voyage, or during the limited time, by any of the perils enumerated in the contract. the lender shall also lose his money. 2 Hagg. Adm. 48. 53; 2 Sumn. (U. S.) 157; Abb. Shipp. 117-131. Where the loan is made on the credit of the cargo alone, the contract is called respondentia (q. v.) BOUCHE (Fr. mouth). Ne gist en le bouche, it does not lie in the mouth, i. e., it is not for one to say. Litt. § 58. A phrase still used. En bouch del lay gents, in the mouth of the common people. Cro. Jac. 700. Il port meate en son bouche, it supports itself. Dyer, 28 (Fr. Ed.) Said of a deed. An allowance of provision. Avoir bouche a court, to have an allowance at court; to be in ordinary at court; to have meat and drink scot-free there. Blount; Cowell, "Munitions de Bouche;" Ord. Mar. liv. 3, tit. 8, art. 11. BOUCHE OF COURT, or BUDGE OF court. A certain allowance of provision from the king to his knights and servants that attended him in any military expedition. The French avoir bouche a court, is to have an allowance at court of meat and drink. From bouche, a mouth. But sometimes it extended only to bread, beer, and wine, and this was anciently in use as well in the houses of noblemen as in the king's court. Jacob. BOUGH OF A TREE. A symbol which gave seisin of land, to hold of the donor in capite. BOUGHT NOTE. A written memorandum of a sale, delivered by the broker who effects the sale, to the vendee. Story, Ag. § 28; 11 Adol. & E. 589; 8 Mees. & W. 834. Bought and sold notes are made out usually at the same time; the former being delivered to the vendee, the latter to the vendor. BOULEVARD. A public drive, adapted and set aside for purposes of ornament, exercise, and amusement. It is not technically a street, avenue, or highway, though a carriage way over it be a chief feature. 52 How. Pr. (N. Y.) 440. BOUND BAILIFF. A sheriff's officer, who serves writs and makes arrests. He is so called because bound to the sheriff for the due execution of his office. 1 Bl. Comm. 345. BOYCOTT BOUNDERS. Visible marks or objects at the ends of the lines drawn in surveys of land, showing the courses and distances. BOUNTY. An additional benefit conferred upon, or a compensation paid to, a class of persons. It differs from a reward, which is usually applied to a sum paid for the performance of some specific act to some person or persons. It may or may not be part of a contract. Thus, the bounty offered a soldier would seem to be part of the consideration for his services. The bounty paid to fishermen is not a consideration for any contract, however. BOW-BEARER. An under officer of the BOUNDARY. Any separation, natural forest, whose duty it is to oversee and true or artificial, which marks the confines or line of two contiguous estates. Hunt, Boundaries. The term is applied to include the objects placed or existing at the angles of the bounding lines, as well as those which extend along the lines of separation. A natural boundary is a natural object remaining where it was placed by nature. An artificial boundary is one erected by man. BOUNDED TREE. A tree marking or standing at the corner of a field or estate. inquisition make, as well of sworn men as unsworn, in every bailiwick of the forest, and of all manner of trespasses done, either to vert or venison, and cause them to be presented, without any concealment, in the next court of attachment, etc. Cromp. Jur. 201. BOWYERS. Manufacturers of bows and shafts. An ancient company of the city of London. 12 Edw. IV. c. 2; 33 Hen. VIII. c. 6. BOYCOTT. A conspiracy to injure the business of any person by inducing others to abstain from business relations with him. The methods are so diverse as not to be comprehended by any definition. For illustrations, see 84 Va. 927; 45 Fed. 135; 55 Conn. 79. If force or intimidation is resorted to, such combinations are unlawful. As to their legality in the absence of such measures, see 15 Q. B. Div. 476. BOZERO. In Spanish law. An advocate; one who pleads the causes of others, either suing or defending. Las Partidas, pt. 3, tit. v. 1, 1-6. Called, also, abogadas. Amongst other classes of persons excluded from this office are minors under seventeen, the deaf, the dumb, friars, women, and infamous persons. White, New Recop. 