Blacks Law Dict. 1st ed

BREVE

152

BREAKING

posed for defaults in the assise of bread Cowell. BREHON. In old Irish law. A. judge. 1 Bl. Comm. 100. Brehona, (breitheamhuin,) judges. BREHON LAW. The name given to the ancient system of law of Ireland as it ex isted at the time of its conquest by Henry II.; and derived from the title of the judges, who were denominated "Brehons." BRENAGIUM. A payment in bran, which tenants anciently made to feed their lords' hounds. BREPHOTROPHI. In the civil law. Persons appointed to take cat e of houses des tined to receive foundlings. BRETHREN. 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. 1 Rich. Eq. 78. BRETTS AND SCOTTS, LAWS OF THE. A code or system of laws in use among the Celtic tribes of Scotland down to the beginning of the fourteenth century, and then abolished by Edward I. of England. BRETTWALDA. In Saxon law. Tb« ruler of the Saxon heptarchy. BREVE. 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 whereby anything is commanded to be done in the courts, in order to justice, etc. It is called "breve," from the bievity of it, and is addressed either to the defendant him self, or to the chancellors, judges, sheriffs, or other officers. Skene. BREVE DE RECTO. A writ of right, or license for a person ejected out of an es tate, to sue for the possession of it. BREVE INNOMINATUM. A writ making only a general complaint, without the details or particulars of the cause of ac tion. 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.

BREAKING. Forcibly separating, part ing, disintegrating, or piercing any solid sub stance. In the law as to housebreaking and burglary, it means the tearing away or re moval of any part of a house or of the locks, latches, or other fastenings intended to secure it, or otherwise exerting force to gain an en trance, with the intent to commit a felony; or violently or forcibly breaking out of a house, after having unlawiully entered it, in the attempt to escape. BREAKING A CASE. 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 their opinions. " We are breaking the case, that we may show what is in doubt with any of us." Holt, C. J., addressing Dolbin, J., 1 Show. 423. BREAKING BULK. The offense com mitted 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 converting them to his own use. BREAKING DOORS. Forcibly remov ing the fastenings of a house, so that a per son may enter. BREAKING JAIL. The act of a pris oner in effecting his escape from a place of lawful confinement. Escape, while denot ing the offense of the prisoner in unlawfully leaving the jail, may also connote the fault or negligence of the sheriff or keeper, and hence is of wider significance than "break ing jail" or "prison-breach." BREAKING OF ARRESTMENT. In Scotch law. The contempt of the law com mitted by an arrestee who disregards the ar restment used in his hands, and pays the sum or delivers the goods arrested to the debtor. The breaker is liable to the arrester in dam See ABRBSTMENT. BREAST OF THE COURT. A meta phorical expression, signifying the conscience, discretion, or recollection of the j udge. D ur ing the term of a court, the record is said to remain "in the breast of the judges of the court and in their remembrance." Co. Litt. 2b"0«; 3 Bl. Comm. 407. BREATH. In medical jurisprudence. The air expelled from the lungs at each ex piration. BREDWITE. In Saxon and old English law. A fine, penalty, or amercement im

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