Abettor

An instigator, or setter on; one that promotes, procures, or assists in, the commission of a crime; a principal in the second degree. The distinction between abettors and accessaries is the presence or absence at the commission of the crime. Co. Litt. 475; 81 111. 333; 44 Iowa, 104. Presence and participation are necessary to constitute a person an abettor. 4 Sharswood, Bl. Comm. 33; 1 Hall (N. Y.) 446; Russ. & R. 99; 9 Bing. N. C. 440; 13 Mo. 382; 1 Wis. 159; 10 Pick. (Mass.) 477. ABEYANCE (Fr. a66a2/er, to expect). In expectation, remembrance, and contemplation of law; the condition of a freehold when there is no person in being in whom it is vested. In such cases, the freehold has been said to be in nubibus (in the clouds), and in gremio legis (in the bosom of the law). It has been denied by some that there is such a thing as an estate in abeyance. Fearne, Cont. Rem. 513. See, also, the note to 2 Sharswood, Bl. Comm. 107.

An instigator, or setter on; one who promotes or procures the commission of a crime. Old Nat. Brev. 21. The distinction between abettors and accessaries is the presence or absence at the commission of the crime; Cowell; Fleta, lib. 1, cap. 34. Presence and participation are necessary to constitute a person an abettor; 4 Sharsw. Bla. Com. 33; Russ. & R. 99; 9 Bingh. N. C. 440; Green v. State, 13 Mo. 382; Connaughty v. State, 1 "Wis. 159, 60 Am. Dec. 370; White v. People, 81 111. 333; Doan v. State, 26 Ind. 495; King v. State, 21 Ga. 220. ABEYANCE (Fr. abbayer, to expect). In expectation, remembrance, and contemplation of law; the condition of a freehold when there is no person in being in whom it is vested. In such cases the freehold has been said to be in nubibus (in the clouds), in pendenti (in suspension), and in gremio legis (in the bosom of the law). It has been denied by some that there is such a thing as an estate In abeyance; Fearne, Cont. Rem. 513. See also the note to 2 Sharsw. Bla. Com. 107; 1 P. Wms. 516; 1 Plowd. 29. The law requires that the freehold should never, if possible, be in abeyance. Where there is a tenant of the freehold, the remainder or reversion in fee may exist for a time without any particular owner, in which case it is said to be in abeyance; Lyle v. Richards, 9 S. & R. (Pa.) 367; 3 Plowd. 29 a, 6, 36 a; 1 Washb. R. P. 47. It is a maxim of the common law that a fee cannot be in abeyance. It rests upon reasons that now have no existence, and it is not now of universal application. But if it were, being a common-law maxim, it must yield to statutory provisions inconsistent 'with it; Wallach v. Van Riswick, 92 U. S. 212, 2.3 L. Ed. 173. A glebe, parsonage lands, may be in abeyance; Terrett v. Taylor, 9 Cra. (IT. S.) 47, 3 I.. Ed. 650; Weston v. Hunt, 2 Mass. 500; 1 Washb. R. P. 4S; or a grant of land to charity; Town of Pawlet v. Clark, 9 Cra. (TJ. S.) 292, 332, 3 L. Ed. 735. So may the franchise of a corporation; Trustees of Dartmouth College v. Woodward, -1 Wheat (U. S.) 691, 4 L. Ed. 629. So, too, personal property may be in abeyance or Legal sequesl ' as in case of a vessel captured at sea from Adm. 139; 3 id. 97, n.; or the right r,f pj erty of a bankrupt, pending adjudication; Bank v. Sherman, 101 D. B. 403, 25 L Kd. m;»-.. See Dillingham v. Snow, 5 W Jewett v. Burroughs, 13 Mass. 4 ABIATICUS (Lat). A son's son; a.-n in the male line. Bpel. B spelled Aviations, bu Cange, Avius.

An instigator or setter on; one who abets, v. Abet.

In criminal law. An instigator, or setter on; one who promotes or procures another to commit a crime; a person who, being present or in the neighborhood, incites another to commit a crime, and thus becomes a principal. The distinction between abettors and accessaries is the presence or absence at the commission of the crime. Cowell; Fleta, lib. i, c. 34. Presence and participation are necessary to constitute a person an abettor. 4 Shars. Bl. Comm. 33; Russ. & R. 99; 9 Bing. N. C. 440; 13 Mo. 382; 1 Wis. 159; 10 Pick. 477.

[L. Lat. abettator, abbettator.] In criminal law. An instigator, or setter on, (incitator;) one who promotes or procures a crime to be committed; one who commands, advises, instigates, or encourages another to commit a crime, (qui alium ad facinus aliquod perpetrandum exacuit, tutaturve facturum.) O. N. Br. 21. Spelman, voc. Abbettator. Cowell. Now generally applied to a person present, either actually or constructively, at the commission of a crime, who does not commit it with his own hands, but assists, facilitates, or encourages its perpetration. 1 Russell on Crimes, 26, 27. 4 Bl. Com. 33. Sometimes called a principal in the second degree. Id. ibid. See Abet.