274. BRANCH. A portion of the descendants of a person, who trace their descent to some common ancestor, who is himself a descendant of such person. The whole of a genealogy is often called the "genealogical tree," and sometimes it is made to take the form of a tree, which is in the first place divided into as many branches as there are children, afterwards into as many branches as there are grandchildren, then great-grandchildren, etc. If, for example, it be desired to form the genealogical tree of Peter's family, Peter will be made the trunk of the tree; if he has had two children, John and James, their names will be written on the first two branches, which will themselves shoot out into as many smaller branches as John and James have children; from these others proceed, till the whole family is represented on the tree. Thus the origin, the application, and the use of the word "branch" in genealogy will be at once perceived. See "Line." BRANDING. An ancient mode of punishment by inflicting a mark on an offender with a hot iron. It is generally disused in civil law, but is a recognized punishment for some military offenses. BREACH OF TRUST BRAWL. Tumult; loud angry contention. See 42 N. H. 464. Originally used in connection with disturbances in churches or churchyards. 4 Bl. Comm. 146; Steph. Cr. Dig. 102. BREACH. -In Contracts. The violation of an obligation, engagement, or duty. Breach may be either by renunciation,that is, by the declaration of the party that he does not intend to perform (32 Iowa, 409; 61 N. Y. 362; 52 Wis. 240), by such acts as will render performance impossible (82 N. Y. 108; 22 Fed. 522; 16 Mass. 161), or by actually failing to perform any or all the terms of the contract; the two first mentioned being constructive breaches, and the last, actual breach. BREACH OF PRISON. An unlawful breaking out of prison. This is of itself a misdemeanor. 1 Russ. Crimes, 378; 4 Bl. Comm. 129; 2 Hawk. P. C. c. 18. § 1; 7 Conn. 752. The remedy for this offense is by indictment. The climbing of a wall is not a breaking out, but if loose bricks be thrown from the wall it is. Russ. & R. 458. See "Escape." BREACH OF PRIVILEGE. An act in violation of the privilege of a legislative body. BREACH OF THE PEACE. A violation BRANKS. An instrument of punishment formerly made use of in some parts of England for the correction of scolds, which it was said to do so effectually and so very safely that it was looked upon by Dr. Plotts, in his History of Staffordshire (page 389), "as much to be preferred to the ducking- of public order; the offense of disturbing stool, which not only endangered the health the public peace. 6 Coldw. (Tenn.) 283. of the party, but also gives the tongue An act of public indecorum is also a breach liberty 'twixt every dip, to neither of which of the peace. is this liable. It brings such a bridle for the tongue as not only quite deprives them of speech, but brings shame for the transgression and humiliation thereupon before BREACH OF TRUST. (1) The willful misappropriation, by a trustee, of a thing which had been lawfully delivered to him in confidence. The distinction between larceny and a breach of trust is to be found chiefly in the terms or way in which the thing was taken originally into the party's possession; and the rule seems to be that whenever the article is obtained upon a fair contract not for a mere temporary purpose, or by one who is in the employment of the deliverer, BREVA INNOMINATA. See "Breve In In cases of burglary and housebreaking, the removal of any part of the house, or of nominatum." the fastenings provided to secure it, with violence and a felonious intent, is a breaking, as the raising of a closed window (107 N. C. 905), or the opening of a closed door (68 Ill. 271; 20 Iowa, 413), but an entry by an open door or window (85 Pa. St. 66; 25 Neb. 780) is not, though an entry through a chimney is a breaking into the house, for that is as much closed as the nature of things will permit (52 Ala. 376; 13 Ired. [N. C.] 244). A constructive breaking is the procuring of an entry for felonious purpose by fraud or covin, as by pretending to have business with the owner (9 Ired. [N. C.] 463), or by collusion with an inmate (98 N. C. 629). BREAKING OF ARRESTMENT. The contempt of the law committed by an arrestee who disregards the arrestment used in his hands, and pays the sum or delivers the goods arrested to the debtor. The breaker is liable to the arrester in damages. See "Arrestment." BREAST OF THE COURT. The judgment or conscience of the court. A record is in the breast of the court, subject to correction, until the term is closed, after which it imports verity. BREATH. In medical jurisprudence. The air expelled from the chest at each expira tion. BREDWITE. In Saxon and old English law. A fine, penalty, or amercement imposed for defaults in the assize of bread. Kennett, Par. Ant. 114; Cowell. BREHON LAW. The ancient system of Irish law; so