A Dictionary of Law

Fr. (1. Lat. habendum et tenendum.) To have and to hold. Oo, Litt. $§ 528, 524. A aver et tener a luy ét @ ses heires, a touts jours,—to have and to hold to him and his heirs forev

Lat. An officer having charge of acta, public records, registers, journals, or minutes; an officer who entered on record the acta or proceedings of a court; a elerk of court; a not

In Roman law. A cattle thief; a driver away of cattle and other animals; one who stole cattle in numbers; one who abstracted cattle from the herd, intending to steal them. Also cul

In Spanish law. Land owned by an ecclesiastical corporation, and therefore exemyt from taxation. In particular, lands or towns under the dominion and jurisdiction of an abbot.

Disabled from acting; unable to act; incapacitated for business or transactions of any kind.

In Romanlaw. The perfect conveyance or transfer of property from one Roman citizen to another. ‘This ferm gave placo to the simple alienatio, which is used in the Digest and Instit

Lat. In thecivillaw. A preat-preat-grandfather’s sister, (abavi soror.) Inst. 3, 6, 6; Dig. 38, 10, 3. Called amita maxima. Id. 38, 10, 10,17. Called, in Bracton, abamita magna. Br

To desert, surrender, relinquish, give up, or cede. See ABANDON-

A party to whom aright or property is abandoned or relinquished by another. Applied to the insurers of vessels and cargoes. Lerd Ellenborough, C. J., 5 Maule & S. 82; Abbott, J., I

The surrender, re- The giving up a thing absolutely, without reference to any particular person or purpose; as throwing a jewel into the highway; leaving athing to itself, as a ves

In the civil law. The act of a person who was sued in a noxal action, i. e., fora tort or tresanimal to the person injured, whereby he saved himself from any further responsibility

or ABANDUM. Anything sequestered, proscribed, or abandoned. Abandon, i, 2., in bannum res missa, a thing banned or denounced as forfeited or lost, whence to abandon, desert, or for

Inadvance. Thus, a legislature cannot agree ab ante to any modilication er amendment to a law which a third person may make. 1 Sum. 308. ™

BSBeforehand; in advanee,

Of old; of an ancient date. Ab assuetis non fit injuria, From things to which one is accustomed (or in wiich there has been long acquiescenee}no legal injury or wrong arises. if a

Lat. To detect or discover, and disclose toa magistrate, any secret crime. Leges Canuti, cap. 10.

Lat. Inald Enplish law, An abatement of freehold; &n entry Bpon lands by way of interposition between the death of the ancestor and the entry of the heir. Co. Litt. 277a; Yel. 151.

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 acti

The removal, prostration, or destruction of that which causes a nuisance, whether by breaking or pulling it down, or otherwise removing, disintegrating, or effacing it. The remedy

This takes place where a person dies seised of an inheritanee, and, before the heir or devisee enters, a stranger, having no right, makes a wrongful entry, and gets possession of i

Anything diminished. Moneta abatnda is money clipped or diminished in value. Cowell; Dufresne,

Lat. In the civil law. A

A great-great-grandfather’s sister. Bract. fol. 686. This is a misprint for ebamiia, (q. v-) Burrill.

Lat. In the civil law. A great-great-grandmother's brother, (abaviae frater.) Inst. 3, 6, 6; Dig. 38, 10, 3. Called avunculus maximus. Id. 38, 10, 10, 17. Called by Bracton and Fle

Lat. In the civil law. A great-great-grandfather. Inst. 3, 6, 4; Dig. 38, 10, 1, 6; Bract. fol. 67a.

The government ofa religious house, and the revenues thereof, subject to an abbot, as a bishopric is to a bishop. Cowell. The rights and privileges of an abbot.

A society of religious persons, having an abbot or abbess to preside over them.

The spiritual superior or governor of an abbey or monastery. Feminine, Abbess,

In Scotch law. An abstract of the decree of adjudication, and of the lands adjudged, with the amount of the debt. Adjudication is that diligence (execution) of the law by which the

Shortened conventional expressions, employed as substitutes for names, phrases, dates, and the like, for the saving of space, of time in transcribing, ete. Abbott. - Abbreviationum

An abstract of ancient judicial records, prior to the Year Books. See Steph. Pl. Append. xvi.

In criminal law. The offense of taking away a man’s wife, child, or ward, by fraud and persuasion, or open violence. 3 BI. Comm. 139-141. The unlawful taking or detention of any fe

Behavior; as a recognizance to be of good abearance signifies to be of good behavior. 4 Bl. Comm. 251, 256

Lat. An officer having charge of the correspondence (epistol@) of his superior or sovereign; a secretary. Caivin.; Spiegelius.

