abatement

the principle takes the more general form of imputing to Congress an intention to avoid inflicting punishment at a time when it can no longer further any legislative purpose, and would be unnecessarily vindictive

(Fr. ahattre. Law Fr. abater, signifying to throw down). In Practice. A suspension of all proceedings in a suit, from the want of proper parties capable of preceding therein, as on the death of a party pending the suit. 2 Paige (N. Y.) 211. In modern practice the term signifies gen- Abatement in chancery differs from an abatement at law in this: That in the latter the action is entirely dead, and cannot be revived in the absence of statute (3 Bl. Comm. 168), but in the former the right to proceed is merely suspended, and may be revived by a supplemental bill in the nature of a bill of revivor (21 N. H. 246; Story, Eq. PI. § 354; Mitf, Eq. PI. [by Jeremy] 57. In Pleading. The overthrow of an action caused by the defendant pleading some matter of fact tending to impeach the correctness of the writ or declaration, and which defeats the action for the present, but does not debar the plaintiff from recommencing it in a better way. Steph. PI. 47; 3 Bl. Comm. 168; 1 Chit. PI. (6th London Ed.) 446; Gould, PL c. 5, § 65. It has been applied rather inappropriately as a generic term to all pleas of a dilatory nature; whereas the word "dilatory" would seem to be the more proper generic term, and the word "abatement" applicable to a certain portion of dilatory pleas. Comyn, Dig. "Abatement" (B); 1 Chit. PL (6th London Ed.) 440; Gould, PL c. 5, § 65. In this general sense it has been used to include pleas to the jurisdiction of the court. In Contracts. A reduction made by the creditor for the prompt payment of a debt due by the payer or debtor. Weskett, Ins. 7. Of Customs Duties. The deduction from, or the refunding of, duties sometimes made at the custom house, on account of damages received by goods during importation or while in store. See Act Cong. March 2, 1799, § 52; 1 Story, U. S. Laws, 617; Andrews, Rev. Laws, §§113, 162. Of Legacies. The reduction of a legacy, general or specific, on account of the insufficiency of the estate of the testator to pay his debts and legacies. When the estate of a testator is insufficient to pay both debts and legacies, it is the rule that the general legacies must abate proportionably to an amount sufficient to pay the debts. See "Ademption." Of Nuisances. The prostration or removal of a nuisance, whether by action, or summarily by an individual. 3 Bl. Comm. 5. See "Nuisance." Of Taxes. A diminution or decrease in the amount of tax imposed upon any person. The provisions for securing this abatement are entirely matters of statute regulation (5 Gray [Mass.] 365; 4 R. I. 313; 30 Pa. St. 227; 18 Ark. 380; 18 IlL 312), and vary in the different states.

In pleading. The effect produced upon an action at law, when the defendant pleads matter of fact showing the writ or declaration to be defective and incorrect. This defeats the action for the time being, but the plaintiff may proceed with it after the defect is removed or may recommence it in a better way. In England, in equity pleading, declinatory pleas to the jurisdiction and dilatory' to the persons were (prior to the judicature act) sometimes, by analogy to common law, termed "pleas in abatement."

In chancery practice. The determination, cessation or suspension of all proceedings in a suit, from the want of proper parties capable of proceeding therein, as upon the death of one of the parties pending the suit See 2 Tidd, Pr. 932; Story, Eq. PL I 354; Witt v. Ellis, 2 Cold. (Tennt) 38.

In mercantile law. A drawback or rebate allowed in certain cases on the duties due on imported goods, in consideration of their deterioration or damage suffered during importation or while in store. A diminution or decrease in the amount of tax imposed upon any person. In contracts. A reduction made by the creditor for the prompt payment of a debt due by the payor or debtor. Wesk. Ins. 7. Of legacies and debts. A proportional diminution or reduction of the pecuniary legacies, when the funds or assets out of which such legacies are payable are not sufficient to pay them in full. Ward, Leg. p. 369, c. 6, § 7; 1 Story, Eq. Jur. § 555; 2 Bl. Comm. 512, 513; Brown v. Brown. 79 Vn. 648; Neistrath's Estate, 66 Cal. 330, 5 Pac. 507. In equity, when equitable assets are insufficient to satisfy fully all the creditors, their debts must abate in proportion. and they must be content with a dividend ; for œquitas est quasi œqualitas.

