A New Law Dictionary and Glossary

Lat. And have you then there this writ. A clause in old writs expressive of the command to return them. Reg. Jud. 1. Towns. PI. 166. Litera Uy translated in the modem forms. ET HOC

(plur. of Breve.) L. Lat. Writs. Dicuntur brevia propter eorum brevitatem; they are called writs on account of their brevity. 3 Co. 44. See Breve. Brevia adversaria; adversary writ

or

Lat. (The breviary, or abridgment of Alaric, or of Anian.) A code of law compiled by order of Alaric II., king of the Visigoths, for the use of the Romans living in his empire, pub

In English law. An abstract, or epitome. Holthouse, A short extract, or copy of a paper or writing. Hob, 114.

In practice. An abridgment of a plaintiff's or defendant's case, prepared by his attorney, for the instruction of counsel on a trial at law. It generally consists of an abstract of

Briefe, Brieffe, Briefve, Bref. L. Fr. A writ. Briefe de droit; a writ of right. Co. Litt, 168 b.

[from Lat. breve, q. v.] In Scotch law. A writ. 1 Kames' Equity, 146. 1 Forbes' Inst. part 4, b. 2, c. 1, tit. 2, § 1.

Lat. [Fr. brigue.] In old European law. Strife, contention, litigation, controversy. In brigam ponere terras; to put or bring lands into controversy. Spelman. Cowell. Blount. Brigb

The author of a treatise on the law of England, in Law French, supposed to have been written or published under the direction of Edward I. Lord Coke makes him to be the same person

Brohage, \L. Lat. hrocagium, abrocagiutn.] In old English law. The wages or hire, compensation or commission of a broker. CotoelL Blount. In the Stat, of Jac. I. c. 21, it is writt

Broccarius. L. Lat. In old Scotch law. A broker, negotiator, mediator, or middle man. Skene de Verb. Signif Cowell. Blount.

Lat. In old English law. A broker. Blount, voc. Broker. See Brocarius.

Lat. [from Fr. broehe, q. v.] A word used by Bracton in describing the equipment of a horseman intended for military service, which Spelman supposes to have meant a large vessel fo

[L. Fr. ftro^^ottr.] A broker; so called in old English statutes. Stat. 10 Ric. II. c. 1. Adjudflred to be a good addition in law. H. 9 Sen, VI. 66, cited Thel Dig. lib. 6, c. 16.

(anciently BROGGER.) [L. Lat. broccator, abrocator, brocarius, and sometimes auctionarius, and correctarius; Lat. proxeneta.] One who makes a bargain for another, and receives a co

Bruyrium. L. Lat. [from Fr. bruyere, a heath.] In old English law. A heath ground; ground where heath grows. Spelman. Bruera; a heath, or heathy ground. Bract. fol. 231. Reg. Orig.

Brogillus. L. Lat. [Fr. breil, breuil.] In old English law. A wood or grove; a thicket or clump of trees in a park or forest. Cowell. Whishaw. Bruilletus, (dimin. of bruillus); a s

Fr. In old English law. A breaker. Dehryjs&owx^de la prison le roy; of breakers of the king's prison. Britt. c. 29. Brusure; a breaking. Brusure de pountz; breaking of bridges. Bri

[from estop; L. Lai. oppilare.] An impeiiiinent, or bar by which a roan is precluded in law from alle^g or denying a fact, in consequence of his own previous act, allegation or den

Lat. [Gr. boubalos, boulla.] A seal used by the Roman emperors, during the lower empire; and which was of four kinds, gold, silver, wax and lead. These are described by Spelman in

Lat. [L. Fr. boilhurie.] In old English law. A bullary, or boilary; a place for boiling. Bullaria aquae salsae; a boilary of salt water; a salt house or salt pit, where salt is boi

Banda, Bonna. L. Lat. [L. Fr. bunde; from Sax. bunna, an elevated object; Gr. ^ovyog, a hill, or hillock; or from Sax. ban.] In old English law. A bound, boundaiy, border or limit,

A dwelling-house in a borough town, anciently so called. Blount.

