Brevia Selecta - Law Dictionary Search Results
Home Dictionary Name: brevia selectaBrevia selecta
Brevia selecta, abbrev. Brev. Sel. [Lat.], choice writs or processes....
Brevia testata
Brevia testata, written memoranda, introduced to perpetuate the tenor of a conveyance and investiture, when grants by parol only became the foundation of frequent dispute and uncertainty. To this end they registered in the deed the persons who attended as witnesses, which was formerly done without their signing their names (that not being always in their power), but they only heard the deed read; and then the clerk or scribe added their names in a sort of memorandum; thus, 'his testibus, Johanne Moore, Jacobo Smith, et aliis ad hanc rem convocatis.' Our modern deeds are in reality nothing more than an improvement or amplification of these brevia testata, 2 Bl. Com. 307....
Brevia magistralia
Brevia magistralia, official writs framed by the clerks in Chancery to meet new injuries, to which the old forms of actions were inapplicable, 4 Reeves, 426....
Case, action on the
Case, action on the. The action on the case lay where a party sued for damages for any wrong or cause of complaint (such as negligence, or breach of contract not under seal) to which covenant or trespass did not apply. Statutory sanction was obtained for this form of action under the Statute of Westminster 2 (13 Edw. 1, c. 24), which regulated and limited the increasing practice of framing new writs by officers of the Crown and empowered the Clerks in Chancery to frame new writs in consimili casu with writs then in existence, see Pollock on Torts and Law Quarterly Review, Vol. 52, p. 68. Under the statutory sanction many new writs which were analogous to the writ of trespass, or in consimili casu with that action, were invented and issued under the appellation of 'trespass on the case' (brevia 'de transgressione super casum') as being founded on the particular circumstances of the case thus requiring a remedy, and to distinguish them from the old writ of trespass; and the injuries them...
Crimen falsi
Crimen falsi, forgery.Crimen falsi dicitur, cum quis illicitus, cui non fuerit ad h'c data auctoritas, de sigillo regis rapto vel invento, brevia cartasue consignaverit. Fleta, 1, c. xxiii.-(The crime of forgery is when any one illicitly, to whom power has not been given for such purposes, has signed writs or chartrs with the king's seal, either stolen or found.) See FORGERY...
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