lat Writs. The plural of breve, which see. —Brevia adversaria. Adversary writs; writs brought by an adversary to recover land. 6 Coke, 67. —Brevia amicabilia. Amicable or friendly

Adversary writs; writs brought by an adversary to recover land. 6 Coke, 67.

Amicable or friendly write ; writs brought by agreement or consent of the parties.

At common law. Anticipating or preventive writs. Six were included in this category, viz.: Writ of mesne; toarrantia chartœ; monstraverunt; audita querela; curia claudenda; and ne

Writs of course. Formal writs issuing as of course.

Certain write of approved and established form which were granted of course in actions to which they were applicable, and which could not be changed but by consent of the great cou

Judicial writs. Auxiliary writs issued from the court during the progress of an action, or in aid of the judgment.

Writs occasionally issued by the masters or clerks of chancery, the form of which was varied to suit the circumstances of each case. Bract fol. 413b.

A compilation of Roman law made by order of Alaric II., king of the Visigoths, In Spain, and published for the use of his Roman subjects in the year 506.

Another name for the Brevarium Alaricianum, (q. v.) Anian was the referendery or chancellor of Alarie, and was commanded by the latter to authenticate, by his signature, the copies

Choice or selected writs or processes. Often abbreviated to Brev. Sel.

10 Coke, 132. Writs, as well original as judicial, bear English names.

A brief; brief statement, epitome or abstract. A short statement of contents, accompanying a bill in parliament. Holthouse.

The name of the short memoranda early used to show granis of lands out of which the deeds now in use have grown. Jacob.

A writ or mandate to a sheriff to deliver to his successor the county, and ap-purtenancos, with the rolls, briefs, remembrance, and all other things belonging to his office. Reg. O

One who manufactures fermented liquors of any name or description, for sale, from malt, wholly or in part or from any substitute therefor. Act July 13, 1866, § 9, (14 St. at Large,

Any valuable thing given or promised or any preferment, advantage, privilege or emolument, given or promised corruptly and against the law, as an inducement to any person acting in

In criminal law. The receiving or offering any undue reward by or to any person whomsoever, whose ordinary profession or business relates to the administration of public justice, i

The offense committed by one who gives or promises or offers money or any valuable inducement to an elector, in order to corruptly induce the latter to vote in a particular way or

One that pllfers other men's goods; a thief.

An engine by which walls were beaten down. Blount

In England. A house of correction.

A structure erected over a river, creek, stream, ditch, ravine or other place, to facilitate the passage thereof; including by the term both arches and abutments. Bridge Co. v. Rai

Persons chosen by the citizens, to have the care and supervision of bridges, and having certain fees and profits belonging to their office, as lu the case of London Bridge.

In the location of a private way laid out by the selectmen, and accepted by the town, a description of it as a "bridle road" does not confine the right of way to a particular class

In general. A written document; a letter; a writing lu the form of a letter. A summary, abstract or epitome. A condensed statement of some larger document or of a series of papers,

A writ to the bishop which, in quare impedit, shall go to remove an incumbent, unless he recover or be presented Pendente lite. 1 Keb. 386.

In practice. A methodical epitome of all the patents, conveyances, incumbrances, liens, court proceedings, and other matters affecting the title to a certain portion of real estate

In Scotch law. A writ issued in the name of the sovereign in the election of tutors to minore, the cognoscing of lunatics or of idiots, and the ascertaining the widow's terce; ands

In ecolesiastical law. The pope's letter upon matters of discipline.

In Scotch law. A writ 1 Karnes, Eq. 146.

In old European law. Strife, contention, litigation, controversy.

A coat of mail or ancient armour, consisting of numerous jointed scale-like plates, very pliant and easy for the body, mentioned in 4 & 5 P. & M. c. 2.

In Saxon and old English law. A tribute or contribution towards the' repairing of bridges.

The act of depositing money in the custody of a court or of its clerk or marshal, for the purpose of satisfying a debt or duty, or to await the result of an interpleader. Dirks v.

To "bring" an action or suit has a settled customary meaning at law, and refers to the initation of legal proceedings in a suit. A suit is "brought" at the time it is commenced. Ha

In French maritime law. Literally, breaking; wreck. Distinguished from naufrage, (q. v.)

In English law. A contract by which A. lends B. £1,000 on good security, and it is agreed that £500, together with interest, shall be paid at a time stated; and, as to the other £5

The territory on the north-west coast of North America, once known by the designation of "New Caledonia." Its government is provided for by 21 & 22 Viet. c. 99. Vancouver Island is

The wages, commission or pay of a broker, (also called "brokerage.") Also the avocation or business of a broker.

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

In old English and Scotch law. A broker; a middleman between buyer and seller; the agent of both transacting parties. Bell; Cowell.

In old English law. A wood, a thicket or covert of bushes and brushwood. Cowell; Blount.

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

An agent employed to make bargains and contracts between other persons, in matters of trade, commerce or navigation, for a compensation commonly called "brokerage." Story, Ag. § 28

The wages or commissions of a broker; also, his business or occupation.

Bruised or injured with blows, wounds or other casualty. Cowell.

A bawdy-house; a house of ill fame; a common habitation of prostitutes.

One person is a brother "of the whole blood" to another, the former being a male, when both are born from the same father and mother. He is a brother "of the half blood" to that ot

A wife's brother or a sister's husband. There is not any relationship, but only affinity, between brothers-in-law. Farmers' I & T. Co. v. Iowa Water Co.. (C. C.) 80 Fed. 469. See S

In old English law. A heath ground; ground where heath grows. Spelman.

See Brigbote.

In old English law. A wood or grove; a thicket or clump of trees in a park or forest Cowell.

In medical jurisprudence. A contusion; an injury upon the flesh of a person with a blunt or heavy instrument, without solution of continuity or without breaking the skin. Shadock v

In old Swedish law. The child of a woman conceiving after a rape, which was made legitimate. Literally, the child of a struggle. Burrill.

An empty noise; an empty threat

Bancus Superior, that is, upper bench.

Benefit of division ; right of contribution as between co-sureties.

An extravagant or unsubstantial project for extensive operations in business or commerce, generally founded on a fictitious or exaggerated prospectus, to ensnare unwary investors.

The statute 6 Geo. I. c. 18, "fur restraining several extravagant and unwarrantable practices herein mentioned," was so called. It prescribed penalties for the formation of compani

An office or placo (other than a regniarly Incorporated or licensed -exchange) where information is posted as to the fluctuating prices of stocks, grain, cotton, or other commoditi

A toll, net or snare, to take deer. 4 Inst 306.

A name given in England to the statement annually presented to parliament by the chancellor of the exchequer, containing the estimates of the national revenue and expenditure.

A carnal copulation against nature; and this is either by the confusion of species,—that is to say, a man or a woman with a brute beast,—or of sexes, as a man with a man or man unn

A structure or edifice erected by the hand of man, composed of natural materials, as stone or wood, and intended for use or convenience. Truesdell v. Gray, 13 Gray (Mass.) 311; Sta