pire of Brazil at Exhibition of 1876) (Rio de Janeiro 1876); Fletcher, 'Brazil and the Brazilians' (1868); Graham, Journal of a Voyage to Brazil) (1824); Handelmann, 'Geschichte von Brasilien (1860); Hartt, Thayer Expedition Geology and Physical Geography of Brazil (1870); Henderson, A History of Brazil (1821); Heriate, 'Descripcão do estado Maranhão, etc.) (Vienna 1874); Herndon and Gibbon, Exploration of the Valley of the Amazon' (Washington, Public print., 1853-54); U. S. 32 Cong.-Senate, Exec. doc. No. 36; Homem de Mello Integração da nacionaledade Brazilaira (Rio de Janeiro 1895); Kidder and Fletcher, Brazil and the Brazilians) (1857); Koster, Travels in Brazil' (1817); La Grasserie, Lois civiles du Brésil (1897); Lery, 'Reise in Brasilien) (Münster 1794); Lopes de Sousa, Diario da navegação' (Lisboa 1839); Magalhaes de Gandova Histoire de la Province de Sancta-Cruz.' In Ternaux-Compans' Voyages, etc. (1837-41); Moreira, Agricultural Instructions for Those Who May Emigrate to Brazil' (1876); Negociaciones entre la repub. orient. de Uruguay y el imp. de Brasil (Rio de Janeiro 1858); Southey, History of Brazil' (1810-19); Stade, Captivity Among the Wild Tribes of Eastern Brazil' (Hakluyt Soc. 1874);

'Statement submitted to the President of U. S. as arbitrator' (New York 1894); Todd, 'Report on Voyage of U. S. S. Wilmington up the Amazon River (Washington, Gov't Print., 1890); Varnhogen, 'Examen de quelques points de l'histoire geographique (1858); Historia geral do Brazil (Rio de Janeiro 1876); Historia das lutas com os Hollendezes' (Lisbon 1872); Warren, 'Para; or Scenes and Adventures on Banks of Amazon (1851); Wied-Neuwied (Prince), Travels in Brazil' (1820); Zeballos, Argument for the Argentine Rep. Upon the Question With Brazil in Regard to Territory of Misiones' (Washington_1894).

MARRION WILCOX,

Authority on Latin-America.

Brazil', Ind., a city and county capital of Clay County, 16 miles northeast of Terre Haute. It is an important railroad centre and in its vicinity are rich mines of block coal. Inexhaustible deposits of clay and shales are also found here and the city contains manufactures of pumps, tiles, machinery, etc. Brazil was incorporated in 1873, is governed by a mayor, elected quadrennially, and a city council; has a public library and controls its own waterworks. Pop. (1900) 7.786.

Brazil-cabbage, or Chow Caraibe (Caladium sagittifolium or Xanthosoma sagittifolium), a West Indian plant of the natural order Arace@, widely cultivated in the tropics for its starchy edible tubers, which are used like potatoes, and its succulent leaves, which are cooked like spinach. The plant almost entirely lacks the acrid principle which characterizes other members of

the order.

Brazil-nut, Castanea, Cream Nut, Niggertoe, Para Nut, the seeds of two species of Brazilian trees, the only ones of their genus, of the natural order Myrtacea. The better known species, Bertholletia excelsa, is a tree which often attains a height of 150 feet and a diameter of four feet. It has bright green, leathery leaves, two feet long and six inches wide, and creamcolored flowers followed by very hard-shelled

BRAZING

fruits about six inches in diameter, containing about 20, three-sided, wrinkled seeds which are largely exported from Para and from ports of French Guiana. They are used for dessert and confectionery and for the manufacture of an expressed oil used in oil painting, lubricating, and lighting. Though of stately dimensions, the tree is of little decorative use. It covers extensive tracts in northern Brazil, and is especially abundant along the Amazon and Orinoco rivers. The seeds of the monkey-pot tree, known as sapucaia nuts (q.v.), are considered superior to Brazil-nuts, but are not yet commercially important, owing to the distance they must be transported from the interior country.

Brazil Tea, a drink prepared from the leaves of Ilex paraguensis. See MATÉ.

