Breve Testatum

A written memorandum introduced to perpetuate the tenor of the conveyance and investiture of lands. 2 BI. Comm. 307. It was prepared after the transaction, and depended for its validity upon the testimony of witnesses, as it was not sealed. Spelman. In Scotch Law. A similar memorandum made out at the time of the transfer, attested by the pares curiae, and by the seal of the superior. Bell, Diet.

A written memorandum introduced to perpetuate the tenor of the conveyance and investiture of lands. 2 Bla. Com. 307. It was prepared after the transaction, and depended for its validity upon the testimony of witnesses, as it was not sealed. Spelman, Gloss. In Scotch Law. A similar memorandum made out at the time of the transfer, attested by the pares curice and by the seal of granted by government to authorize an individual to do something for his own benefit. Brevet d' 'invention. A patent. In American Law. A commission conferring on a military officer a degree of rank specified in the commission, without, however, conveying a right to receive corresponding pay. See U. S. v. Hunt, 14 Wall. (U. S.) 552, 20 L. Ed. 739. BR E VI A (Lat). Writs. The plural of breve, which see. BREVIA ANTICIPANTIA (Lat). Writs of prevention. See Quia Timet. BREVIA DE CURSU (Lat). Writs of course. See Beevia Fobmata. BREVIA FORMATA (Lat). Certain writs 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 council of the realm. Bracton 413 b. All original writs, without which an action could not anciently be commenced, issued from the chancery. Many of these were of ancient and established form, and could not be altered; others admitted of variation by the clerks according to the circumstances of the case. In obtaining a writ, a praecipe was issued by the party demandant, directed to the proper officer in chancery, stating the substance of his claim. If a writ already in existence and enrolled upon the Register was found exactly adapted to the case, it issued as of course (de cursu), being copied out by the junior clerks, called cursitors. If none was found, a new writ was prepared by the chancellor and subjected to the decision of the grand council, their assent being presumed in some cases if no objection was made. In 1250 it was provided that no new writs should issue except by direct command of the king or the council. The clerks, however, it is supposed, still exercised the liberty of adapting the old forms to cases new only in the instance, the council, and its successor (in this respect, at least), parliament, possessing the power to make writs new in principle. The strictness with which the common-law courts, to which the writs were returnable, adhered to the ancient form, gave occasion for the passage of the Stat. Westm. 2, c. 24, providing for the formation of new writs. Those writs which were contained in the Register are generally considered as pre-eminently brevia formata. BREVIA JUDICIALIA (Lat). Judicial writs. Subsidiary writs issued from the court during the progress of an action, or in execution of the judgment They were said to vary according to the variety of the pleadings and responses of the parties to the action; Bract. 413b; Fleta, lib. 2, c. 13, § 3; Co. Litt. 54 t, 73 6. The various forms, however, became long since fixed beyond the power of the courts to alter them; Barnet v. Ihrie, 1 Rawle (Pa.) 52. Some of these judicial writs, especially that of capias, by a fiction of the issue of an original writ, came to supersede original writs entirely, or nearly so. See Original Writ.

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 transfer, attested by the pares curve and by the seal of the superior. Bell. Defined under Breve in Black's Law Dictionary.

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 transfer, attested by the pares curiw and by the seal of the superior. Bell.