The Cyclopedic Law Dictionary

QUIA REM DE qua agitur, et intentionem petentis, paucis verbis brevlter enarrat. A writ is so called because it briefly states, in few words, the matter in dispute, and the object

A writ containing a statement of the circumstances of the action.

An original writ.

To purchase a writ or license of trial, in the king's courts, by the plaintiff, qui breve perquisivit; whence the usage of paying 6s. 8d fine to the crown where the debt is £40, an

In French Law. A warrant granted by government to authorize an individual to do something for his own benefit. Brevet d'invention. A patent. In American Law. A commission conferrin

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 val

TAM ORIGINALIA GUAM JUdicialla, patluntur Anglica nomina. Writs, as well original as judicial, bear English names. 10 Coke, 132.

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

Anticipating ■writs; writs of prevention. See Termes de la Ley.

Formal writs issning as of course. See "Brevia Formata." BREVIA FORMATA (Lat.) Certain writs of approved and established form which Were granted of course in actions to which they

See "Breve Innominatum." BREVIA JUDICIALIA (Lat.) Judicial Writs. Subsidiary writs issued from the court during the progress of an action, or in execution of the judgment.

Writs framed and issued by masters in chancery, ijot following any established form; but varying in accordance with the peculiarities of the particular case. Bracton, 413b.

Choice or selected writs or processes. Often abbreviated to brev. sel.

An abstract or epitome of a writing. Holthouse.

See "Breve Testatum." BREVIARIUM ALARICIANUM (or ANIAn!) (Lat.) A code of law compiled by order of Alaric II., king of the Visigoths, for the use of the Romans, living in his empir

A writ or mandate directed to a sheriff, commanding him to deliver to his successor the county and the appurtenances, with all the briefs, rolls, remembrances, and other things bel

At common 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, in

One that pilfers other men's goods; a thief. See St. 28 Edw. II. c. 1.

An engine by which walls were beaten down. Blount.

A house of correction in England.

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. 3 Har. (N. J.)

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

PAPAL. The pope's letter upon matters of discipline. BRIEVE (from breve, q. v.) In Scotch law. A writ. 1 Karnes, Eq. 146; 1 Forbes, Inst. pt. 4 bk. 2, c. 1, tit. 2, § 1. BRIGA (Law

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.

Aa abstract of title (g. V.) BRIEF (or BRIEVE) OUT OF THE chancery. A writ issued in Scotland in the name of the sovereign in the election of tutors to minors, the cognoscing of lu

A coat of mail or ancient armor, consisting of numerous jointed scale-like plates, very pliant and easy for the body. BRIGBOTE (Saxon). A contribution to repair a bridge.

The act of depositing money in the hands of the proper officer of the court for the purpose of satisfying a debt or duty, or of an interpleader. See "Payment into Court."

In French maritime law. Literally, breaking; wreck. Distinguished from wmfrage (q. v.) Ord. Mar. liv. 2, tit. 9.

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 £500, that B., in

or BROCATOR. A broker; a middle-man between buyer and seller; the agent of both transacting parties. Used in the old Scotch and English law. Bell, Diet; Cowell.

A thicket, or covert, of bushes and brushwood. "Browse" is said to be derived hence. Cowell.

or BROCAGE. The trade or occupation of a broker; the commissions paid to a broker for his services.

Those who are engaged for others in the negotiation of contracts relative to property, with the custody of which they have no concern. Paley, Ag. 13. See 16 Gray (Mass.) 436; 45 11

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

A bawdy house; a common habitation of prostitutes.

He who is born from the same father and mother with another, or from one of them only. Brothers are of the whole blood when they are born of the same father and mother, and of the

The brother of a wife, or the husband of a sister. There.is no relationship, in the former case, between the husband and the brotherin-law, nor in the latter, between the brother a

See "Brigbote."

A wood or grove; a thicket or clump of trees in a park or forest. Jacob.

In medical jurisprudence. An injury done with violence to the person, without breaking the skin. It is nearly synonymous with "contusion" (q. v.) 1 Chanc. Prac. 38. See 4 Car. & P.

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

An empty noise; an empty threat.

The name given to the several extravagant and unwarrantable practices therein mentioned." See '2 P. Wms. 219.

A toil to take deer. 4 Inst. 306.

Includes both "bestiality," or carnal connection between a human being and a beast, and "sodomy," or carnal connection between human beings against the order of nature. 3 Inst. 58.

An edifice erected by art and fixed upon or over the soil, composed of stone, brick, marble, wood, or other proper substance, connected together, and designed for use in the positi

An organization created for the purpose of accumulating a fund by the monthly subscriptions or savings of its members, to assist them in building or purchasing for themselves dwell

A lease of the soil for the purpose of erecting buildings thereon, usually for a long term. See "Ground Rent."

Merchandise which is neither counted, weighed, nor measured. A sale by bulk is a sale of a quantity of goods such as they are, without measuring, counting, or weighing. Civ. Code L

A letter from the pope of Rome, written on parchment, to which is attached There are three kinds of apostolical rescripts,—the "brief," the "signature," and the "bull," which last

An official account of public transactions on matters of importance. In France, it is the registry of the laws.

The term "bullion" is commonly applied to uncoined gold and silver, in the mass or lump.