Brazil-wood. A dark-red or brown dyewood exported from the West Indies, Brazil, and other South American countries. Various grades appear in the market under diverse names, such as Pernambuco wood (Casalpinia echinata), St. Martha wood, and All Saints' wood, which are most valued. Except in a few cases botanists have not definitely determined the species which furnish the different grades, but large quantities are derived from C. brasiliensis, a small tree, bipinnate leaves, and flowers in panicles. It is indigenous in rocky ground, especially in the West Indies. The valuable part is the heart-wood, of which there is but little when compared with the thick, valueless sap-wood. This useful part is at first light colored, but becomes dark when exposed to light, air, moisture, etc. Formerly it was largely used in dyeing, but coal-tar dyes and other manufactured dyes have generally supplanted it. It is still used in ink-making. The name is said to be derived from Braxilis, not Brazil, since sappan wood, which is believed to be identical, was used prior to the discovery of America.

Brazilian Grass, an incorrect name popularly applied to a substance used in the manufacture of a very cheap kind of hats, known as It Brazilian grass hats, and also as chip hats. consists of strips of the leaves of a palm. Cham@rops argentea, which are imported for this manufacture, and chiefly from Cuba.

Brazilian Pebble, a colorless and transparent variety of quartz, used for high-grade lenses.

Braz'ing, or Brass-soldering, the process of uniting two pieces of brass, two pieces of copper, or one of each by means of a hard solder,

that is, a solder which fuses at a comparatively high temperature. The solder is applied in the form of a coarse powder, and is always mixed with borax, to prevent the oxidation of the metals soldered together. It is usual to moisten this mixture with water before spreading it over the surfaces to be joined. When the solder has been applied in this state, the pieces of metal are slowly heated, by which the water is made to evaporate, leaving a crust of the solder on the parts where it is required. The pieces are then exposed to a stronger heat, until the borax melts and fluxes the solder, which suddenly flushes the joints of the pieces of metal, and thus unites the two surfaces, making them into one piece. The whole is now allowed to cool, and is afterward dressed with a file. Pieces of metal united in this way are held together as firmly as if they were only one piece.

Brazos, brä'zōs, formerly called Brazosde-Dios, a large river in Texas, rising in the elevated region of northwestern Texas, once known as the Staked Plain, between the parallels of 33 and 34°. It flows southeastward between the Colorado and Trinity, and after a course of about 900 miles falls into the Gulf of Mexico, between Quintana and Velasco, 40 miles westsouthwest of Galveston. It is navigable by steamers during the wet season for about 300 miles. Among the towns on its banks the chief is Waco, about halfway from its mouth, now an important railway centre. The cotton plantations on the Brazos are highly productive.

Brazos de Santiago, da sän-te-ä'go, Texas, a village 30 miles east of Brownsville, on the northern bank of the Rio Grande, in Cameron County. The battles of Palo Alto and Resaca de la Palma, in 1846, were fought about half way between Brazos and Matamoras. It carries on much coasting and foreign trade, although a shifting sand bar is a serious obstacle to its

commerce.

Brazza, brät'są (ancient BRACHIA), an island of Austria, in the Adriatic Sea, belonging to Dalmatia, of which it constitutes a separate administrative district; lat. 43° 16' N.; lon. 16° 37 E. It is 24 miles long, and from five to seven broad; contains 20 villages, and is separated from the mainland by a channel 12 miles broad, which affords excellent anchorage for shipping. The island is mountainous and well wooded; and in the valleys vines are grown, from which are made the best wines in Dalmatia. It produces also good oil, almonds, and saffron, and grain in small quantity. Much attention is paid to the cultivation of bees and silk-worms. The chief town, St. Pietro di Brazza, has a small port, defended by a mole. At Milna there is a considerable shipbuilding yard. Pop. (1900) 24,465.

Brazza-Savorgnan, Pierre Paul François Camille, pē-ar pōl fran-swä kä-měl brät-sasä-vôr-nyan, French explorer: b. on board ship, off Rio de Janeiro, Brazil, 26 Jan. 1852. He entered the French navy in 1875, after becoming a naturalized French citizen, and during 1876-8 explored the Ogowe and Congo regions of Africa, and made treaties between France and the natives, founding Franceville and several other villages. In 1886 he was made governor of the French Congo and Gaboon colonies, which he had thus secured. Brazzaville on the Congo River is named after him. After a sojourn in France, he returned to Africa in 1890 as commissioner-general of the whole of French Congo. The next six years were spent in explorations and securing of French authority in central Africa, after which, in 1897, he returned to France.

