Breve - Law Dictionary Search Results
Home Dictionary Name: breveBreve
Breve, 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 do justice, etc. It is called breve, from the brevity of it, and is addressed either to the defendant himself, or to the chancellors, judges, sheriffs, or other officers, Skene, de verb. 'Breve.' See WRIT; ORIGINAL WRIT; JUDICIAL WRIT.Breve income-tax act dicitur, quia rem de qua agitur, et intentionem patentis, paucis verbis breviter enarrat. 2 Inst. 39.--(A writ is so-called because it briefly states ,in few words, the matter in dispute, and the object of the party seeking relief.)...
Breve perquirere
Breve perquirere, to purchase a writ or license of trial, in the king's courts, by the plaintiff, qui breve perquisivit; whence the usage of paying 6s. 8d. fine to the Crown where the debt is 40l., and of 10s. where the debt is 100l., etc, is suits and trials for money due upon bond, etc....
Cassetur breve
Cassetur breve (that the writ be quashed). When the defendant pleaded sufficient matter in abatement and the plaintiff could not deny it, he could either obtain leave to amend his declaration, or he might at once enter on the roll a casetur breve, or judgment upon his prayer that his writ might be quashed, to the intent that he might sue out a better, 2 Chit. Arch. Prac. Pleas in abatement are, however, now abolished by the Judicature Act, 1875. See Abatement....
Recto, Breve de
Recto, Breve de, a writ of right, which was of so high a nature that, as other writs in real actions were only to recover the possession of the land etc., in question, this aimed to recover the seisin and the property, and thereby both the rights of possession and property were tried together.There were two species: (1) writ of right patent, so called because it was sent open, and was the highest writ lying for him who had a fee-simple in the lands or tenements sued for, against the tenant of the freehold atleast, and in no other case; this writ was likewise called breve magnum de recto; (2) writ of right close, which was brought where one held lands and tenements by charter in ancient demesne in fee-simple, fee-tail, or for term of life, or in dower, and was disseised, Co. Litt. 158 b; Jac. Law Dict. abolished by 3 & 4 Wm. 4, c. 27. See ACTION (POSSESSORY)....
Breve de recto
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 judiciale non cadit pro defectu forme
Breve judiciale non cadit pro defectu forme [Lat.], A judicial writ fails not through defect of form....
Minor ante tempus agere non potest in casu proprietatis, nec etiam convenire; differetur usque etatem; sed non cadit breve
Minor ante tempus agere non potest in casu proprietatis, nec etiam convenire; differetur usque etatem; sed non cadit breve [Lat.], a minor before majority cannot act in a case of property, not even to agree; it should be deferred until majority; but a writ does not fail....
Nihil capiat per breve
Nihil capiat per breve (that he take nothing by his writ). Where an issue, arising upon a declaration or temporary plea, is decided for the defendant, the judgment is, generally, that the plaintiff take nothing, etc., and that the defendant go thereof without day, etc., which is a judgment of nihil capiat, etc....
Nonintromittendo, quando breve pr'cipe in capite subdole impetratur
Nonintromittendo, quando breve pr'cipe in capite subdole impetratur, a writ addressed to the justices of the bench, or in eyre, commanding them not to give one who, under colour of entitling the king of land, etc., as holding of him in capite, had deceitfully obtained the writ called pr'cipe in capite, any benefit thereof, but to put him to his writ of right, Reg. Brev. 4. Obsolete....
Vice-comes non misit breve
Vice-comes non misit breve [Lat.] (the sheriff has not sent the writ). This continuance is abolished by r. 31, H.T. 1853....
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