named from the judges, called "Brehons," or "Breitheamhuin." Its exist ence has been traced from the earliest period of Irish history down to the time of the Anglo Norman invasion. It is still a subject of antiquarian research. An outline of the system will be found in Knight's English Cyclopaedia. BRENAGIUM. A payment in bran, BREVE (Law Lat.) In old English law. A writ; properly an original writ (breve originale), by which all actions in the superior courts of England were once required to be commenced. Non potest quis sine brevi agere, no man can sue without a writ. Bracton, fols. 413b, 112; Fleta, lib. 2, c. 13, § 4; Steph. Pl. 5, 6; 3 Bl. Comm. 272, 273. BREVE DE RECTO. A writ of right. nature of any in the law. Cowell; Fitzh. The writ of right patent is of the highest Nat. Brev. BREVE INNOMINATUM. A writ containing a general statement only of the cause of action. BREVE ITA DICITUR, QUIA REM DE qua agitur, et intentionem petentis, paucis verbis breviter enarrat. 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. BREVE JUDICIALE DEBET SEQUI suum originale, et accessorium suum principale. A judicial writ ought to follow its original, and an accessory its principal. Jenk. Cent. Cas. 292. BREVE JUDICIALE NON CADIT PRO defectu firmae. A judicial writ fails not through defect of form. Jenk. Cent. Cas. 43. BREVE NOMINATUM. A writ containing a statement of the circumstances of the action. which tenants anciently made to feed their randum introduced to perpetuate the tenor BREVE TESTATUM. A written memolord's hounds. Blount. of the conveyance and investiture of lands. BREPHOTROPHI. In civil law. Per-2 Bl. Comm. 307. It was prepared after the sons appointed to take care of houses des- transaction, and depended for its validity tined to receive foundlings. Clef des Lois upon the testimony of witnesses, as it was not sealed. Spelman. Rom. "Administrateurs." BRETHWALDA, or BRETTWALDA. The leader of the Saxon heptarchy. Steph. Lect. 636. -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, Dict. BREVET. dosianum, Lex Theodosiana, Liber Legum, -In French Law. A warrant granted or Lex Romana. 1 Mackeld. Civ. Law, p. by government to authorize an individual 49, § 59. to do something for his own benefit. Brevet d'invention. A patent. BREVIATE. An abstract or epitome of BREVIBUS ET ROTULUS LIBERANDIS. In American Law. A commission a writing. Holthouse. conferring on a military officer a degree of rank specified in the commission, without, however, conveying a right to receive corresponding pay. BREVIA (Lat.) Writs. The plural of the briefs, rolls, remembrances, and other breve (q. v.) BREVIA ADVERSARIA. Adversary writs; those brought adversely to recover land. BREVIA AMICABILIA. Amicable or friendly writs; writs brought by agreement or consent of the parties. BREVIA ANTICIPANTIA. Anticipating writs; writs of prevention. See Termes de la Ley. BREVIA DE CURSU. Formal writs issuing 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 were applicable, and which could not be changed but by consent of the great council of the realm. Bracton, 413b. BREVIA INNOMINATA. nominatum." A writ or mandate directed to a sheriff, commanding him to deliver to his successor the county and the appurtenances, with all things belonging to his office. BRIBE. The gift or promise, which is accepted, of some advantage as the inducement for some illegal act or omission; or of some illegal emolument, as a consideration for preferring one person to another, in the performance of a legal act. BRIBERY. 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 order to influence his behavior in office, and to incline him to act contrary to his duty and the known rules of honesty and integrity. Coke, 3d Inst. 149; 1 Hawk. P. C. c. 67, § 2; 4 Bl. Comm. 139; 1 Russ. Crimes, 156. The term "bribery" now extends further, and includes the offense of giving a bribe to many other officers. The offense of the giver and of the receiver of the bribe has See "Breve In- the same name. For the sake of distinction, that of the former-viz., the bribermight be properly denominated "active bribery;" while that of the latter-viz., the person bribed-might be called "passive bribery." BREVIA JUDICIALIA (Lat.) Judicial writs. Subsidiary writs issued from the court during the progress of an action, or in execution of the judgment. BREVIA MAGISTRALIA. Writs framed and issued by masters in chancery, not fol lowing any established form, but varying in accordance with the peculiarities of the particular case. Bracton, 413b. BREVIA NOMINATA. natum." See "Breve Nomi "The voluntary giving or