[L. Lat. hurgagium; L. Fr. bourgage, from Sax. burg, L. Lat. burgu Sy a borough.] In English law. A tenure by which houses, or lands which were formerly the site of houses, in anci

Burgenses. L. Lat. JTfrom burgus t a borough; Sax. burgkwam.\ In old English law. Burghers or burgesses; inhabitants of a burgus, borough, or walled town. Spelman, voc. Burgarii.

Lat. [from burgus, a borough, a town, or enclosed place.] In old criminal law. A burglar or housebreaker; one who broke into and robbed a burg, or enclosed place. Spelman, voc. Bur

Sax. [from burg, a castle, or town, and bote, reparation.] In old Engglish law. A tribute or contribution (auxilium,) towards the repairing of castles or walls of defence, or of a

Lat. In Saxon law. A burg mote, or burgh mote. Spelman. See Burghmote.

See Burgarii.

Sax. A word used m Domesday, supposed to signify a breach of the peace in a town; although Spelman speaks doubtingly of its meaning. CowelL Spelman, Mr. Somner thinks it should be

[L. Lat. burgarius, burgensis."] In English law. An inhabitant or freeman of a borough or town; a person duly and legally admitted a member of a municipal corporation. Spelman, voc

Burgessours. L. Fr. Burglars are so called by Britton, cc. 10, 29.

Burghbrich, Borghhrech, [Sax. borhbryce, borhbrece; from borh^ a pledge or surety, and bryce, a breach or violation.] In Saxon law. Breach of pledge, (jidejussionis viola tio, pleg

See Borough English,

Burgmote, Burgemote. Sax. [L. Lat. burgemotus, burgesmotus, burgimotus; from burg, a burgh, and mote or gemote, a meeting.] In Saxon law. The court or meeting of a burgh or borough

[L. Lat. burglator, burgator, quasi burgi latro, the robber of a burg, or fenced place.] In criminal law. A nocturnal housebreaker; one who by night breaks and enters into a mansio

In criminal pleading. A word held essential in indictments for burglary, as the corresponding Latin word burglariter formerly was. Wharton's Am. Crim. Law, 101. See Burglariter, In

Lat. (Burglariously.) In old criminal pleading. A necessary word in indictments for burglary. 4 Bl, Com, 307. Held to be a word of ajft {vox artis,) which could not be expressed by

[L. Lat. burglaria, burgi latrocinium; Fr. burg laran; Sax. husbree,'\ In English criminal law^ The crime of breaking and entering into a dwelling house, or a buuding immediately c

Lat. In old English law. A burglar. Bract, fol. 1 1 6 b, 1 1 7.

See Lex Burgundionum.

Lat. [Sax. burg, burh, burch, berg, beorg, birg, byryg, burug; from Gr. n^i^yog, a tower.] In old European law. A fortified or enclosed place or dwelling, {locv^ munitus, hxibitacu

plur. Burghwam, Sax. [from burg, and war, a man.] In Saxon law. An inhabitant of a burgh, or borough, {burgi vir); a burgess or burgher; {burgensis, burgarius.) Williem, King, grei

Birlaws, Bgrlaws. In Scotch law. Laws made by neighbors elected by common consent in the birlaw courts. Skene de Verb. Signif. Laws made by husbandmen, &c., concerning neighborhood

In old criminal law and practice. The punishment of burning with a hot iron on the brawn of the left thumb, formerly inflicted upon lay ofifenders who were allowed the benefit of <

Burrowmeals, {Borough mailles.) In Scotch law. Ilents paid to the king by the burgesses, {burgenses) or inhabitants of a borough, or burrow, and which went to the king's private tr

Lat. A purse. Spelman, Bract, fol. 84.