A deposit of public money at the mint and its branches. The object of this fund is to enable the mint to make returns of coins to private depositors of bullion without waiting unti

A person employed to dun one for a debt; the bailiff employed to arrest a debtor. Black thinks it a vulgar corruption of "bound-bailiff" (q. v.) Hall says that, from the notion of

BONDA, or BONNA. In old English law. A bound, boundary, border, or limit (terminus, limes). Spelman, voc. "Bannum;" "Bonna." 4 Inst. 318; Bracton, fol. 166b; 2 Crabb, Real Prop. 14

A piece of wood, or an empty barrel, or other thing, moored at a particular place, and floating on the water, to show the place where it is shallow, to mark

The duty of proving the facts in dispute on an issue raised between the parties in a cause. See 16 N. Y. 66; 1 Gray (Mass.) BOO; 6 Wheat. (U. S.) 481. Burden of proof is to be dist

The word "bureau," as applied to a division of an administrative department, implies not only a division where business is to be conducted under certain rules and regulations, but

A government by departments, each under a chief; a word to describe the system used in an invidious sense. Wharton.

A species of tenure, described by old law 'writers as but tenure In socage, where the king or other person was lord of an ancient borough, in which the tenements were held by a ren

A tenure by which lands in royal boroughs in Scotland were held of the sovereign. The service was watching and warding, and was done by the burgesses within the territory of the bo

In English law. A boroughs, are held of the king, or other lord of the borough, at a certain yearly rent. Glanv. lib. 7, c. 3; Litt. §§ 162, 163; Co. Litt. 108b; 2 Bl. Comm. 82; Bl

One who breaks into houses or inclosed places, as distinguished from one who committed robbery in the open country. Spelman, voc. "Burglaria."

A term applied, in the old English law, to a contribution towards the repair of castles or walls of defense, or of a borough.

In old English law. The inhabitants of a borough.

A word used In Domesday, signifying a breach of the peace in a town. Jacob.

A magistrate of a borough., Blount. An officer who discharges the same duties for a borough that a mayor does for a city. The word is used in this sense in Pennsylvania. An inhabit

A list of those entitled to new rights under the act of 5 & 6 Wm. IV. c. 74; 3 Steph. Comm. 192 et seq.

or BURGHBRECHE. A fine imposed on the community of a town for a breach of the peace, etc.

See "Borough English."

Borough English (g. V.) Y. B. P. 1 Edw. III. 38.

Yearly payments to the crown of Scotland, introduced by Malcolm

In Saxon law. A court of justice held twice a year, or oftener, in a burg. All the thanes and free owners above the rank of ceorls were bound to attend without summons. The bishop

One who commits burglary (q. V.)

In pleading. A technical word which must be introduced into an indictment for burglary at common law. No other word at common law will answer the purpose, nor will any circumlocuti

In old criminal pleading. Burglariously.

At common law, the breaking and entering the house of another in the night-time, with intent to commit a felony therein, whether the felony be actually committed or not. Coke, 3d I

In Germany, this is the title of an officer who performs the duties of a mayor.

A burgess (g. v.)

The act of interring the dead. No burial is lawful unless made' in conformity with the local regulations; and when a dead body has been found, it cannot be lawfully buried until th

or BURKISM. Committing murder in order to sell the body for dissec- BURLAW (BYRLAW, or BIRLAW) courts. In Scotch law. ^ Assemblages of neighbors to elect burlaw men, or those who w

BIRLAWS, or BYRLAWS. In Scotch law. Laws made by neighbors elected by common consent in the birlaw courts. Skene de Verb. Sign. Laws made by husbandmen, etc., concerning neighborho

See "Accident;" "Fire."

When a layman was admitted to benefit of the clergy he was burned in the hand, "in the brawn of the left thumb," in order that he might not claim the benefit twice. This practice w

A burroch, dam, or small wear over a river, where fish traps are laid. Cowell.

A term in the Scotch law, used to designate the rents paid into the king's private treasury by the burgesses or inhabitants of a borough.

or BURSE. A purse. Spelman; Bracton. fol. 84; Britt, c. 29.

The bursery or exchequer of collegiate and conventual bodies; or the place of receiving and paying and accounting by the bursarii, or bursers. A. D. 1277. But the word "bursarii" d

In English law. The ancient punishment of sodomites, and those who contracted with Jews. Fleta, lib. 1, c. 27, § 3.

A place appropriated for depositing the dead; a cemetery. In Massachusetts, burying grounds cannot be appropriated to roads without the consent to the owners. Gen. St. Mass. 244. B

The Winchester bushel, established by IS Wm. III. o. 5 (1701), was made the standard of grain. A cylindrical a bushel. The capacity is 2,145.42 cubic inches. The bushel established

Occupation or employment. 178 111. App. 176. The employment which occupies the time, attention and labor. 37 111. App. 503.

A stock corporation other than insurance, banking, and transportation corporations. Gen. Corp. Law N. Y. § 2.

The time of the day during which business is transacted. In respect to the time of presentment and demand of bills and notes, business hours generally range through the whole day d

A word found only in Bracton (folio 115b). From the context, it means the principal persons of the county, and is thought to have been synonymous with "barons." 2 Reeve. Hist. Eng.

or BU80IA. In old Eng Ush law. A ship of large size and clumsy construction. Spelman.

A certain portion of every cask of wine imported by an alien, which the king's butler was allowed to take. Called also "prisage." 2 Bulst. 254. Anciently, it might be taken also of

In English law. A law for the heir to punish waste in the life of the ancestor. "Though it be on record in the parliament book of Edward I., yet it never was a statute, nor ever so

A measure of capacity, equal to one hundred and eight gallons. See "Measure."

The bounding lines of land at the end; abuttals.