: (From Sax. abere, apparent, notorions; and mord, murder.) Plain or downright murder, as distinguished from the less heinous crime of manslaughter, or chance medley. It was declar

Lat. In the civillaw. To be absent; to be away froma place. Said ofa person who was extra continentia urbis, (beyond the suburbs of the city.)

In criminallaw. To encourage, incite, or set another on to commit a crime. To abet another to commit a murder is to command, procure, or counsel him to commit it. Old Nat. Brov. 21

Lat. In old English law. An abettor. Fleta, lib. 2, ¢. 65, § 7. See ABETTOR,

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

In the law of estates. Expectation; wailing; suspense; remembrance and contemplation in law. Where there is no person in existence in whom an inheritance can vest, if is said to be

or Aviaticus. L. Lat. In feudal law. <A grandson; the son of a son. Spelman; Lib. Feud., Baraterii, tit. 4, cited Id.

To “abide the order of the court” means to perform, execute, or coniorm to such order. 8 Cush. 297; 7 Tex. App. 38; 108 Mass. 585. A stipulation in an arbitration bond that the par

In Scotch law. A judicial declaration that the party abides by the Unless this be done, a decree that the deed is false will be pronounced. Pat. Comp. it has the effect of pledging

Intheciviliaw, Cattle stealers; those who drove away cattle or other animals, with the intention of stealing them, A rarer form of abiget, (q. vy.) Calvin.

Lat. (From abiyere, to drive away.} In the civil law. The offense of stealing or driving away cattle. Dig. 47, 14, 2.

Lat. Inthecivil law. Cattle stealers. Dig. 47, 14, 1,1. Calvin.; Brissonius; 4 Bl. Comm. 239. See Abi Geus.

Lat. (From ab, from; and agere, to drive.) In the civillaw. To drive away. Appliedto those who drove away sninals with the intention of stealing them. Dig. 47, 14, “De abigeis.” Ap

To drive out; to expel by force; to produce abortion. Dig. 47, 11, 4.

Lat. (From abigere, to drive away.) In the civil law. A stealer of cattle; one who drove or drew away (subtraxit) cattle from their pastures, as horses or oxen from the herds, and

When a statute makes it a ground of divoree that the husband has neglected to provide for his wife the common necessaries of life, haying the ability to provide the same, the word

From hardship, orinconvenience. Anargument founded upon the hardship of the cage, and theinconvenience or disastrous consequences to which a different course of reasoning would lea

Lat. From the beginning; from the first act, A party is said to be a trespasser ab initie, an estate to be good ab initio,an agreement or deed to be void ah initio, a marriage to b

Lat. in the civil law. From an intestate; from the intestate; in case of intestacy. Hereditas ab intestato, an inheritance derived from an intestate. Inst. 2,9, 6. Suecessiv ab tnt

Lat. By orfrom an unwilling party. A trausfer ab invito is acompulsory transfer,

By one whois angry. A devise or gift made by a man adversely to the interest of his heirs, on account of anger or hatred against them, is said to be made ab trato. A suit to set as

or ABISHERSING. Quit of amercements. It originally signified a forfeiture or amercement, and is more properly mishering, mishersing, or miskering, according to Spelman. It has sinc

In old English law. The depriving of a thing by the judgment of a court; a putting out of court; the same as forixjudicatio, forjudgment, forjudger. Co. Litt. 100e, 6; Towush. Pl.

One of the steps in the process of naturalizing analien. Itconsists in a formal declaration, made by the party under outh before a competent authority, that he renounces and abjure

In ancient English law. <A renunciation of one’s country, a species of self-imposed banishment, under an oath never toreturn to the kingdom unless by permission. This was formerly

To renounce, or abandon, by or upon oath. See ABJURATION. "The decision of this court in Arthur v. Broadnax, 3 Ala. 557, affirms that if the husband has abjured the state, and rema

As used in a statute relating to service in the militia, this term doves not imply an absolute freedoin from all physieal ailment. It imports an absence of those palpable and visib

A letting out to hire, or leasing for money. Calvin. Sometimes used in the English form “ablocation.”

Lat. In the civil law. A great-great-grandmother’s sister, (abavie soror.) Inst. 3, 6, 6; Dig. 38, 10, 3. Called matertera maxima. Id. 38, 10, 10, 17. Called, by Bracton, abmaterte

Lat. A great-great-grandson. The grandson of a grandson or granddaughter, Calvin.

Lat. A great-great-granddaughter. The granddaughter of a grandson or granddaughter. Calvin.