Lat. In old English law. Hedge wood. Reg. Grig. 105. Underwood, billet or brushwood. Blount. See Boscus.

Butsecarl, Buzecarl. Sax. Sfrom bussa, a ship, and carl, an attendant.] n Saxon and old English law. Seamen or marines, {milites nautici.) Spelman. Domesday, Titt. Wiltsc. Wilton.

Bu^sellus, Bussellum. L. Lat. A bushel. See Bussellus.

[L. Fr. bussel; L. Lat. busellus, bussellus.] A measure of capacity containing eight gallons. The Winchester bushel, which was the standard measure used in England from the time of

Lat. A word occurring in the following passage of Bracton: Justiciarii, vocatis ad se quatuor, vel sex, vel pluribus de majoribus comitatus, qui dicuntur busones comitatus, &c. Bra

Bu^cia. L.Lat. In old English law. A ship of large size and clumsy construction, {panda alvo et obtusa prora). Spelman. The word buss is now used to denote a small vessel employed

Fr. A bushel. Bussels et demy bussels. Britt. c. 30.

Lat. [contracted from butticellus, butticella, dim. of butta, q. v.] In old English law. A bushel. Standardum busselli, galonae et ulnae sigillo domini Regis ferreo signentur; the

In old Endish law. A very ancient hereditary duty belonging to the crown, at first called prisage, (q. v.) being the right of taking two tuns of wine from every ship importing into

In old English law. A measure of wine, containing at least 126 gallons. Statl Bic.llI.c.lS. Cowell. See Butta. A measure of land. See Buttum.

[contracted from abuttals, q. v.] In old conveyancing. The boundary lines of lands on the ends, as distinguished from those on the sides, which were called sidings. Buttals and sid

A phrase sometimes used in conveyancing, to denote the boundaries of lands. See Butts and bounds.

[L. Lat. butta, from Fr. bouts, ends.] In old English law. Short pieces of land left unploughed at the ends of fields, where the plough was turned about, (otherwise callea headland

A phrase sometimes used in conveyancing, where a particular piece of land is described by enumerating the several lands or parcels which adjoin it, (or upon which it abuts) on the

Lat. A butt or measure of land; {buttum terras.) Carta M. de Sibbeford, cited in Blount.

In English law. The chief men of a town, representing the mhabitants. See 6 Ad. d Ml. N. S. 60.

[L. Lat. bilagines, bellagines, from by, a town.] Originally, the local laws of towns, or municipal corporations, as distinguished from the general laws of the land. See Bilagines.

[Lat. obiter.] In practice. Incidentally. A term formerly applied in English practice to a peculiar mode of declaring, as distinguished from declaring in chief. A declaration in ch

In Spanish law. A portion of spoils taken or lands conquered in a war, granted to a horse soldier. Dict. Span. Acad. 12 Peters' R. 444, note. An allotment of land, being a lot of o

[L. Lat. cablicium, cablida; Fr. cables, cablis.'] In the forest law. Brush wood, or browse wood. Crompt. Jur. 163, 263. According to Spelman, wind-fallen wood, {caduca ligna venti

In Spanish law. An official statement of the quantity and value of real property in any district, made for the purpose of justly apportioning the taxes payable on such property. 12

Lat. In old practice. To fall, fail, cease, or come to an end; to abate. Cadit actio; the action fails, or abates. Bract, fol. 308, 308 b. Cadit appellum. /(i. 140 b, 141. Cadit as

See Cadere,

Lat. [from cadere, to fall.] In the civil law. Escheats, or escheated lands. Co, Litt, 13 a. Those that /a// to the state. See Escheat.

[from caducus, q. v.] Relating to escheat, forfeiture or confiscation. 2 Bl, Com, 245.

