Another objection to the tax is, that it highways, although the principle of that is a charge on one kind of material from distinction does not seem very clear. which others, used for the same purpose, Every county bridge is a highway, inasare exempt. When the duty on bricks much as it is a bridge over which a highwas first imposed, the brickmakers were way passes; it is therefore in that respect told that other kinds of building materials strictly a highway: so also is every should also be taxed, and a heavy cus- other public bridge over which a hightoms' duty was laid on stones and slate; way passes. The usual distinction drawn but the effect was felt to be injurious, as between them is derived from the nature an obstruction to such works as docks, of the space over which the bridge gives bridges, &c. The duty on stone was a passage. A county bridge, or, in other therefore first repealed by 4 Geo. IV. words, a bridge which the county is c. 59, and next the duty on slates, about bound to repair, is usually defined to be six years afterwards, by 1 & 2 Will. IV. "a common and public building over a c. 52. There was immediately a large river or water flowing in a channel, more increase in the consumption of slates, and or less definite; whether such river or as a matter of justice the duty on tiles channel is occasionally dry or not." This was repealed. As there is now no duty is evidently a very loose definition, for either on stone or slate, it is clear it does not prescribe the width of the that the conditions held out to the brick-river, or the nature of its channel; but it makers, when the duty was first imposed on their manufacture, have been violated. The distinctions in the rates of duty occasion a good deal of trouble, without the revenue being adequately benefited. In 1835 the duty on polished bricks did not amount to 5000l. The charge on these bricks is also a check upon ornamental architecture. The duty on bricks is precisely one of that class which should be repealed, and the deficiency made up by some other tax that would bear equally on all who are able to pay it. The brick duty is the subject of the 18th Report of the Commissioners of Excise Inquiry, issued in 1836. BRIDEWELL, a name frequently given to houses of correction. St. Bride's well, near the church of St. Bride, in Fleet Street, was one of the holy wells of London, and in its vicinity Edward VI. founded an hospital, which was afterwards converted into a receptacle for disorderly apprentices, in fact, into a House of Correction, for which purpose it is still used. Houses of correction in different parts of the country are called bride wells, in consequence of the hospital in Blackfriars having been the first place of confinement in which penitentiary amendment was a leading object. BRIDGES are of two classes, public and private. Public bridges may be considered either as county bridges or as seems clear that a county bridge must pass over a water, as the county would certainly not be bound to repair a bridge erected across a ravine, or over an ancient road crossed by a new road, having no reference to water. A county bridge may be either a foot, horse, or carriage bridge. A private bridge is any bridge which does not answer the description of a county bridge or a public highway. It is subject to no other laws than the general laws of property. The liability to repair a county bridge depends either on the common law or on the statute law. By the common law the expense of maintaining both county bridges and highways is to be defrayed by the public, this having been part of the trinoda necessitas to which every man's estate was formerly subject. [TRINODA NECESSITAS.] But the burden of repair of county bridges is thrown on the whole county, that of highways on the inhabitants of the parish wherein such highways lie. Prima facie, therefore, by the common law the whole county is liable to repair a county bridge; but they may rebut this presumptive liability by showing that for some reason or other the burden has been shifted from them on another. They may either show that a hundred, or a parish, or some other known portion of a county is by custom chargeable with the repair of a bridge erected within it; or that some person, Individual or corporate, is liable to that expense. In the case of private individuals, such liability may depend either on tenure; that is, by reason that they and those whose estate they have in the lands or tenements are liable in respect thereof; or on prescription. In the case of corporate bodies, on prescription only. With regard to corporate bodies, Lord Coke says, "If a bishop or prior, &c. hath at once or twice of almes repaired a bridge, it bindeth not (and yet is evidence against him, until he prove the contrary); but if time out of mind they and their predecessors have repaired it of almes, this shall bind them to it." (2 Inst. 700.) Any bridge answering the definition above given of a county bridge may become a charge upon the county even though not originally built by the county; as, for instance, if it be built by the crown or by a private individual: but not every bridge which answers the above definition is therefore chargeable to the county for repair, unless it be also used by and useful to the public. The public use and benefit seem to be the criterion and if a private individual build a bridge of any sort, which