The place where a person dweils,

The destruction, abrogation, or extinguishment of anything; also the leave given by the sovereign or judges to a criminal accuser to desist from further prosecution. 25 Hen. VIII.

Fr. In French commercial law. Collision of vessels.

In criminallaw. The miscarriage or premature delivery of a woman who is quick with child. When this is brought abont with a malicious design, or for an unlawful purpose, it is a cr

A term descriptive of the result when a case has gone off, and no verdict has been pronounced, without the fault, contrivance, or management of the parties. Jebb & B. dl.

Lat. The fruit of an abortion; the child born before its time, incapable of life.

Nearly; approximating to; in the neighborhood of; not much more or less than. An expression constantly used where a time or sum cannot be precisely stated, im-

Fr. An abuttal or abutment. See Guyot, Répert. Univ. “Aboutissans.”

OR SPECTIAT, BAIL. In practice. Persons who undertake jointly and severally in behalf of a defendant arrested on inesne process in a civil action that, if he be condemned in the ac

Lat. In the civil law. A. great-great-grandfather’s brother, (abavi Frater.) Inst. 3, 6,6; Dig. 38, 10,3. Called patruus maximus. 14.38, 10,10, 17. Called, by Bracton and Fleta, ab

To reduce or contract; usnally spoken of written language. la copyrightiaw, ta abridge means to epitomize; to reduce; to contract. Ji implies preserving the substance, the essence,

An epitome or compendium of another and larger work, wherein the principal ideas of the larger work are summarily contained. Abridgments of the law are brief digests of the law, ar

The right of the court to reduce the damages in

To annul, repeal, or de stroy; fo annul or repeal an order or rule isstied by a subordinate authority; to repeal a former law by legislative act, or by usage.

The annulment of a law by constitutional authority. It stands opposed te vogation; and is distinguished from derogation, which implies the taking away only some part of a law; from

Absolute rights are such as appertain and belong to particular persons merely as individuals or single persons, as distinguished from relative rights, which are incident to them as

Togo inaciandestine manner out of the jurisdiction of the courts, or to lie concealed, in order fo avoid their process. To hide, conceal, or absent oneself clandestinely, with the

One who absconds from his creditors. An absconding debtor is one who lives without the state, or who has intentionally concealed himself from his creditors, or withdrawn himself fr

The state of being absent, removed, or away from one's domicile, or usual place of residence. Absence is of a fivefold kind: (1) A necessary absence, as in banished or transported

In Scotch law. Want or default of appearance. A decree is said to be in absence where the defender (defendant) does not appear. Ersk. Inst. bk. 4, tit. 3, § 6. See DECREET.

Lat. (Abi. of absens.) Being absent. A common term in tle old reporls. “Thethree justices, cbsente North, C. J., were clear of opinion.” 2 Mod. 14.

One whodweills abroad; a landlord who resides in a country other than that from which he draws his rents, The discussions on the subject have generally had reference to Ireland. Mc

or DES ABSENTEES. A parliament so called was held at Dublin, 10th May, 8 Hen. VIII. It is mentioned in letters patent 29 Hen. VIII.

Unconditional; complete and perfect in itself, without relation to, or dependence on, other things or persons,—as an absolute right; without condition, exeeption, restriction, qual

<A conveyance by which the right or property in a thing is transferred, free of any condition or qualitication, by which it might be defeated or changed; ag an ordinary deed of Jan

A covenant which is unconditional or unqualified.

An estate in lands not subject to be defeated upon any condition. In this phrase the word “absolute” is not used legally to distinguish a fee from a lifeestate, but a qualified or

That is an absolute interest in property which is so completely vested in the individual that he can by: no contingency be deprived of it without his own consent. So, too, he is th

Thetrueand proper law of nature, immutable in the abstract or in principle, in theory, but not in application; for yery often the object, the reason, situation, and other circumsta

Completely; wholly; without qualification; without reference or relation to, or dependence upon, any other person, thing, or event.

Absolute property is where a man hath solely and exclusively the right, and also the occupation, of movable chattels; distinguished from a

In practice. A rule of court commanding something to be done asolutely, and at all events, as distinguished from a rule nisi, wich commands something to be done, wnless cause be sh

In Scotch law. A warranting or xssuring of property against all mankind. It is, in effect, w covenant of title.

In the civil law. A sentence whereby a party accused is declared innocent of the crime laid to his charge. In canon law. A juridical act whereby the clergy declare that the sins of

Any system of government, be it a monarchy or democracy, in which one or more persons, or a class, govern absolutely, and at pleasure, without check or restraint from any law, cons