Caduca, L. Lat. [from cadere, to fall.] In the civil and old common law. Falling, fallen. Caducus mot' bus; the falling sickness. Cowell. Caduca ligna; fallen wood. Spelman, voc. C

Calangia, L. Lat. [from Fr. calanger.] In old English law. A challenge; a claim or dispute. 2 Afon, Angl, 252. Cowell, Blount, Spelman, voc. Calumnia,

Gr. A ship's carpenter, or shipwright. Molloy De Jur, Mar, 243.

Lat. Spurs. Bract. fol. 35.

Calcetum, L. Lat. [Fr. chaussee.] In old law. A causeway, or causey; a path or road raised with earth and paved; (agger, via strata.) Spelman, Cowell, voc. Calcea.

Lat. A causeway. Beg. Grig, 154. See Calceata,

Lat. An oven for burning lime, {fumus ad coquendam calcem;) a lime kiln. Spelman.

Lat, In old law. A right to take fuel yearly. CowelL Whishaw,

Calendar. [L. Lat. calendarium, from calendcB, q. v.] The established division of time into years, months, weeks and days. A table or register of such divisions. Encyclop. Americ.

Lat. A calendar. See Calendar, CALENDAR (or Solar) MONTH. A month computed according to the calendar, and containing thirty or thirty-one days, except February, which contains twen

In practice. A list of litigated causes, prepared by the clerks of courts of record, a short time previous to the commencement of each term, containing the title of each cause, the

In English practice. A list kept by the sheriffs containing the names of all the prisoners in their custody, with the several judgments against each in the margin. Staundf. PI. Cor

Kalenda. Lat. [from O. Lat. calo, Gr. xalita, to call.] Calends. See Calends.

[Lat. calendae.] The first day of the month in the Roman calendar; so termed from the custom of a priest calling out, or proclaiming to the people on that day, the month with the f

In American land law. The requirement of a natural object, as a tree or stream, to correspond with a description or map 'in a survey, patent or grant of land; the designation of a

In practice. A formality practised in courts, on the trial of a cause before a jury, as preliminary to nonsuiting the plaintiff. It is usual in English practice, for a plaintiff, w

In English practice. Conferring the dignity or degree of barrister at law upon a member of ^ne of the Inns of court. Holthouse.

Calumpnia. L. Lat. In old English law and practice. A claim, or demand; (vindicatio, L. Lat. clameus.) Spelman. The demand of a right in anything; (juris in re aliqua postulatio.)

Lat. In the civil law. Calumny, malice, or ill design; a false accusation, a malicious prosecution. Inst. 4. 16.1. Cooper's notes. Calumnies jusjurandum; the oath of calumny. An oa

Calumpniare. L. Lat. In old English law and practice. To claim or demand, {vindicare, clamare.) Spelman. To object to. Calumniata, calumpniata; objected to. Bract, fol. 257. 334. T

Lat. In the civil law. To calumniate, or maliciously injure; to accuse falsely. Inst. 4. 16. 1. See Calumnia. CALUMPNIOSUa L. Lat. In old practice. That may be challenged or object

Cambipartito. L. Lat. [from campus, a field, and partiri, to divide.] In old English law. Champerty. Co. Litt. 368 b. Spelman, voc. Campiparticeps. See Champerty, Campers.

Carnbipartitor. L. Lat. (See Cambipartia.) A champertor; one who promotes, undertakes or maintains another s suit, in order to obtain a stipulated share of the land or other thing

Lat. To change or exchange. Cambire denarios. Ryl. Pari. 627. Towns. PI. 58.

Lat. [from cambium, q. v.] Of, or relating to exchange. Liter€S cambitoria; a bill of exchange. Towns. PI. 58.

JSscambium. L.Lat. [Ital. cambio.^ In old European law. Change or exchange; {permutatio.) Molloy l)e Jur. Mar. 309, 313. Toions. PI. 68. See JSscambium, Ckambium. A bill of exchang

Lat. [Lat. camera, a vault, or arched roof; an upper gallerj'.] In old European law. A chamber; an apartment in a dwelling house. Facio tibi aulam, ut tu facials mihi cameram; I ma