A Dictionary of Law

In Scotch law. <An acquittal; a decree in favor of the defender in any action.

Without. Occurs in phrases taken from the Latin; such as the following: ABSQUE ALIQUO INDE REDEN- DO. (Without rendering anything therefrom.) A grant from the crown reserving no re

Without this. These are technical words of denial, used in pleading at common law by way of special traverse, to introduce the negative part of the plea, following the affirmative

a] Without impeachment of waste; without accountability for waste; without liabilily to suit for waste. A elatse anciently often inserted in leases, (as the equivalent English phra

(Lat. without such cause.) Formal words in the now obsolete replication de injurta. Steph. Pl. 191.

In French law. Keeping an heir from possession; also tacit renunciation of a succession by an heir. Merl. Repert.

An abstract is a less quantity containing the virtue and force of a greater quantity. A transcript is generally delined a copy, and is more comprehensive than an abstract. 105. C.

In old conveyancing, One of the parts of a fine, being an abstract of the writ of covenant, and the concord, naming the parties, the parcels of land, and the agreement. 2 Bl. Comm.

A condensed history of the title to land, consisting of a synopsis or summary of the material or operative portion of all the conveyances, of whatever kind or nature, which in any

v. To make exeessive or improper use of a thing, or to employ it in a manner contrary to the natural or legal rules for its use; to make an extravagant or excessive use, as to abus

n. ‘Everything which is contrary to good order established by usage. Merl. Repert. Departure from use; immoderate or improper use. The “abuse or misuse” of its franchises by a corp

An injury to the genital organs in an attempt at carnal knowledge, falling short of actual penetration, 58 Ala. 376.

The using an animal or chattel distrained, which maies the distrainer liable as for a conversion.

There is said to be an abuse of process when an adversary, through the malicious and unfounded use of some regular legal proceeding, obtuins some advantage over his o)ponent. Whart

To reach, to touch. In old law, the ends were said to abut, the sides to adjoin. Cro. Jae. 184,

The ends of a bridge, or those parts of it which touch the land.

(From abut, q. v.) Commonly defined “the buttings and bonndings of lands, east, west, north, and south, showing on what other lands, highways, or places they abut, or are limited a

In its original meaning, an association formed for mutual improvement, or fur the advancement of science or art; in later use, @ species of educational institution, ofa grade betwe

In Frenchfendallaw. Aspecies of relief; a seignorial right due on every change of a tenant. A feudal right which formerly prevailed in Languedoc and Guyenne, being attached to that

An original writ out of chancery, directed to the sheriff, for the removal of a replevin suit from a hundred court or court baron to one of the superior courts. See Fitzh. Nat. Bre

Lat. (You go to the sheriff.) A writ formerly directed to the coroners of a county in Engiand, commanding them to go to the sheriff, where the latter had suppressed and neglected t

Fr. In French law, Acceptance in case of need; an acceptince by one on whoma bill is drawn aw besoin, that is, in case of refusal or failure of the drawee toaccept, Story, Bills, §

Lat. In old pleading. To accept. Acceptavit, he accepted. 2 Strange, 817. Non acceptavit, he did not accept. 4 Man. & G. 7. In the civil law. To accept; to assent; to assent to a p

In the civil and Seoteh law. A release made by a creditor to his d-btor of his debt, without reeciving any consideration. Ayl. Pand. tit. 26, p.570. It is a species of donation, bu

The person who accepts a bill of exchange, (generally the drawee,) or who engages to be primarily responsible for its payment.

One who accepts a bill which has been protested, for the honor of the drawer or any one of the indorsers.

In criminal law. Contributing to or aiding in the comission of a crime, One who, without being present at the commission of a felonious offense, becomes guilty of such offense, not

In criminal law. One who, being absent at the time a crime is committed, yet procures, counsels, or commands another to commit it; and, in this case, absence is necessary to consti

A phrise used in the law of divoree, and de- Tived from the criminallaw. Itimplies more than connivance, which is merely knowledge with consent. A conniver abstains from interferen

In Roman law. <An increase or addition; that which lies next toa thing, and is supplementary and necessary to the principal thing; that which arises or is produced from the princip

DEED OF. In Scotch law. A deed executed by the creditors of a bank- Tupt or insolvent debtor, by which they approve of a trust given by their debtor for the general behoof, and bin

Anything which is joined tv another thing as an ornament, or to render it more perfect, or which accompanies it, or is connected with it as an incident, or as subordinate to it, or

