英文法律词典 B-40

BRIEF, eccl. law. The name of a kind of papal rescript. Briefs are writings sealed with wax, and differ in this respect from bulls, (q. v.) which are scaled with lead. They are so called, because they usually are short compendious¹ writings. Ayl. Parerg. 132. See Breve.

BRIEF, practice. An abridged² statement of a party's case.

2. It should contain : 1st. A statement of the names of the parties, and of their residence and occupation, the character in which they sue and are sued, and wherefore they prosecute³ or resist the action. 2d. An abridgment⁴ of all the pleadings. 3d. A regular, chronological⁵, and methodical statement of the facts in plain common language. 4th. A summary of the points or questions in issue, and of the proof which is to support such issues, mentioning specially⁶ the names of the witnesses by which the facts are to be proved, or if there be written evidence, an abstract of such evidence. 5th. The personal character of the witnesses should be mentioned; whether the moral character is good or bad, whether they are naturally timid or over-zealous, whether firm or wavering. 6th. If known, the evidence of the opposite party, and such facts as are adapted to oppose, confute, or repel⁷ it. Perspicuity⁸ and conciseness⁹ are the most desirable qualities of a brief, but when the facts are material they cannot be too numerous when the argument is pertinent¹⁰ and weighty, it cannot be too extended.

3. Brief is also used in the sense of breve. (q. v.)

BRIEF OP TITLE, practice, conveyancing. An abridgment of all the patents, deeds, indentures¹¹, agreements, records, and papers relating to certain real estate.

2. In making a brief of title, the practitioner¹² should be careful to place every deed and other paper in chronological order. The date of each deed; the names of the parties; the consideration; the description of the property; should be particularly, noticed, and all covenants¹³ should also be particularly inserted.

3. A vendor¹⁴ of an interest in realty ought to have his title investigated, abstracted, and evidence in proof of it ready to be produced and established before he sells; for if he sell with a confused title, or without being ready to produce deeds and vouchers¹⁵, he must be at the expense of clearing it. 1 Chit. Pr. 304, 463.

BRINGING MONEY INTO COURT. The act of depositing money in the hands of the proper officer of the court, for the purpose of satisfying a debt or duty, or of an interpleader.

2. Whenever a tender of money is pleaded, and the debt is not discharged by the tender and refusal, money may be brought into court, without asking leave of the court; indeed, in such cases the money must be brought into court inorder to have the benefit of the tender. In other cases, leave must be had, before the money can be brought into court.

3. In general, if the money brought into court is sufficient to satisfy the plaintiff 's claim, he shall not recover costs. See Bac. Ab. Tender, &c.