is principally for his own benefit and only collaterally of benefit to others, he will be liable to the repair, and not the public: but where the public derive the principal benefit, they must sustain the burden of repairing it, on the ground that it would greatly discourage public-spirited persons from erecting useful bridges if they were ever after to be burdened with the costs of repair. The county are even liable to the repair of a public bridge erected by commissioners under an act of parliament, even though the commissioners are empowered to raise tolls in order to support it, or though other funds are provided for the repairs; unless there be a special provision for exonerating them from the common law liability, or transferring it to others. This common law liability of a county to repair a public bridge is so strong, that although it has been erected and constantly repaired by trustees under an act of parliament, and although there are funds for the repairs, the county are still liable to repair it. And where trustees under a turnpike act build a bridge across a stream, where a culvert would have been sufficient, but a bridge was better for the public, it was held that the county could not refuse to repair such bridge on the ground that it was not absolutely necessary. The first statute on this subject is the 22 Henry VIII. c. 5, called "the Statute of Bridges." This statute is merely in affirmance of the common law. In course of time, owing to the indistinctness of the principle on which public bridges were divided into county bridges and highways, it was found expedient to pass an act to clear up the doubts and difficulties arising from this principle. In order, therefore, to ascertain more clearly the description of bridges hereafter to be erected, which inhabitants of counties shall and may be bound or liable to repair and maintain, it is enacted by stat. 43 Geo. III. c. 59, § 5, that no bridge hereafter to be erected in any county at the expense of any individual or private person, body politic or corporate, shall be deemed to be a country bridge, unless it shall be erected in a substantial and commodious manner under the direction or to the satisfaction of the county surveyor, or person appointed by the justices of the peace at quarter-sessions to superintend and inspect the work. This act applies only to bridges newly built, and not to those repaired or widened. It was found in very early times that many practical difficulties arose from the indistinctness of the common law as to the precise limits of a bridge-that is to say, as to the precise point where it ceased to be a bridge and began to be a highway; and vice versa. This indistinctness gave rise to many disputes about the liability to repair, and it was found expedient to enact, by stat. 22 Henry VIII. c. 5, § 9, that such part and portion of the highways as lie next adjoining to the ends of any bridges within this realm, distant from any of the said ends by the space of 300 feet, be made, repaired, and amended as often as need shall require; and that the justices of the peace should act respecting the repairs of such highways as they were empowered to act respecting the bridges themselves. The effect of this statute was merely to limit or fix the length of road which the county was to repair at 300 feet. By the common law the county was bound to repair the roadway at the end of every county bridge, but the length was not precisely determined till the passing of the above statute. But this liability of the county has been very much narrowed by the stat. 5 and 6 Will. IV. c. 50, § 21 (the General Highway Act), which, with respect to bridges to be built after the 20th of March, A.D. 1836, enacts, "that if any bridge shall hereafter be built, which bridge shall be liable by law to be repaired by and at the expense of any county, or part of any county, then and in such case all highways leading to, passing over, and next adjoining to such bridge shall be from time to time repaired by the parish, person, or body politic or corporate, or trustees of a turnpike road, who were by law, before the erection of the said bridge, bound to repair the said highways: provided, nevertheless, that nothing herein contained shall extend to exonerate any county or part of any county from repairing the walls, banks, or fences of the raised causeways and raised approaches to any such bridge or the land arches thereto." Till late years, no persons could be compelled to build or to contribute to the building of any new bridge, except by act of parliament; and even when the county was bound to repair a bridge, it was not therefore bound to widen it. Nor could the inhabitants of a county by their own authority change the situation of a bridge. But by the stats. 14 Geo. II. c. 33, § 1, and 43 Geo. III. c. 59, § 2, the justices in quarter-sessions are enabled to compel the county to widen or change the situation of old bridges, or build new ones. (See also 54 Geo. III. c. 90, which extends some of the provisions of those statutes.) With respect to the appointment of surveyors of county bridges, their duties and powers, and the modes in which such powers are to be exercised, see stats. 