In Seoteh practice. An action which is subservient or auxiliary to another. Of this kind are actions of “proving the tenor,” by which lost deeds are restored; and actions of “trans

In the civil law. <A contract which is incident or wuxiliary to another or principal contract; such as the engagement of a surety. Poth. Obl. pt. 1, ¢. 1, § 1, art. 2. A principal

In the Civil law. An obligation which is incident to another or principal obligation; the vbligationof asurety. Poth. Obl. pt.2,¢.1, §6. In Scotch jaw. Obligations to antecedent or

The right to all which one’s own property produces, whether that property be movable or iminovable; and tue right to that which is united to it by accession, either naturally or ar

An unforeseen event, occurring without the will or design of the person whose mere act causes if; an unexpected, unusval, or undesigned occurrence; the elfect of an unknown cause,

To pay retief to lords of manors. Capitati domino accipitare, t.e., to pay a relief, homage, vr obedience to the chief lord on becoming his vassal. Fleta, lib. 2; &. 50,

In the civil law. One who inhabits or occupies land near a place, as one who dwells by a river, or on the bank of a river. Dig. 43, 15, 3, 6. In feudal law. A husbandman; an agricu

In maritimes law. A eontract between the owner of goods and the master of a ship, by which the former intrusts the property te the latter to be sold by him on their joint account.

Anarrangement or engagement made as a favor to another, not upon aconsideration received; something done to oblige, usually spoken of a loan of money or commercial paper; also a fr

Land bought by a builder or speculator, who erects houses thereon, and then leases portions thereof upon an improved ground-rent. eS

Anacee commodation bill or note is one to which the accommodating party, be he acceptor, drawer, or indorser, has put his name, without consideration, for the purpose of benefiting

Works which a railway company is required to make and maintain for the accommodation of the ‘an.[‘SS.essess=s=s owners or occupiers of land adjoining the a railway, e. g., gates, b

(From ad, to, and coma plicare, to fold up, or wrap together.) In criminal law. One who is joined or united with another; one of several concerned in a felony; an associate in a er

». In practice. To agree or concur, as one judge,with another. “I ac-

n. A satisfaction agreed upon between the party injuring and the party injured which, when performed, is a bar to all actions upon this account. 75 N. Y. 576.

An agreement between two persons, one of whom has a right of action against the other, that the latter should do or give, and the former accept, something in satisfaction of the ri

Fr. and Eng. Agreeing; concurring. “Baron Parker, accordant,” Hardr. 93; “Holt, C. J., accordant,” 6 Mod. 299; “Powys, J., aecord,” “Powell, J., accord,” Id. 298.

The act of a was present, is olten important evidence in proving the parentage of a person.

In practice. A writ or action at common law, (sometimes called "account render,") which lies against a person who, by reason of his office or business as bailiff, receiver, or guar

Subject to pay; responsible; liable. Where one indorsed a note “A. C. accountable,” it was held that, under this form of indorsement, he had waived demand and notice. 42 N. H. 74.

An instruinent acknowledging the receipt of money or personal property, coupled with an obligation to account for or pay or deliver the whole or some part of it to someperson. 27 M

One who keeps accounts; a person skilled in keeping books or accounts; an expert in accounts or bookkeeping. A person who renders an account. When an executor, guardian, etc., rend

A book kept by a merchant, trader, mechanic, or other person, in which are entered from time to time the transactions of his trade or business. Such hooks, when regularly kept, may

An open or running or unsettled account between two

Duties payable by the English customs and inland revenue act, 1881, (44 Vict. ¢. 12, § 33,) on a donatio mortis causa, or on any gilt, the donor of which dies within three months a

The making up and rendition of an account, either voluntarily or by order of a court.

An account made out by the creditor, and presented to the debtor for his examination and acceptance. Whenaccepted, it becomes an account stated.

The settlement of an account between the parties, with a balance struck in favor of one of them; an account rendered by the creditor, and by the debtor assented to as correct, eith

To unite; to marry. We unques accouple, never married.

In international law. (1) T'o receive a3 an envoy in his public character, and give him credit and rank accordingly. Burke. (2) To send with credentials as anenvoy. Webst. Dict.

Lat, In oli records, To purge an offense by oath. Blount; Whishaw.

In theciviland old English law. To grow to; to pass to, and become united with, as soil to land per ullucvionem. Dig. 41, 1, 380, pr.

