Blacks Law Dict. 1st ed

BBIEF

BROKER

155

In American practice. A written or printed document, prepared by counsel to serve as the basis for an argument upon a cause in an appellate court, and usually filed for the information of the court. It embod ies the points of law which the counsel de sires to establish, together with the arguments and authorities upon which he rests his con tention. A brief, within a rule of court requiring counsel to furnish briefs, before argument, implies some kind of statement of the case for the information •of the court. 43 Ind. 856. In Scotch law. Brief is used in the «ense of "writ," and this seems to be the «ense in which the word is used in very many of the ancient writers. In ecclesiastical law. A papal rescript sealed with wax. See BULL. BRIEF A L'EVESQTJE. 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. BBIEF OF TITLE. In practice. A methodical epitome of all the patents, convey ances, incumbrances, liens, court proceed ings, and other matters affecting the title to •a certain portion of real estate. BBIEF OUT OF THE CHANCERY. In Scotch law. A writ issued 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 proper ty belonging to heirs-portioners. In these cases only brieves are now in use. Bell. BBIEF, PAPAL. In ecclesiastical law. "The pope's letter upon matters of discipline. BBIEVE. In Scotch law. A writ. 1 Eames, Eq. 146. BBIGA. In old European law. Strife, •contention, litigation, controversy. BRIGANDINE. A coat of mail or an cient armour, consisting of numerous jointed *cale-like plates, very pliant and easy for the body, mentioned in 4 & 5 P. & M. c. 2. BBIGBOTE. In Saxon and old English law. A tribute or contribution towards the repairing of bridges. BRINGING MONEY INTO COURT. The act of depositing money in the custody -of a court or of its clerk or marshal, for the purpose of satisfying a debt or duty, or to -await the result of an interpleader.

BRIS. In French maritime law. Liter ally, breaking; wreck. Distinguished from nan/rage, (q. r.) BRISTOL BARGAIN. In English law. A contract by which A. lends B. £1»009 on good security, and it is agreed that £500, to gether with interest, shall be paid at a Lime stated; and, as to the other £500, that B., in consideration thereof, shall pay to A. £100 per annum for seven years. Wharton. BRITISH COLUMBIA. The territory on the north-west coast of North America, once known by the designation of "New Cal edonia." Its government is provided for by 21 & 22 Viet. c. 99. Vancouver Island is united to it by the 29 & 30 Viet. c. 67. See 83 & 34 Viet. c. 66. BROCAGE. The wages, commission, or pay of a broker, (also called "brokerage.") Also the avocation or business of a broker. BROCARIUS, BROCATOR. In old English and Scotch law. A broker; a mid dleman between buyer and seller; the agent of both transacting parties. Bell; Cowell. BROCELLA. In old English law. A wood, a thicket or covert of bushes and brush wood. Cowell; Blount. BROKEN STOWAGE. In maritime law. That space in a ship which is not filled by her cargo. BROKER. An agent employed to make bargains and contracts between other per sons, in matters of trade, commerce, or nav igation, for a compensation commonly called "brokerage." Story, Ag. § 28. Those who are engaged for others in the negotiation of contracts relative to property, with the custody of which they have no con cern. Paley, Prin. & Ag. 13. The broker or intermediary is he who is employed to negotiate a matter between two parties, and who, for that reason, is consid ered as the mandatary of both. Civil Code La. art. 3016. One whose business is to negotiate pur chases or sales of stocks, exchange, bullion, coined money, bank-notes, promissory notes, or other securities, for himself or for others. Ordinarily, the term "broker" is applied to one acting for others; but the part of the definition which speaks of purchases and sales for himself is equally important as that which speaks of sales and purchases for oth ers. 91 U.S. 710. A broker is a mere negotiator between

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