Brazzaville, brät'sa-vēl, a town on the French side of the Congo at the lower end of Stanley Pool. It stands nearly opposite Leopoldville, in the Congo Free State. See BRAZZASAVORGNAN.

Breach, the aperture or passage made in the wall of any fortified place, by the ordnance of the besiegers, for the purpose of entering the fortress. They should be made where there is the least defense, that is, in the front or face of the bastions. In order to divide the resistance of the besieged, breaches are commonly

Vol. 3-18

BREACH

made at once in the faces of the attacked bastions and in the ravelin. This is effected by battering, and at such places as the cannon do not reach, by the aid of mines. The breach is called practicable if it is large enough to afford some hope of success in case of an assault. This is generally considered to be the case if it allows a passage to 14 men abreast. Frequently, however, a breach of much less extent, even of half that width, may be entered.

Breach, any violation of law or obligation. A continuing breach is one where the condition

of things constituting a breach continues during a period of time, or where the acts constituting a breach are repeated at brief intervals. In pleading, a breach is that part of the complaint in which the violation of the defendant's contract is stated. It is usual in assumpsit, where the common-law rules of pleading are still in force, to introduce the statement of the particular breach, with the allegation that the defendant, contriving and fraudulently intending craftily and subtilely to deceive and defraud the plaintiff, neglected and refused to perform, or performed the particular act, contrary to the previous stipulation. In debt, the breach or cause of action complained of must proceed only for the nonpayment of money previously alleged to be payable; and such breach is very similar whether the action be in debt on simple contract, specialty, record, or statute.

Breach of Promise of Marriage. An action lies for this on the part of either man or woman, though, as a rule, only the latter is believed to be substantially injured or deserve damages. There must be a legal and valid consideration, but as there are always mutual promises they are a sufficient consideration for each other. The minds of the parties must meet; that is, there must be a request or proposition on the one side and an assent on the other. If the com

munications between the parties are verbal, the dence and proof. The exact words or time or only questions which usually arise relate to evimanner of the promise need not be proved, but it may be inferred from the conduct of the parties and from the circumstances which usually attend When the parties are at a distance from each a promise to marry. (15 Mass. 1; 2 Penn. St. 80.) other, and the offer is made by letter, it will be presumed to continue for a reasonable time for the consideration of the party addressed, and if accepted within a reasonable time, and before it is expressly revoked, the contract is then complete.

third clause of the fourth section of the statute A promise of marriage is not within the of frauds, relating to agreements made upon consideration of marriage; but if not to be performed within one year it is within the fifth clause, and must therefore be in writing in order to be binding. If no time be fixed and agreed upon for the performance of the contract, it is in contemplation of law a contract to marry within a reasonable period after request, and either party may call upon the other to fulfill the engagement, and in case of default may bring an action for damages. If both parties lie by for an unreasonable period, and do not treat the contract as continuing, it will be deemed to be abandoned by mutual consent. The defenses which may be made to an action for breach of promise of marriage are, of course, various; but

it is only necessary to notice in this place such as are in some degree peculiar. Thus, if either party has been convicted of an infamous crime, or has sustained a bad character generally, and the other was ignorant of it at the time of the engagement; or if the woman has committed fornication, and this was unknown at the time to the man who promised to marry her; or if the woman is deeply involved in debt at the time of the engagement, and the fact is kept secret from her intended husband; or if false representations are made by the woman, or by her friends in collusion with her, as to her circumstances and situation in life and the amount of her fortune and marriage portion,- any of these facts, if properly pleaded, will constitute a good defense. If after the engagement either party is guilty of gross misconduct, inconsistent with the character which he or she was fairly presumed to possess, the other party will be released. If the woman insists upon having her property settled to her own personal use, it is said that this will justify the man in breaking off the engagement. So, if the situation and position of either of the parties as regards his or her fitness for the marriage relation is materially and permanently altered for the worse (whether with or without the fault of such party) after the engagement, this will release the other party.