The act of growing toa thing; usually applied to the gradual and imperceptible accumulation of land by natural causes, as out of the sea orariver. Aceretion of land isoftwokinds: B

To encroach; to exercise power without due authority. To attempt toexercise royal power. 4 Bl. Comm, 76. A knight who forcibly assaulted nnd detained one of the king’s subjects til

Fr. In Frenchlaw. ‘To delay; retard; put off. Accrocherun proces, to stay the proceedings in a suit.

To grow to; to be added to; to attach itself to; as a subordinate or accesa judgment, and interest to the principal debt. The term is also used of independent or original demands,

CLAUSE OF. An express clause, frequently occurring in the case of gifts by deed or will to persons as tenants in common, providing that upon the death of one or more of the benefic

Inchoate; in process of maturing. That which will or may, at a future time, ripen into a vested right, an available demand, or an existing cause of action. 18 Ohio St. 382.

Costs and expenses incurred after judgment,

Instat. utes relative to the taxation of corporations, this term refers to the fund which the company has in excess of its capital and liabilities. 34N. J. Law, 493; 35 N. J. Law,

When an executor or other trustee masses the rents, dividends, and other income which he receives, treats it as a capital, invests it, makes a new eapital of the income derived the

That which aceumulates, or is heaped up; additional. Said of several things heaped toyether, or of one thing added to another.

A seoond, double, or additional legacy; a legacy given in addition to another given by the same instrument, or by another instrument. Aeccusare nemo se debet, nisi coram

A formal charge against a person, to the effect that he is guilty ofa punishable offense, laid before a court or Magistrate having jurisdiction to inquire into the alleged crime. A

To bring a formal charge of crime against a person, before a competent court or officer. 30 Mich. 468. See 5 Rich. 492.

The person against whom an accusation is made. “Accused” is the generic name for the defendant in a criminal case, and is more appropriate than either “prisoner” or “defendant.” 1

The person by whom an accusation is made.

The levelers in the reign of Hen. I., who acknowledged no head or superior. Leges H.1; Cowell. Also certain ancient heretics, who appeared about the beginning of the sixth century,

In Mexican law. A ditch, channel, or canal, through which water, diverted from its natural course, is conducted, for use in irrigation or other purposes.

(Lat. Andalso.) Words used to introduce the statement of the real eause of action, in those cases where ib was necessary to allece a fictitious cause of action to give the court ju

Fr. A purchase or bargain. Cowell.

In old English law. A measure of corn, conjectured to have been the same with our quarter, or eight bushels, Cowell.

To own, avow, or admit; to confess; to recognize one’s acts, and assume the responsibility therefor.

In conveyancing. The act by which a party who has executed an-instrument of conveyance as grantor goes before a competent officer or court, and declares or acknowledges the same as

A sum paid in some parts of England by copyhold tenants on the death of their lords, as a recognition of their new lords, in like manner as money is usually paid on the attornment

JD From the heavens to the center of the earth. A communi observantia non est reecedendum. From common observance there should be no departure; there must be no departure from comm

An inferior ministrant or servant in the ceremonies of the church, whose duties are to follow and wait upon the priests and deacons, etc.

(Lat. constlium, advice.) Of counsel; a counsellor, ‘The term is used in the civil law by some writers instead of a responsis. Spelman, “Apocrisarius.”

An estate acquired newly, or by purchase. 1 Reeve, Eng. Law, 56.

Inthecivil law. Property which has been acquired by purcliase, gift, or otherwise than by succession. Immovable property which has been acquired otherwise than by succession. Merl.

To give an implied consent to a transaction, to the accrual ofa right, or to any act, by one’s mere silence, or without express assent or acknowledgment.

Acquiescencs is where a person who knows that he is entitled to impeach a transaction or enforce a right neglects to do so for such a length of time that, under the circumstances o

A writ of justices, formerly lying for the surety against a creditor who refuses to acquit him after the debt has been satisfied. Reg. Writa, 158; Cowell; Blount.

In the law of contracts and of descents; to become the owner of property; to make property one’s own.

Coming to an intestate in any other way than by gift, devise, or descent from a parent or the ancestor of a purent. 2 Lea, 54. which one acquires or procures the property in anythi

‘To release, absolve, or discharge one from an obligation or @ liability; or to legally certify the innocence of one charged with crime.

In French law. Certain goods pay higher export duties when exported to a foreign country than when they are destined for another French port. In order to prevent fraud, the adminis

Incoltracts. A release, absolution, or discharge from an obligation, liability, or engagement. In eriminal practice. The legal and formal certification of the innocence of a person