Breve

Breve, or BRIEVE, in the practice of the Scots law, is a writ issuing from Chancery in the name of the crown, to a judge, ordering him to try by jury the points or questions stated in the breve. In ancient times these writs appear to have been the foundation of almost all civil actions in Scotland; but latterly they have been used only in the following cases: (1) Breve of Inquest, now, however, superseded by a petition of service to the sheriff to ascertain the heir of a deceased person. (2) Breve of Tutory, the purpose of which is the appointment, as guardian to a pupil, of the nearest agnate or person most nearly related through the father, of lawful age. (3) Breves of Idiotry and Furiosity, for the appointment, in case of ascertained insanity, of the nearest male agnate, of lawful age, as guardian or curator. Proceedings 2 and 3, however, are much superseded by the appointment of judicial officers. (4) Breve of Terce is to enable a widow to recover her terce or dower. It is issued to the sheriff of the county, who divides the possession of the land between the widow and the heir (see TERCE). (5) Breve of Division amongst heirs-portioners. By means of this breve an heir-portioner—i.e. one of two or more sisters succeeding in equal portions to a landed estate—may have her share of the lands separated or set apart by a judge, who appoints an inquest, or jury of fifteen persons. An arbitration or ordinary action is now more generally resorted to. See HEIRS-PORTIONERS.