KFLCC Kingdom Law 2nd Ed.

151

BREVE

BRIBE

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 brevity 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 estate, to sue for the possession of it.— Breve innominatirm. A writ making only a general complaint, with out the details or particulars of the cause of action.— Breve nominatnm. A named writ. A writ stating the circumstances or details of the cause of action, with the time, place, and demand, very particularly.— Breve orijsinale. An original writ; a writ which gave origin and commencement to a suit.— Breve perquirere. To purchase a writ or license of trial in the king's courts by the plaintiff.— Breve testa tum. A written memorandum introduced to perpetuate the tenor of the conveyance and in vestiture of lands. 2 Bl. Comm. 307. In Scotch law. A similar memorandum made out at the time of the transfer, attested by the pares curia; and by the seal of the superior. Bell. Breve ita dicitur, quia rem de qua agitnr, et intentionem petentis, panels verbis breviter enarrat. A writ is so call ed 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 snum orig inate, et accessorinm snum principale. Jenk. Cent 292. A judicial writ ought to follow its original, and an accessory its prin cipal. Breve judiciale non cadit pro defectn formse. Jenk. Cent. 43. A judicial writ fails not through defect of form. 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 d'invention is a patent for an inven tion BREVET. In military law. breve, which see. — Brevia adversaria. writs; writs brought by an adversary to recover land. 6 Coke, 67.— Brevia amicabilia. Amicable or friendly writs; writs brought by agreement or consent of the parties.— Brevia anticipan tia. At common law. Anticipating or pre ventive writs. Six were included in this cate gory, viz.: Writ of mesne; voarrantia ohartce; monstraveruntj audita querela; curia clauden da; and ne mjuste vexes. Peters v. Linen,- schmidt, 58 Mo. 466.— Brevia de enrsn. Writs of course. Formal writs issuing as of Adversary BREVIA. Lat Writs. The plural 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. 413$.— Brevia jndicialia. Judicial writs. Auxiliary writs issued from the court during the progress of an action, or in aid of the judgment.— Brevia magistralia. Writs occasionally 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 selected writs or processes. Often abbreviated to Brev. Sel.— 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. Brevia, tain originalia qnam jndi cialia, patiuntur Anglica nomina. 10 Coke, 132. Writs, as well original as judi cial, bear English names. A compilation of Roman 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 authen ticate, by his signature, the copies of _ the breviary sent to the comites. Mackeld. Rom. Law, § 68. A brief; brief statement, epitome, or abstract A short statement of contents, accompanying a bill in parliament Holthouse. BREVIBUS ET ROTULIS LIBERAN DIS. A writ or mandate to a sheriff to de liver 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. One who manufactures fer mented liquors of any name or description, for sale, from malt, wholly or fn part, or from any substitute therefor. Act July 13, 1866, § 9, (14 St. at Large, 117.) U. S. v. Dooley, 25 Fed. Cas. 890; U. S. v. Wittig, 28 Fed. Cas. 745. Any valuable thing given or promised, or any preferment advantage, privilege, or emolument, given or promised corruptly and against the law, as an induce ment to any person acting in an official or public capacity to violate or forbear from his duty, or to improperly influence his behavior in the performance of such duty. The term "bribe" signifies any money, goods, right in action, property, thing of val ue, or advantage, present or prospective, or any promise or undertaking to give any, asked, given, or accepted, with a corrupt in tent to influence unlawfully the person to BBEVIARIUM AXARICIANUM. BREVIATE. BREWER. BRIBE.