Blacks Law Dict. 1st ed

BREVE

153

BREWER

Breve judloiale debet sequi suum orig inale, et accessorium suum principale. Jenk. Cent 292. A judicial writ ought to follow its original, and an accessory its prin cipal. Breve judioiale non cadit pro defeotu formse. Jenk. Cent. 43. A judicial writ fails not through defect of form. BREVE NOMINATTJM. A named writ A writ stating the circumstances or details of the cause of action, with the time, place, and demand, very particularly. BREVE ORIGINALE. An original writ; a writ which gave origin and com mencement to a suit. BREVE PERQUIRERE. To purchase a writ or license of trial, in the king's courts by the plaintiff, qui breve perquisivit. BREVE TESTATTJM. A written mem orandum introduced to perpetuate the tenor of the conveyance and investiture of lands. 2 Bl Comiu. 307. In Scotch law A similar memorandum made out at the time of the transfer, attested by the pares curice and by the seal of the su perior. Bell. BREVET. In military law. A com mission by which an officer is promoted to the next higher rank, but without confer ring a right to a corresponding increase of pay. In French law. A privilege or warrant granted by the government to a private per son, authorizing him to take a special bene fit or exercise an exclusive privilege. Thus a brevet dHnvention is a patent for an inven tion. BREVIA. Lat. Writs. The plural of breve, which see. BREVIA ADVERSARIA. Adversary writs; writs brought by an adversary to re cover land. 6 Coke, 67. BREVIA AMICABILIA. Amicable or friendly writs; writs brought by agreement or consent of the parties. BREVIA ANTICIPANTIA. At com mon law. Anticipating or preventive writs. Six were included in this category, viz.: Writ of mesne; warrantia chartas; monstrave runt; audita querela; curia claudenda; and ne injuste vexes. BREVIA DE CURSU. Writs of course. Formal writs issuing as of course.

BREVIA FORMATA. 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. Bract, fol. 4136. BREVIA JUDICIALIA. Judicial writs. Auxiliary writs issued from the court dur ing the progress of an action, or in aid of the judgment. BREVIA MAGISTRALIA. Writs oc casionally issued by the masters or clerks of chancery, the form of which was varied to suit the circumstances of each case. Bract, fol. 4136. BREVIA SELECTA. Choice or select ed writs or processes. Often abbreviated to Brev. Sel. Brevia, tarn originalia quam judicialia, patiuntur Anglica nomina. 10 Coke, 132. Writs, as well original as judicial, bear En glish names. BREVIA TESTATA. The name of the short memoranda early used to show grants of lands, out of which the deeds now in use have grown. Jacob. BREVIARIUM ALARICIANUM. A compilation of Eoman law made by order of Alaric II., king of the Visigoths, in Spain, and published for the use of his Roman sub jects in the year 506. BREVIARIUM ANIANI. Another name for the Brevarium Alaricianum, (g. v.) Anian was the referendery or chancellor of Alaric, and was commanded by the latter to authenticate, by his signature, the copies of the breviary sent to the comites. Mackeld. Rom. Law, § 68. BREVIATE. A brief; brief statement, epitome, or abstract. A short statement of contents, accompanying a bill in parlia ment. Holthouse. BREVIBTJS ET ROTULIS LIBER ANDIS. A writ or mandate to a sheriff to deliver to his successor the county, and ap purtenances, with the rolls, briefs, remem brance, and all other things belonging to his office. Reg. Orig. 295. BREWER. One who manufactures fer mented liquors of any name or description, for sale, from malt, wholly or in part, oi from any substitute therefor. Act July 13, 1866, § 9, (14 St. at Large, 117.)

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