Brandy

A spirituous liquor
made of wine by distillation. See Stat.
22 Cor. 2, c.

BREACH, contract , torts, the viola-
tion of an obligation, engagement or
duty; as a breach of covenant is the
non-performance of a covenant ; the
breach of a promise is non-performance
of a promise; the breach of a duty, is
the refusal or neglect to execute an
office or public trust, according to law.

2. — In general the remedy for
breaches of contracts, or quasi con-
tracts, is by a civil action.

3. — A breach of the |>ence is nn un-
lawful disturbance of the public peace

or tranquillity, whether the offence l»e
against the public generally, or against
the persons or projjerty of individuals.
An act of public indecorum is also a
breach of the peace. The remedy for
this offence is by indictment. Vide
Peace.

4. — Breach of prison is the actual or
constructive effraction of a prison by a
prisoner and making his esca|x?. 1
Russ. Cr. 378; 4 HI. Com. 129; 2
Hawk. P. C. c. 18, s. 1 ; 7 Conn. 752.
The remedy for this offence is by in-
dictment. See Escajw.

5. — Breach of trust is the wilful mis-
appropriation, by a trustee, of a thing
which had been lawftdly delivered to
him in confidence.

0. — The distinction between larceny
and a breach of trust is to be found
chiefly in the terms or way in which
the thing was taken originally into the
party’s possession ; and the rule seems
to be, that whenever the article is ob-
tained upon a fhir contract, not for a
mere temporary purpose, or by one
who is in the employment of the deli-
verer, then the subsequent misappro-
priation is to be considered as an act of
breach of trust. This rule is, how-
ever, subject to many nice distinctions.
15 S. & R. 93, 97. It has been ad-
judged that when the owner of goods
parts with the possession for a particu-
lar purpose, and the person who re-
ceives them avowedly for that purpose,
has at the time a (Vaudulent intention
to make use of the possession as the
means of converting the goods to his
own use, and does so convert them, it
is larceny ; but if the owner part with
the property, although fraudulent means
have been used to obtain it, the act of
conversion is not larceny. Ib. Alis.
Princ. c. 12, p. 354.

Brf.ach, pleading , is that part of
the declaration in which the violation
of the defendant’s contract is stated.

2. — It is usual in assumpsit to intro-
duce the statement of the particular
breach, with the allegation that the de-
fendant contriving and fraudulently in-
tending craftily and subtilely to deceive
und defraud the plaintiff, neglected and

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BRE

BRE

refused to perform, or performed the
particular act, contrary to the previous
stipulation.

3. — In debt the breach or cause of
action complained of must proceed only
for the non-payment of money previ-
ously alleged to be payable ; and such
breach is nearly similar, whether the
action bo in debt on simple contract,
specialty, record or statute, and is usu-
ally of the following form : “ Yet the
said defendant, although often request-
ed so to do, hath not ns yet paid the said

sum of dollars, above demanded,

nor any part thereof, to the said plain-
tiff, but hath hitherto wholly neglected
and refused so to do, to the damage of

the said plaintiff dollars, and

therefore he brings suit, &c.

4. — The breach must obviously be
governed by the nature of the stipula-
tion ; it ought to be assigned in the
contract, either negatively or affirma-
tively, or in words which arc co-ex ten-
sive with its import and effect. Com.
Dig. Pleader, C 45 to 40 ; 2 Saund.
181, b, c; 6 C ranch, 127 ; and see 5
John. R. 168; 8 John. R. Ill; 7
John. R. 376 ; 4 Dali. 436 ; 2 Hen. &
Munf. 446.

5. — When the contract is in the dis-
junctive, as, on a promise to deliver a
horse by u particular day, or pay a
sum of money, tlio breach ought to be
assigned that the defendant did not do
the one act nor the other. 1 Sid. 410 ;
llnrdr. 320; Com. Dig. Pleader, C.