22 Hen. VIII. c. 5, § 4; 43 Geo. III. c. 59 (coupled with stat. 5 & 6 Will. IV. c. 50); 54 Geo. III. c. 90; 55 Geo. III. c. 143. The various provisions of these statutes are very numerous. For the mode of taxing and collecting the moneys necessary for the repairs of bridges and the highways at the ends thereof, see stat. 22 Hen. VIII. c. 5.; Anne 1. stat. 1, c. 18; 12 Geo. II. c. 29; 52 Geo. III. c. 110; 55 Geo. III. c. 143. In case of non-repair or nuisances, either to bridges or highways, the modes of prosecution are the same: namely, by criminal information, presentment, or indictment. Generally speaking, an action cannot be maintained against the county by an individual for the non-repair of a county bridge, unless in some cases of special damage accruing to such individual from the non-repair. A criminal information is very rarely resorted to, and only in cases of either very aggravated neglect, or where there seems to be little chance of obtaining justice by preferring an indictment. The presentment of a public bridge for non-repairs, &c. may by common law be before the King's Bench or at the Assizes. By the stat. 22 Hen. VIII. c. 5, § 1, presentments may be made before the justices in general sessions, and they may proceed therein in the same manner as the judges of the King's Bench were in the habit of doing, "or as it should seem by their directions to be necessary and convenient for the speedy amendment of such bridges." See also for minor regulations respecting presentments, 1 Anne, sess. 1, c. 18; 12 Geo. II. c. 29, § 13. 55 Geo. III. c. 143, § 5. The indictment of a county bridge is subject to the same rules as any other indictment. And though the whole county be liable to the repairs, any particular inhabitant of a county, or tenant of land charged to the repairs of a bridge, may be made defendant to an indictment for not repairing it, and be liable to pay the whole fine assessed by the court for the default of repairs, and shall be put to his remedy at law for a contribution from those who are bound to pay a proportionable share in the charge. The malicious destruction or damaging of public bridges is said to be punishable as a misdemeanour at common law, since it is a nuisance to all the king's subjects. By 7 & 8 Geo. IV. c. 30, § 13, it is enacted, "that if any person shall unlaw fully and maliciously pull down or in anywise destroy any public bridge, or do any injury with intent, and so as thereby to render such bridge, or any part thereof, dangerous or impassable, every such offender shall be guilty of felony." For further information, see Lord Coke's Second Inst.;' Burn's 'Justice;' Russell On Crimes.' For the law of bridges, viewed as highways, see WAYS. BRIEF (in law) means an abridged relation of the facts of a litigated case, with a reference to the points of law supposed to be applicable to them, drawn up for the instruction of an advocate in conducting proceedings in a court of justice. Briefs vary in their particular qualities according to the nature of the court in which the proceedings are pending, and of the occasion in which the services of an advocate are required; but in general they should contain the names and descriptions of the parties, the nature and precise stage of the suit, the facts of the litigated transaction, the points of law intended to be raised, the pleadings, the proofs, and a notice of the anticipated answers to the client's case. It is the practice to endorse on the brief the fee which is to be paid to the advocate; and the general usage is to pay the fee when the brief is delivered to the advocate, or at least as soon as he has discharged his undertaking by arguing the matter in court for which he is retained by the brief. BRIEF, commonly called CHURCH BRIEF, or KING'S LETTER. This instrument consisted of a kind of open letter issued out of Chancery in the king's name, and sealed with the privy seal, directed to the archbishops, bishops, clergymen, magistrates, church-wardens, and overseers of the poor throughout England. It recited that the crown thereby licensed the petitioners for the brief to collect money for the charitable purpose therein specified, and required the several persons to whom it was directed to assist in such collection. The origin of this custom is not altogether free from doubt; but as such documents do not appear to have been issued by the crown previously to the Reformation, they may possibly be de | rived from the papal briefs which, from very early periods of the history of the church, were given as credentials to mendicant friars, who collected money from country to country, and from town to town, for the building of churches and other pious uses. It is probable that, as soon as the authority of the pope ceased in England, these briefs began to be issued in the king's name. They appear to have been always subject to great abuse; and the 4 Anne, c. 14, after reciting that "many inconveniences arose and frauds were committed in the common method of collecting charity money upon briefs," enacted a variety of provisions for their future regulation, and, among others, prohibited, by heavy pe nalties, the practice which had previously prevailed, of farming briefs, or selling, upon a kind of speculation, the amount of charity-money to be collected. Still these provisions were evaded, and heavy abuses arose; and the collection by briefs in modern times was found to be a most inconvenient and expensive mode of raising money for charitable purposes. According to the instance given in Burn's Ecclesiastical Law,' tit. “Brief,” the charges of collecting 6144. 