Abatement

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.