Breach of Warranty.- In sales of personal property an express warranty is one by which the warrantor covenants or undertakes to insure that the thing which is the subject of the contract is, or is not, as there mentioned; as that a horse is sound, that he is not five years old, etc.

An implied warranty is one which, not being expressly made, the law implies by the fact of the sale. For example, the seller is understood to warrant the title of goods he sells, when they are in his possession at the time of the sale. (1 Ld. Raym. 593.) In general there is no implied warranty of the quality of the goods sold. The rule of the civil law was that a fair price implied a warranty of quality. This rule has been adopted in Louisiana and South Carolina. There may be an implied warranty as to character, and even as to quality, from statements of the seller, or a purchase for a specified purpose. Any substantial failure, in the article supplied to the buyer in pursuance of the contract of sale, to come up to the quality warranted, amounts to a breach of the warranty, and proof of it establishes the buyer's right to an action therefor. This rule applies to all cases where the remedy sought is by an action on the warranty for damages, or by way of set-off in a suit for the purchase-money; in such cases the buyer is bound to prove the breach and the damages suffered by him in consequence of it, and can recover only to the extent of the damage so proved. A warranty of soundness does not extend to a visible defect. A vendor of personal property is not liable for latent defects, known to him, but unknown to the purchaser, unless he has used some artifice to deceive the purchaser in regard to such defects or has warranted the article. Where an article is warranted as fit for a certain purpose, the seller is liable for an injury sustained by the vendee in consequence of its unfitness. Under an executory contract to sell goods in transitu, the vendor is obliged to tender a merchantable article. On a sale of an article known to be intended for food there is an implied warranty that it is sound, wholesome,

and fit to be used as an article of food. (15 Hun, 504.) The authority of an agent to warrant goods sold will be implied where it is usual in the market to give a warranty on the sale of such goods; such authority, however, will be implied only as to goods sold at the time of the warranty, which will not extend to subsequent sales in the absence of express warranty.

Breach of Duty.-The non-performance of a duty, or the performance of it in such a manner that injury is done to one's employer, through want of integrity or due diligence and skill. It is assumed that there is an implied contract between an employer and the person that he employs, according to which the latter agrees to perform the duties entrusted to him in such a manner that the interests of his employer shall not suffer. In case of breach of duty, what is called an action of assumpsit - that is, an action for the recovery of damages for the nonperformance of a promise, which, though not under seal, is yet founded on proper consideration-may be brought by the one who has sustained an injury, against the persons by whom the breach has been committed.

Breach of Peace.- The taking part in any riot, affray, or tumult, which is destructive to the public tranquillity, or the causing others to do anything to injure the public tranquillity. The former are actual, the latter constructive breaches. In both cases the breach of the peace may be either felonious or not felonious. The felonious breaches of the peace are three in number: (1) The riotous assembling of 12 or more persons, and not dispersing upon proclamation; (2) the riotous demolishing of churches, houses, buildings, or machinery; (3) maliciously sending, delivering, or uttering, or directly or indirectly causing to be received, knowing the contents thereof, any letter or writing threatening to kill or murder any person. The remaining offenses are not felonious, and include: (1) affrays; (2) riots, routs, and unlawful assemblies, which must have at least three persons to constitute them; (3) tumultuously petitioning; (4) forcible entry or detainer, which is committed by violently taking or keeping possession of lands or tenements with menaces, force, and arms, and without the authority of the law; (5) riding, or going armed, with dangerous or unusual weapons, terrifying the good people of the land; (6) spreading false news; (7) false and pretended prophecies, with intent to disturb the peace. Finally, there are two constructive breaches of the peace, namely, challenging another to fight, or bearing such a challenge, and the making public by either printing, writing, signs, or pictures, malicious defamations of any person, especially a magistrate, in order to provoke him to wrath or expose him to public hatred, contempt, and ridicule.

Breach of Trust.- A violation of duty by a trustee, executor, or any other person in a fiduciary position. A trustee is not permitted to manage an estate entrusted to him, in such a manner as to derive any advantage to himself, and at the same time he is bound to manage it in such a manner that the person for whom he has it in trust shall reap from it the greatest possible advantage. Accordingly money held in trust by a trustee must be invested by him in government stock, or in certain other special securities, for the behoof of him for whom he has the money in trust; and if he has not done