12s. 9d-, for repairing a church in Westmoreland, amounted to 3301. 16s. 6d, leaving therefore only a clear collection of 2834. 163. 3d. The patent charges amounted to 761. 3s. 6d., and the "salary" for 9986 briefs at 6d. each, to 2491. 13s., and an additional "salary" for London 51. This expensive and objectionable machinery (in the exercise of which the interests of the charity to be promoted were almost overwhelmed in the payment of fees to patent officers, undertakers of briefs and clerks of the briefs, charges of the king's printers, and other contingent expenses) was abolished by the 9 Geo. IV. c. 42, which wholly repealed the statute of Anne, except as to briefs then in course of collection. By the 10th section of 9 Geo IV. c. 42, it is enacted, “that as often as his Majesty shall be pleased to issue his royal letters to the Archbishops of Canterbury and York respectively, authorizing collection within their provinces for the purpose of aiding the enlarging, building, rebuilding, or repairing of churches and chapels in England and Wales, all contributions so collected shall be paid over to the treasurer of the 'Incorporated Society for promoting the enlargement, building, and repairing of churches and chapels,' and be employed in carrying the designs of the society into effect." This statute does not interfere with the authority of the crown as to granting briefs; its only effect is to abolish the machinery introduced by the statute of Anne. Briefs may be issued under the common law authority of the crown. The latest brief, or king's letter, was issued for the purpose of collecting subscriptions to relieve the distress of the manufacturing districts in 1842. BRIEF, PAPAL, is the name given to the letters which the pope addresses to individuals or religious communities upon matters of discipline. The Latin name is Brevis, or Breve, which in the Latinity of the lower ages meant an epistle or written scroll. The French in the old times used to say Brief for a letter, and the Germans have retained the word Brief with the same meaning to this day. The difference between a brief and a bull in the language of the Papal chancery is this: the briefs are less ample and solemn instruments than bulls, and are like private letters addressed to individuals, giving the papal decision upon particular matters, such as dispensations, release from vows, appointments to benefices in the gift of the see of Rome, indulgencies, &c.; or they are mere friendly and congratulatory letters to princes and other persons high in office. The apostolical brief is usually written on paper, but sometimes on parchment; it is sealed in red wax with the seal of the Fisherman (sub annulo Piscatoris), which is a symbol of St. Peter in a boat casting his net into the sea. (Ciampini, Dissertatio de Abbreviatorum Munere, cap. iii.) A bull is a solemn decree of the pope in his capacity of head of the Catholic church: it relates to matters of doctrine, and as such is addressed to all the members of that church for their general information and guidance. The bulls of excommunication launched by several popes against a king or a whole state are often recorded in history. The briefs are not signed by the pope, but by an officer of the papal chancery, called Segretario dei Brevi: they are indited without any preamble, and, as just observed, are written generally upon paper. The bulls are always on parchment, and sealed with a pendent seal of lead or green wax, representing on one side the heads of St. Peter and St. Paul, and on the reverse the name of the pope and the year of his pontificate: their name comes from the Latin " bulla," a carved ornament or stamp. The bulls of indulgences are general, and addressed to all the members of the church; the briefs of indulgences are addressed to particular individuals or monastic orders for their particular benefit. BROKER, a person employed in the negotiation and arrangement of mercantile transactions between other parties, and generally engaged in the interest of one of the principals, either the buyer or the seller, but sometimes acting as the agent of both. As it usually happens that brokers apply themselves to negotiations for the purchase and sale of some particular article or class of articles, they by that means acquire an intimate knowledge of the qualities and market value of the goods in which they deal, and obtain an acquaintance with the sellers and buyers as well as with the state of supply and demand, and are thus enabled to bring the dealers together and to negotiate between them on terms equitable for both. A merchant who trades in a great variety of goods and products drawn from different countries and destined for the use of different classes, cannot have the same intimate knowledge, and will consequently find it advantageous to employ several brokers to assist him in making his purchases and sales. There are separate brokers in London for nearly all the great articles of consumption. Ship-brokers form an important class in all great mercantile ports. It is their business to procure goods on freight or a charter for ships outward bound; to go through the formalities of entering and clearing vessels at the Custom House; to collect the freight on the goods which vessels bring into the port, and generally to take an active part in the management of all business matters occurring between |