In pleading. Theeffeot produced upon an action at law, when the detendant pieads matter of fact showing the writ or declaration to be defective and incorrect. This defeats the action for the time being, but the plaintiff may proceed with it afler the defect is removed, or may recommence it in # better way. In England, in equity pleading, declinatory pleas to the ju- Tigiliction and dilatory to the persons were (prier to the judicature acl) sometimes, by analogy to common law, termed “pleas in abatement.” “ In chancory practice. The determination, cessation, or suspension of all proceedings in a suit, from the want of proper parties capable of proceeding therein, as upon the death of one of the parties pending the suit. See 2 Tidd, Pr, 9382; Story, Eq. Pl. § dod.

In mercantile law. A drawback or rebate allowed in certain cases on the duties due on imported goods, in consideration of their deterioration or damage suffered during importation, or while in store. A diminntion or deereuse in the amount of tax imposed upon any person. In contracts. A reduction made by the creditor for the prompt payment of adebi due by the payor or debtor. Wesk. Ins. 7. Of legacies and debts. <A proportional diminution or reduction of the pecuniary legucies, when the tunis or assets out of which sucli legacies are payable are not sufficient to pay theminfall, Ward, Leg. p. 369, c. 6, $7; 1 Story, Eq. Jur. § 555; 2 Bl. Comm. 512, 618. In equity, when equitable assets are they must be content with a dividend; for eguttas esi quasi equalitas.

[L.Lat. abatam^ntum.] The act of abating; the state of being abated. See Abate; and infra. Abatemsnt of a nuisance. The taking away of a nuisance by pulling, cutting, or breaking it down, or otherwise removing or destroying it.* The remedy winch the law allows a party injured by a nuisance, of destroying or removing it by his own act, so as he commits no riot in doing it, nor occasions (in the case of a private nuisance,) any damage beyond what the removal of the mconvenience necessarily requires. 3 Bl. Com. 6, 168. 3 Steph. Cam. 861. 2 Salk. 468. 1 Chitt. &en. Pract. 647—656. 2 Crahb*s Real Prop. 1078, § 2476. Abatement of freehold. [L. Lat. abatamtntum.] The overthrow of a freehold by the unlawful entry of a stranger, where the possession is vacant. The act of a stranger in entering upon lands, after the death of the ancestor, or person last seised, and before the entry of the heir, devisee, or person next entitled, and keeping the latter out of possession. Co. Litt. 277 a. 3 BL Com. 168. 3 Steph. Com. 482. 2 Crahb's Real Prop. 1063, § 2454 b. A species of ouster of the freehold, the technical peculiarity of which consists in its being effected by intervention, that is, by stepping in, or interposing between the ancestor and heir. Hence called in the books an entry by interposition. Co. Litt. 277 a. Abateiouit among legatees. [L. Lat. defalcation The proportionate reduction^ or diminution which legatees are subject to have made in the pecuniary legacies bequeathed to them, when the funds or assets out of which such legacies are payable, are not sufficient to pay them in full. 2 Fonhl. Equity, 369. Ward on Legacies, 369, ch. vi. sec. vii. 1 Story's Equity Jurispr. § 555. Bract, fol. 61 a. 2 BL Com. 512, 613. Abatement in pleading. [L. Lat. cassatio.] The defeating, overthrowing, prostration,'qiiashing, or putting an end, for the present, to a writ or action, by some matter of fact pleaded by a defendant; the plea itself being termed a plea in abatement. Co. Litt. 134 b. 277 a. 3 BL Com, 168. St^h. PL 47, Appendix, Note (22). See Plea in abatement. Abatement in practice. The cessation or determination, (falling, or dropping) of a suit, or the suspension of all proceedings in it, from the want of proper parties capable of proceeding therein; as in consequence of the death of one of the parties during its pendency. 2 Archh, Pr. 299. 2 Tidd's Pract. 932. Story's Eq. Plead. § 354. 6 Whea Um's R. 260. See Cadere. At common law, a suit when abated is absolutely dead, but in equity, a sut when abated is, (if such an expression be allowable,) merely in a state of suspended animation, and may be revived. Story's Eq, PL ub. sup.

contracts, is a reduction made by the creditor, for the prompt payment of a debt due 4 the payor or debtor. Wesk. on ns. 7