receiving of anything of value in corrupt payment for an official act done or to be done." 2 Bish. Crim. Law, § 85. The common-law definition, flumen vel cursus aquae, etc., has a enlarged significance in modern usage, and the term "bridge" in statutes signifies also crossings over public ways on land. 37 Me. 451. BREVIARIUM ALARICIANUM (or ANIA ni) (Lat.) A code of law compiled by order of Alaric II., king of the Visigoths, for the Bridges are either public or private. use of the Romans living in his empire, pub- Public bridges are such as form a part of lished A. D. 506. It was collected by a the highway, common, according to their committee of sixteen Roman lawyers, from character, as foot, horse, or carriage bridges, the Codex Gregorianus, Hermogenianus, to the public generally, with or without toll and Theodosianus, some of the later novels, (2 East, 342); though their use may be limitand the writings of Gaius, Paulus, and Papin- ed to particular occasions, as to seasons of ianus. In the middle ages, it is commonly flood or frost (2 Maule & S. 262; 4 Campb. referred to, under the titles Corpus Theo- 189). BRIDGE MASTERS. 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. Lond. 283. BRIEF (Lat. brevis; Law Fr. briefe, short). A short or condensed statement. In Ecclesiastical Law. A papal rescript sealed with wax. See "Bull." -In Old Practice. A writ. It is found in this sense in the ancient law authors. 2 Co. Litt. 73b. -In English Practice. A statement by a solicitor to counsel, containing the facts and issues, the names of the witnesses, etc., to obtain the advice of counsel on a point of law, or to enable him to prepare for trial. -In American Practice. The written or printed points, authorities, and argument furnished to the court by counsel. It must contain some statement of the case and argument therein; a mere copy of part of the assignments of error being insufficient. 12 Ind. 654, And see 43 Ind. 356. BRIEF A L'EVESQUE. 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. BRIEF OF TITLE. An abstract of title (q. 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 lunatics or of idiots, and the ascertaining the widow's terce; and sometimes in dividing the property belonging to heirs-portioners. In these cases, only brieves are now in use. Bell, Dict. BROKERS BROKERS. 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 Ill. 79; 16 How. Pr. (N. Y.) 440. One who receives a commission for mak ing a bargain for another. 6 Bing. 702. A salaried agent is not a broker. 1 Ore. 218. A broker differs from a factor in that he has no possession of the property he sells. 47 Cal. 213; 41 N. Y. 235; 104 Mass. 259. -Bill and Note Brokers. Those who negotiate the purchase and sale of bills of exchange and promissory notes. -Exchange Brokers. Those who negotiate bills of exchange drawn on foreign countries, or on other places in this country. -Insurance Brokers. Those who pro BRIEF, PAPAL. The pope's letter upon cure insurance, and negotiate between inmatters of discipline. surers and insured. -Merchandise Brokers. Those who ne BRIEVE (from breve, q. v.) In Scotch law. A writ. 1 Kames, Eq. 146; 1 Forbes, gotiate the sale of merchandise without Inst. pt. 4. bk. 2, c. 1, tit. 2, § 1. BRIGA (Law Lat.) In old European law. Strife; contention; litigation; controversy. Spelman; Cowell; Blount. BRIGANDINE. 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. BRINGING MONEY INTO COURT. 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." BRIS. In French maritime law. Literally, breaking; wreck. Distinguished from naufrage (q. v.) Ord. Mar. liv. 2, tit. 9. BRISTOL BARGAIN. A contract by which A. lends B. £1,000 on good security, having possession or control of it, as factors have. -Pawnbrokers. Those who lend money in small sums, on the security of personal property, at usurious rates of interest. They are licensed by the authorities, and excepted from the operation of the usury laws. -Real-Estate Brokers. Those who negotiate the sale or purchase of real property. They are a numerous class, and, in addition to the above duty, sometimes procure loans on mortgage security, collect rents, and attend to the letting and leasing of houses and lands. -Ship Brokers. Those who negotiate the purchase and sale of ships, and the business of freighting vessels. Like other brokers, they receive a commission from the seller only. -Stock Brokers. Those employed to buy and sell shares of stock in incorporated companies, and the indebtedness of governments. These brokers have possession of the certificates and other written evidences of title. |